Proposed changes to sick leave requirement spur debate

The Nebraska Legislature resumed debate Wednesday on possible changes to a law approved by voters last November requiring businesses give their employees paid sick leave.

Wednesday’s debate pitted arguments that the paid sick leave requirement would hurt small businesses against claims that changing the law would defy the will of the voters. Debate centered on an amendment championed by Sen. Paul Strommen to exclude seasonal agricultural workers, workers under 16, and workers for companies with 10 or fewer employees. Strommen explained the small business exclusion.

“Smaller businesses operate on thin profit margins and will not be able to compete with larger companies that can more easily absorb the costs of mandated benefits," he said. "As a result, small businesses will be forced to shut down, eliminating employees altogether. In either event, this will lead to lower wages, less competition, and likely fewer benefits over time."

Sen. Megan Hunt said the proposed changes were dangerous.

“Illness doesn't check someone's age or what type of job they have," she said. "A sick farm worker can spread the flu just as easily as any other worker, maybe more so in the close quarters of seasonal housing. A sick teenager in a restaurant can get other customers sick, and this amendment invites more people to work sick, and that endangers all of us."

Sen. George Dungan said his constituents wonder what the Legislature is up to.

“Why does the Legislature keep trying to change what the people voted for?" he asked. "And there's a fear that I hear from these people that we're not going to do what they want, and again, that there's other analogies, such as medical marijuana, where the medical marijuana ballot initiative passed with overwhelming support, and there has been a pervasive fear amongst the public that we as a Legislature are not going to do our job in effectuating, or putting into effect, what the voters wanted."

Legislation to implement medical marijuana remains stuck in committee, although its legalization will take effect even if the Legislature does not act.

Sen. Tony Sorrentino pushed back against the argument that legislators are ignoring the will of voters.

“While I trust the will of the voters, I do believe that they did not understand the cost of this, and specifically the cost of this to a small employer," he said. "If I have five employees, and one or two of them are taking leave and I have to pay them, I've lost 40% of my workforce. So I don't think we're undoing the will of the people as much as we are contemplating what the financial impact may be."

Sen. Danielle Conrad argued that voters did know what they were doing. She challenged Strommen, who said he had voted against paid sick leave on the ballot.

“The ballot question before voters was clear. You read it, you understood it, you voted ‘no.’ Other voters in Nebraska, the vast majority in your district and across the state, read it, understood it, and voted ‘yes.’ Do you believe that you have more discernment than the average Nebraska voter?” she asked.

“I'm not going to pretend to know what the average Nebraska voter thinks,” Strommen replied.

“The only indication we have, senator, is from the election results. If you do not trust the election results, you should resign your position,” Conrad continued.

“That's fantastic,” Strommen commented.

Lawmakers adjourned for the day before reaching a first-round vote on the bill. They have now spent a little under four hours, spread over two mornings, debating it.

Following the general practice of allowing for eight hours of debate before a cloture motion to cut off debate and vote would mean another three hours of debate Thursday morning and a vote on Friday.

It would take two-thirds of the Legislature, or 33 votes, to ultimately approve a change in the law approved by voters. That’s the same number it would take to cut off debate and vote on the bill, meaning Friday’s vote should give a good indication of which way the issue will be decided.

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