By now I am sure you have heard that the Michigan Supreme Court struck a blow to Gov. Gretchen Whitmer on Oct. 2 finding that the 1945 Emergency Powers of the Governor Act was an unconstitutional grant of authority by our state legislature to the executive branch, thus striking her executive orders.
On Oct. 5, the court issued an order clarifying that its prior ruling is effective immediately.
Employers should not be under the delusion, however, that all restrictions and requirements are now null and void. On Oct. 5, the Michigan Department of Health and Human Services issued Emergency Order Under MCL 333.2253 – Gathering Prohibition and Mask Order.
This order again mandates wearing face coverings in public (with the same exemptions as the executive orders including children under age five, those who cannot medically tolerate them, while eating or drinking at restaurants, etc.) and imposed many of the same limitations on the size of gatherings in various settings.
On Oct. 14, the Michigan Occupational Safety and Health Administration refiled its Emergency Rules – Coronavirus Disease 2019 (COVID-19) with the Secretary of State requiring health surveillance by employers, the implementation of workplace controls, training, personal protective equipment and other health and safety measures by industry based on their specific exposure risk. These rules remain in effect for six months.
The long and short? Very little has changed. Michiganders are expected to continue exercising precautions to slow the spread of COVID-19. Employers should also be cognizant of and follow any orders issued by their local county health department.
- Of Counsel
An of counsel attorney in the firm’s Detroit office, Claudia D. Orr exclusively represents and advises employers and management in employment and labor law matters.
Ms. Orr has an ever-growing practice in Alternative Dispute ...
Add a comment
Subscribe
RSSTopics
- Employment Liability
- Labor Law
- Department of Labor (DOL)
- Fair Labor Standards Act (FLSA)
- Employment Agreement
- At Will Employment
- Wage & Hour
- Employment Discrimination
- Minimum Wage
- National Labor Relations Act
- Equal Employment Opportunity Commission (EEOC)
- Human Resources
- Noncompete Agreements
- Civil Rights
- National Labor Relations Board (NLRB)
- Contract Employees
- COVID-19
- Americans With Disabilities Act (ADA)
- National Labor Relations Board
- Coronavirus
- Family Medical Leave Act (FMLA)
- Tax Law
- Whistleblower Protection Act
- Regulatory Law
- Paid Medical Leave Act (PMLA)
- Federal Trade Commission
- OSHA Issues
- Title VII
- Civil Litigation
- Settlements
- Retaliation
- Sick Leave
- Unemployment Benefits
- Workplace Harassment
- Contracts
- Transgender Issues
- Accommodations
- First Amendment
- Hostile Work Environment
- Business Risk Management
- Public Education
- ERISA
- Workers' Compensation
- Cannabis
- Department of Justice
- Medicare Issues
- LGBTQ
- Class Actions
- Sexual Harassment
- Garnishments
- Social Media
- Retail Liability
- RICO
- Emergency Information
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Department of Education (DOE)
- Title IX
- Medical Marijuana
- Right to Work
- Health Insurance Portability and Accountability Act (HIPAA)
- Diversity
- Union Organizing & Relations
Recent Updates
- Federal Court Throws out DOL’s Attempt to Rewrite White Collar Overtime Rules
- Civil Rights Litigation Filed by Christian Employers Gets New Life Following Federal Appellate Court Ruling
- Michigan Supreme Court Clarifies Minimum Wage Decision
- Judge Strikes Down Federal Ban on Non-compete Agreements
- Michigan Employers Can Legally Resist Union Organizing Efforts
- Michigan Supreme Court Decision Reinstates Previous Versions of Wage Laws
- Union Power in Michigan: Is it Real or Imagined?
- Employers Should act Now to Address Rising DOL Salary Thresholds for Exempt Employees
- Is This the end of the Employee Non-Compete Clause?
- Tax Considerations When Settling an Employment Claim 2.0