Missouri Supreme Court upholds Prop A - rules against employers on a technicality

By Ray McCarty, president and CEO, Associated Industries of Missouri

April 29, 2025 - The Missouri Supreme Court issued their decision today in the case of Raymond McCarty et al. v. Secretary of State.

The decision, linked here, states that the state's highest Court did not have jurisdiction to decide the main argument in our case - whether the proposal contained multiple subjects in violation of the Constitution. The Court, in essence, ruled they only had original jurisdiction over matters related to irregularities under Chapter 115 (statutory provisions, not constitutional provisions) and only related to the election "process" and stated the "validity" of Proposition A "is not a matter related to the election process."

Our challenge that Proposition A contained the multiple subjects, which is obvious to any reader of the Proposition, was decided without prejudice, meaning we could raise the issue in a lower court. However, May 1 is the start date of Proposition A's sick and domestic violence leave requirements.

We will continue our efforts in the Missouri legislature to either overturn the sick leave provisions in their entirety or to at least make the law something Missouri employers may be able to effectively implement.

Stay tuned!