A referendum approved by Portland voters that increased pay for minimum wage workers during a state of emergency is facing an appeal in Maine’s Supreme Court.

According to CBS 13, two Portland employees are cross appealing, arguing that hazard pay, which would require businesses to pay employees time and a half during an emergency, should have gone into effect in December.

A judge previously ruled that it would go into effect in January of 2022, though many businesses have started paying employees hazard pay anyway. The city said it won’t enforce it until the date set by the judge.

The ordinance has come under fire from some business owners and the Portland Regional Chamber of Commerce, who say businesses are already struggling because of the pandemic and can’t afford such a significant jump in employee wages.

That appeal was scheduled to begin Tuesday at 9 a.m.