A state appeals court ruled this morning Milwaukee’s sick leave ordinance is not preempted by state law, federal labor statutes, or the state and federal constitutions.
The court overturned a circuit court’s ruling that nullified the ordinance, approved by voters in November 2008, on grounds that it did not comply with the state’s direct legislation statute and other grounds.
The circuit court ruled in favor of MMAC after the business group sued to stop the ordinance. The appeals court instead ruled today the ordinance’s proponents were entitled to summary judgment in the challenge.
The state Supreme Court deadlocked on the lawsuit last year with Justice Annette Ziegler recusing herself from the case. That sent it to the appeals court for a ruling on the circuit court decision.
The state Senate has approved legislation that would prohibit local governments from requiring employers to provide leave to deal with family, medical or health issues. SB 23 is now in the Assembly awaiting a public hearing.