Wisconsin Supreme Court May Rule On Paid-Sick-Day Ordinance

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Posted on 20th February 2010 by Gordon Johnson in Uncategorized

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The Wisconsin Supreme Court will be considering whether to rule on an appeal of Milwaukee’s paid-sick-day ordinance.
http://www.jsonline.com/news/milwaukee/84754612.html

The District 4 Court of Appeals Thursday requested that the state’s highest court to handle the appeal, because of its importance. The Supreme Court will have to decide whether it wants to look at the case.

The Metropolitan Milwaukee Association of Commerce has challenged a city ordinance that mandates that workers receive paid sick days. The MMAC maintains that will make the city less competitive and stifle jobs.

Laws on paid sick days are also being considered in New York City and Tacoma, Wash.

The Wisconsin Coalition Against Domestic Violence and the Wisconsin Democracy Campaign both both support of the Milwaukee ordinance.

The obvious issue in this case is whether a local common counsel has the power to make such a broad reaching economic rule. Local governments can only make laws which they are “enabled” to make by state legislature. I am guessing that Wisconsin laws do not give the Milwaukee Common Council this power. This kind of rule must come from the State Legislature, and even then, it might be subject to a claim that as it effects Interstate Commerce, it must come from the United States Congress.