Republicans walk out of Michigan House, demand action on tipped wage and sick leave laws

• Michigan House Republicans boycott lame-duck session, demanding votes on paid sick leave and minimum wage bills
• Democrats continued voting, passing unrelated bills that aim to deter a form of online threats known as ‘sextortion’
• Only three full session days remain on the House calendar before Democrats lose control of chamber to GOP

LANSING — Michigan House Republicans delivered an ultimatum to the lame-duck Democratic majority Friday after walking out of the state Legislature: Give our priorities a vote, or we’re gone.

In an impromptu afternoon press conference, Republican Speaker-elect Matt Hall demanded Democrats take up bills to modify pending earned sick time rules for employers and preserve the state’s tipped credit for restaurant workers, which would otherwise be phased out under a recent court order. 

“Put up legislation right now to keep the earned sick leave policies alive and to protect our restaurant workers,” Hall said. “And we aren’t going to come back on to the floor today until that happens.”

Outgoing House Speaker Joe Tate, D-Detroit, accused the GOP of taking itself out of ongoing negotiations, which have also included some discussions about a long-term road funding deal sought by Gov. Gretchen Whitmer.

“We can't have a bipartisan solution if we don't have Republicans at the table and Republicans here wanting to do the work again,” Tate told reporters after the GOP walkout. 

Republicans left the floor as Democrats took up — and eventually approved — bills that aim to deter a form of online threats known as “sextortion.”

The GOP is attempting to use the Democrats’ tight timeline against them. Due to parliamentary rules and the number of days left on the Legislature’s calendar, bills must pass out of the House soon in order for them to have a chance of reaching the governor’s desk before the session ends with the year. 

In their final two weeks with a 56-54 majority, House Democrats have struggled to pass some of the headline items of their lame-duck agenda, deferring votes over multiple days and spending hours behind closed doors, privately negotiating with their own members.

Democrats need unanimity to pass any bills without GOP support. Republicans have banded together to oppose several measures as they prepare to assume the majority in January. 

The Senate, however, has been busy. In a marathon Thursday meeting that concluded 5:30 a.m. Friday, majority Democrats passed “polluter pay” legislation, a package of long-awaited policing reforms, bans on bump stocks and “ghost guns” and more. 

The "sextortion" legislation, which House Democrats approved in 56-0 votes after Republicans left the floor, would create new criminal penalties for people who threaten to distribute sexually explicit photographs or videos of another person to compel that person to send more images or something of value. 

In cases involving victims under the age of 18, offenders could face up to 20 years in prison under the bills, which were inspired by a 17-year-old from Marquette who committed suicide after he was extorted over sexual images. 

Republicans argued there were more pressing issues to address in the final voting days of the year, however. 

“(What) the people in Michigan care about is that their representatives are fighting for the small businesses of their districts to fix the roads and to improve life for workers, which would happen if we fixed the sick leave policy,” Hall said.

“We'll go back to our offices, we'll go out and we'll come back when Speaker Tate is ready to fight for working people.”

The Michigan Supreme Court in July ruled that a Republican-led Legislature violated constitutional rules in 2018 when it adopted and subsequently modified a citizen initiative to raise the state’s minimum wage and eliminate the state’s tipping wage — currently $3.93 an hour — during the same legislative session.

Under court order, the intent of that initial petition is set to take effect in February, phasing out the state’s lower tipped wage and raising Michigan’s current $10.33 an hour minimum wage to just shy of $15 by 2028. 

Businesses with 10 or more employees will also be required to provide up to 72 hours of paid sick leave per year, while smaller firms will have to provide up to 40 hours per year. Unused sick time could rollover year-over-year.

Industry leaders argue the sick leave changes are too rigid and could mean less flexibility for employees at firms that already have more generous policies. And elimination of the tipped wage, they say, could upend the state’s restaurant industry still struggling to recover from COVID-19 losses. 

Bipartisan legislation introduced earlier this month would leave the state’s tipping wage at its current rate but still increase the general minimum wage to $15 by 2029. A second bill would adjust the sick leave law, but it's not yet clear what the final version of that proposal might look like.

Hall did not specify which legislation he wanted a vote on.

In the mix with prospective changes to the minimum wage and earned sick time is a portfolio of bills funding road repairs. Democrat and Republicans alike have expressed interest in a long-term infrastructure funding solution. 

But with the ultimatum delivered Friday, progress on that legislation appeared to have reached an impasse.

“You don't walk off of a job,” said majority floor leader Abraham Aiyash, D-Hamtramck. “If leader Hall was serious about getting to a deal that allows us to move the ball forward on the conversation with road funding, he would not walk out with all of his members.”

Despite the absence of all 54 Republicans, the House continued voting on bills during the rare Friday session, which Democratic leadership had added to the calendar after discussions in their own caucus stalled Thursday. 

“I think we are in a good position right now to continue to move the agenda,” Aiyash added.