LANSING, Mich. — Today, sixteen attorneys general across the state joined together to form a coalition, headed by California, in a legal effort to defend the state minimum wage protections for employees of federal contractors in Washington v. GEO Group. Among those sixteen attorneys general was Dana Nessel of Michigan.
The coalition was formed in response to a lawsuit launched by the State of Washington in 2017, confronting GEO Group Inc.'s failure to pay state minimum wages to some workers. These workers denied minimum wage were people who worked for GEO while awaiting outcome of civil immigration proceedings.
For several years, GEO paid these workers $1 per day when the state of Washington's minimum wage was set. GEO is currently arguing that it does not have to comply with state minimum wage laws because it is a federal contractor. However, in 2021, GEO was ordered by a federal court to pay all of its workers at least the state minimum wage.
"I stand with my colleagues in asserting that state minimum wage laws are applicable to any entity that conducts business in a state regardless of the entity’s status as a federal contractor," said Dana Nessel in a recent press release.
Dana Nessel and the coalition of sixteen attorneys general have led an amicus brief, which is a professional organization that is not affected by a particular case or litigation but can still give advice and legal support to a party that is affected. In the amicus brief, the coalition seeks to uphold state minimum wage protections, challenges GEO's evasion of minimum wages, and urge the U.S. Court of Appeals to affirm the lower court's judgment, which ruled that GEO did violate Washington's wage laws.
"As attorney general, protecting the residents of our state from exploitation is a top priority,” Nessel said. “The Michigan minimum wage is currently $9.87 an hour and through their unfair labor practices, GEO Group, a private business, attempted to clothe itself in federal immunity and exploit immigrant workers to circumvent minimum wage laws."
The coalition and the amicus brief maintains that selling goods or services to the federal government does not allow an organization to avoid state minimum wage laws.
In the amicus brief, the coalition asserts:
- states have broad authority to regulate employment, including minimum wages;
- broadly applicable wage and hour laws protect workers, guard against exploitation, promote job creation, and support thriving labor markets;
- the intergovernmental immunity doctrine does not exempt private employers from broadly applicable state minimum wage statutes; and
- the Ninth Circuit should affirm the district court’s judgment in favor of the plaintiffs.
Dana Nessel, as a member of the coalition, stands among the attorneys general of Calirfornia, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Minnesota, Oregan, New Mexico, New Jersey, New York, Rhode Island, and Vermont.
