Calling it "a fight we cannot afford to sit out," the Metropolitan Milwaukee Association of Commerce (MMAC) has filed a legal challenge to the City of Milwaukee's paid sick leave mandate.

As expected, the MMAC's complaint was filed in Milwaukee County Circuit Court today.

"This one-size-fits-all mandate is not only bad economic policy, it is also bad law," said MMAC president Tim Sheehy. "We believe this measure interferes with employers' rights to negotiate labor agreements with their employees and is an illegal extension of the City of Milwaukee's authority into areas of law and regulation reserved to the state."

As part of this lawsuit, MMAC also will request that the court enter a temporary injunction to block the city from enforcing the mandate while the court considers the mandate's legal validity.

If the injunction is not granted, all Milwaukee employers will need to begin implementation of the new mandate on Feb. 10, 2009.

"We do not take suing the city lightly," Sheehy said. "This has the potential to be a long and extremely costly fight. However, the negative ramifications of this mandate are so extreme for our member companies and our regional economy that we are convinced it is a fight we cannot afford to sit out."

The mandate was approved by 68 percent of the voters in the city in a Nov. 4 referendum. The referendum was placed on the ballot after 9to5, a coalition advocating on behalf of working women, gathered enough citizen signatures to ask the question.

The complaint was filed on behalf of the MMAC by Michael Best & Freiedrich LLP. The complaint alleges that the mandate is "invalid and unenforceable."

• The points of contention in the complaint include:


• The ballot question failed to inform the voters of "what the ordinance actually mandates."


• The mandate, in effect, sets a new minimum wage that conflicts with the state minimum wage law.


• The mandate is unconstitutional because it "arbitrarily discriminates against employers."


• The mandate exceeds the city's statutory authority.

To view the complaint filed by the MMAC, click here.

To view the answers to frequently asked questions (FAQs) about the mandate, click here.

To contribute to the MMAC's legal challenge fund, visit www.bizforgrowth.com.

To register to attend the Milwaukee Press Club's Newsmaker Luncheon about the mandate, click here.