By: Alan E. Seneczko
On June 12, the Milwaukee Circuit Court struck down the Milwaukee Sick Pay Ordinance, finding the ordinance invalid and unconstitutional. Under the ordinance, enacted under Wisconsin's direct legislation statute, employers that had employees within the City of Milwaukee were required to provide them with paid sick leave benefits based upon the number of hours they worked.
The ordinance required paid sick leave not only for cases of illness or injury, but also in instances of domestic violence, stalking and related legal actions. The court found that the broad scope of the ordinance exceeded what was presented to voters in November 2008, rendering it both invalid under the direct legislation statute and unconstitutional.
The matter will now be appealed to the Wisconsin Court of Appeals, but enforcement of the ordinance will be permanently enjoined unless the appellate court decides otherwise.
Employers operating in Milwaukee may now breathe a little easier - and can focus their consternation on the recent changes to the WFEA.
Questions? Please contact WS Shareholder and Senior Attorney Alan Seneczko in our Oconomowoc office at (262) 560-9696, or alseneczko@wesselssherman.com.
