Advancing the rights of working families.

Milwaukee

In November 2008, voters in Milwaukee voted overwhelmingly -- 69% to 31% -- in favor of a paid sick leave initiative. A Better Balance worked with advocates from 9 to 5 to draft the ballot measure and to educate voters.

On June 15, 2009, a Milwaukee trial court ruled on the legality of the ordinance, finding that the City has the authority to enact the paid sick days law, but striking it down because of its domestic violence provisions. On February 18, 2010, the Wisconsin Court of Appeals certified certain questions to the Supreme Court of Wisconsin for review and the high court agreed, on March 16, 2010, to consider all issues raised in the case. On October 14, 2010, the Supreme Court of Wisconsin issued an opinion. Since the justices equally divided on whether to affirm or reverse the trial court, the Supreme Court vacated its order granting certification and remanded the case to the Court of Appeals.

On March 24, 2011, The Wisconsin Court of Appeals upheld the Milwuakee paid sick days law, reversing the trial court's decision and vacating the permanent injunction that had prevented the law from going into effect.  To read the court's decision, click here.

On May 5, 2011, Governor Walker signed into law a bill that seeks to undermine local control statewide and attempts to undo the Milwaukee paid sick days law. 

On July 28, 2011, Judge Thomas Cooper of the Milawukee Circuit Court ruled that the new Wisconsin state law prohibiting cities from legislating paid sick days prevented him from lifting the injunction on the Milwuakee paid sick days law.  Implementation of the Milwaukee ordinance has been delayed since November 2008, when it was voted into law by an overwhelming majority of the electorate.

Click here to read ABB's legal analysis of the case.

Sick Pay Law Should Cover Abuse Victims, Milwaukee Journal Sentinel, Peter & Jennifer Buffett (June 23, 2009).

For more information, check out 9to5 National Association of Working Women.

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