UPDATE 4:39 p.m.: The Kentucky Court of Appeals on Tuesday denied a request for an injunction from Louisville business groups, meaning as of Wednesday, the minimum wage in Louisville will rise to $7.75 per hour.
See below for the details of the case:
A day before the minimum wage in Louisville is set to rise to $7.75 per hour, business groups and a local employer are asking the Kentucky Court of Appeals to block the increase.
Attorneys for the Kentucky Retail Federation, the Kentucky Restaurant Association, and Packaging Unlimited filed the request late Monday afternoon, arguing they and their member businesses would “suffer immediate and irreparable injury” if the wage increase goes into effect Wednesday and is later overturned by the court.
Conversely, the appeal says, if the court freezes the wage increase now and later upholds the Circuit Court order, the businesses could pay their employees the difference in lost wages.
“The same cannot be said for employers who would not be able to withhold or deduct from future wages, if any, to recoup overpayments issued while complying with an invalid ordinance,” the filing says.
The appeal comes a day after Jefferson County Circuit Court Judge Judith McDonald-Burkman upheld the city’s minimum wage law, which the groups claim is beyond the purview of local government.
In December, Metro Council approved and Mayor Greg Fischer signed into law an ordinance raising the minimum wage to $9 an hour in three increments over the next two years. The business groups sued earlier this year to block the increase, arguing state law does not allow city governments to raise the minimum wage above the floor established by the General Assembly, which is tied to the national minimum wage. The current minimum wage in Kentucky is $7.25 per hour.
The Jefferson County Attorney’s office, which has defended the law in court, responded to the appeal late this morning, saying the groups failed to demonstrate the “irreparable injury” they claimed would come from the ordinance taking effect on Wednesday.
Read both filings below.