Circuit Judge Blocks St. Louis Higher Minimum Wage Ordinance
From Missouri Digital News: https://mdn.org
MDN Menu

MDN Home

Journalist's Creed

Print

MDN Help

MDN.ORG: Missouri Digital News
MDN Menu

MDN Home

Journalist's Creed

Print

MDN Help

MDN.ORG Mo. Digital News Missouri Digital News MDN.ORG: Mo. Digital News MDN.ORG: Missouri Digital News
Lobbyist Money Help  

Circuit Judge Blocks St. Louis Higher Minimum Wage Ordinance

Date: October 16, 2015
By: Mark Hughes
State Capitol Bureau

JEFFERSON CITY - A St. Louis circuit judge on Thursday, Oct. 15,  threw out an ordinance increasing the minimum wage in St. Louis. The judge's order came the day before the higher salaries were to take effect.

The St. Louis Board of Aldermen in August approved an ordinance which would have required businesses in St. Louis to pay employees at least $8.25 per hour -- rising to $11 per hour by January 2018.

The ordinance would have taken effect on Oct. 16, but was blocked by by Circuit Judge Steven Ohmer who found in favor lawsuit filed by various business interests including the Cooperative Home Health Care, Inc., the Missouri Chamber of Commerce and Industry, the Missouri Restaurant Association, the Missouri Retailers Association, the National Federation of Independent Businesses and Naufel, Inc.

In his ruling, the judge found that the ordinance violated Missouri law including a measure the governor had vetoed in the summer, but lawmakers overrode this fall.

Missouri's current statewide minimum wage is $7.65, higher than the current federal minimum wage of $7.25. Missouri's higher state minimum wage is the result of Proposition B approved by Missouri voters in 2006.

The state law passed by voters to set a higher minimum wage in Missouri was cited by the judge in this case in granting an injunction blocking a higher minimum wage in the City of St. Louis.

The judgment declares the ordinance void and unenforcible and permanently restrains the defendants, the City of St. Louis,  from implementing the ordinance.

Last month, the Missouri General Assembly overrode Gov. Nixon's veto of a bill which prohibits municipalities from raising the minimum wage  higher than the state minimum wage. 

In his decision, the judge noted that this law was not an issue in the request seeking the injunction against the St. Louis ordinance because the law was not in effect at the time the ordinanance was passed. The judge also rejected arguments by the plaintiffs that the ordinance voilated statutory prohibitions against a municipality setting a minimum wage higher than the state minimum wage, that it exceed the authority of the city's charter and that it constituted an unauthorized delegation of legislative power.

In a written statement, Brad Jones, state director of the National Federation of Independent Business said the injunction was a victory for small businesses statewide.

"The minimum wage should be consistent throughout the state," Jones said. "Allowing local governments to set their own higher wages would create hardships for many small, family businesses." 

Following the ruling, St. Louis Mayor Francis Slay indicated via social media that the injunction would be appealed.

The website of Missouri Secretary of State Jason Kander shows that 10 different petitions involving increasing the state minimum wage have been submitted for approval to be circulated in an effort to place them on the ballot for statewide elections in 2016.   

Get the bill banning cities from adopting higher minimum wage requirements, HB 722