Key Points in Brief Filed by Milwaukee 9to5 On the Paid Sick Leave Ordinance

MMAC is trying to disguise a policy disagreement as a legal argument. This case rests on legal points, not policy debates. There is no basis for a temporary injunction as MMAC cannot show irreparable harm. Nor can they meet the required showing of a likelihood of success on their claims:

    1)      The submission of the ballot was proper – it plainly and fairly let people know what the issue was. It was properly enacted.   2)      Paid sick leave is valid under the City’s authority to regulate for the “health, safety and welfare of the public.” Detailed information was given to substantiate the need (delayed recovery, spread of illness, increased exposure for children; costs stemming from productivity reduction, delayed health treatment, and increasing job loss). Petitioners were shown copies of the ordinance. Twenty people gave testimony at the Common Council hearing. Numerous materials were distributed during the campaign, including a Health Impact Assessment and asthma fact sheet.   3)      The ordinance is not pre-empted by the minimum wage law, which specifically governs the minimum hourly wage rate – and has done so for nearly 100 years -- as opposed to benefits, or by the WI FMLA, which allows for more generous provisions and does not conflict with the Ordinance.   4)      The ordinance is clear and lawfully constructed. MMAC shows no reason for the alleged lack of connection to public health and welfare. The ordinance regulates employment inside city borders; it does not apply outside the borders of city.   5)      Implementation will not bring about any imminent or substantial harm. Costs in changing policies will be minimal, and are already expended by conscientious employers. An analysis of San Francisco a year and a half after implementation of their paid sick days ordinance shows job growth, not loss. -- Legislation is presumed valid. No injunction is warranted while the lawsuit is pending. The legal issues can be ruled on within a few months. Employees don’t accrue much time during that period; there is no argument for imminent or irreversible harm. MMAC gives no basis for its estimate of harm, and fails to take into account the substantial benefits to employers from paid sick leave, and harm to workers if the ordinance is not implemented.  -- The City is not an abstract bureaucracy but its residents. The overwhelming vote in favor of the ballot initiative is evidence of the urgency.