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Milwaukee Court Issues Injunction Delaying Enforcement of Paid Sick Leave Ordinance

By Geoffrey S. Trotier

This article appears in Client Alert: Voters To Decide On Mandatory Paid Sick Leave

As you know, City of Milwaukee electors passed a mandatory paid sick leave ordinance which requires Milwaukee employers to provide paid sick leave to all full-time, part-time, and temporary employees. (Please follow this link to access the November 20, 2008 Client Alert describing the ordinance.) The ordinance requires all employers in the City of Milwaukee to comply by February 10, 2009.

On February 6, Milwaukee County Circuit Court Judge Thomas Cooper issued an injunction delaying enforcement of the ordinance until the court challenge filed by the Metropolitan Milwaukee Association of Commerce (“MMAC”) has concluded. This means that employers are not required to have a compliant policy in place by February 10, 2009. Rather, employers should wait until the court has issued a final ruling in MMAC’s challenge before issuing revised policies. If MMAC prevails, employers may not be required to revise their paid time-off policies to comply with the ordinance.

Please feel free to contact your Davis & Kuelthau attorney if you have any questions regarding this matter, or if you would like assistance evaluating and revising your leave policies in light of the new ordinance.

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