While wage-and-hour compliance programs traditionally focus on FLSA and, as regularly discussed in this space, any applicable state laws, county and municipal governments also have the right to impose additional requirements. See previous post here. Two proposed municipal laws which would mandate that employers provide paid sick leave to employees hit snags last week.
In Milwaukee, a proposed ordinance requiring large businesses to provide workers with nine paid sick days, and smaller businesses to provide five paid sick days, was put on hold further following a 3-3 decision by the Wisconsin Supreme Court on whether Milwaukee County Circuit Judge Thomas Cooper properly struck down the proposed law. Milwaukee Association of Commerce v. City of Milwaukee, 2010 WI 122 (Oct. 14, 2010). Based on the deadlock, the Supreme Court remanded the case back down to a lower appellate court for review. Id.
In New York City, City Council Speaker Christine Quinn indicated she would not support a proposed paid-sick leave bill, effectively tabling the measure indefinitely despite widespread belief that, if put to a vote, the bill would pass. The Speaker promised to continue a dialogue with the legislators responsible for the bill.
As legislators continue to balance a struggling economy with the goal of worker protection, more and more local governments may seek to take action to fill in perceived gaps in the federal or state floor. Employers in larger municipalities (and in active counties such as Miami-Dade) must be aware of these developments.