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Michigan Supreme Court Releases Ruling on 2024 Ballot Proposal for Min. Wage + Tip Credit

May 31, 2024

Please note: This ruling is not related to Mothering Justice v. Attorney which will rule on the constitutionality of an action taken by the Michigan legislature in 2018 referred to as “adopt-and-amend.”

Today, the Michigan Supreme Court (MSC) issued a ruling in the case Raise the Wage v. Board of State Canvassers.

In October 2023, the Board of State Canvassers deadlocked 2-2 in a vote to approve the Raise the Wage Michigan ballot proposal after debate on the language used on the petition. In the Raise the Wage Michigan petition language, organizers changed the definition of employer to anyone with 21 or more employees, indicating that any business with less than 21 employees would be subject to the federal minimum wage of $7.25 per hour.

Raise the Wage Michigan filed a lawsuit in November 2023 with the Michigan Supreme Court. Michigan Opportunity successfully intervened in this case and filed an amicus brief arguing to keep this proposal off of the ballot.

The Michigan Supreme Court ruled today in favor of the Board of State Canvassers which prevents the ballot proposal from being required to be placed on the November 2024 ballot.

What Does this Mean for Operators?

  • Michigan minimum wage remains at $10.33 per hour
  • Michigan tipped minimum wage remains at $3.93 per hour
  • The ballot proposal attempting to increase the minimum wage and eliminate the tip credit will not be voted on in November 2024.

What’s Next?

While Michigan’s tip credit and minimum wage has been protected for this upcoming ballot, we still await a ruling in the case Mothering Justice v. Attorney which will rule on the constitutionality of an action taken by the Michigan legislature in 2018 referred to as “adopt-and-amend.”

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