On April 1, 2009, the Milwaukee Equal Rights Commission (ERC) adopted a draft of the City of Milwaukee Paid Sick Leave Ordinance Administrative Rules. These rules establish the standards and procedures the ERC will use for both the implementation and the enforcement of the ordinance by the ERC should the current legal challenge to the ordinance by the Metropolitan Milwaukee Association of Commerce fail.
As a result of the filing of this legal challenge, there is a temporary injunction in place prohibiting the city of Milwaukee from implementing the ordinance. It appears the city is proceeding on creating and approving the administrative rules as required under the ordinance so that they will be in place should the legal challenge fail or the injunction be lifted.
The ERC has scheduled a public comment period through April 24, 2009, to allow employers, employees, and other interested parties to provide feedback about the rules before their final adoption. A public hearing has been scheduled for April 22, 2009, at 6:00 pm at La Causa Charter School, 1643 S. 2nd Street, Milwaukee, WI.
The ERC is limiting testimony at the public hearing to questions, concerns, and feedback about the rules. The commission has specifically noticed that it will not hear testimony about either the merits of the ordinance or the current legal challenge. Additionally, individuals planning to speak at the public hearing are encouraged to submit their testimony in writing and provide documentation of any examples of issues they want addressed by the rules.
Comments, questions, and concerns about the administrative rules should be sent to emprel@milwaukee.gov or mailed to the Equal Rights Commission, Department of Employee Relations, 200 E. Wells Street, Room 706 — City Hall, Milwaukee, WI 53202.
This alert was written by the attorney-editors of Wisconsin Employment Law Letter: Saul C. Glazer and Michael J. Modl. They practice law in Wisconsin with the law firm Axley Brynelson, LLP. Learn more about them and the law firm