Articles About Michigan Labor and Employment Law.

As Michigan’s COVID-19 cases continue to rise, Governor Whitmer issued Executive Order 2020-160 rescinding previous orders that had relaxed Michigan’s stay-at-home requirements. The new order closes or restricts operations of several indoor establishments, restricts social gatherings and events, and reiterates individual and workplace operation guidelines.

On July 10, 2020, in response to a recent increase in the number of positive COVID-19 cases in the state, Michigan Governor Whitmer issued an Executive Order requiring individuals to wear face masks covering their nose and mouth, and businesses to refuse to provide service to customers without face

On June 1, 2020, Michigan Governor Whitmer issued an Executive Order moving the entire state of Michigan to Stage 4 of the Michigan Safe Start Plan and setting the stage for most businesses to resume operations.

On May 19, 2020, Michigan Governor Whitmer issued two Executive Orders.  The first Executive Order establishes requirements for previously idled businesses as they reopen in the state.

On May 7, 2020, Michigan Governor Whitmer issued Executive Order 2020-77, extending her April 3, 2020 Stay Home, Stay Safe Order through May 28, 2020, while setting forth a plan to reopen the state in phases as part of the

Without a doubt, employers across the globe are contending with myriad issues to keep their employees safe and employed as businesses start to reopen, and Michigan is no exception. In this Insight we provide an update on current requirements, which we expect to persist and expand as sectors of

On April 24, 2020, Michigan Governor Whitmer issued an Executive Order extending her April 3, 2020 Stay Home, Stay Safe Order through May 15, 2020, while providing rules for certain businesses permitted to resume operations. The Order also permits Michigan residents to leave their home or place of residence for boating, golfing, as well as other recreational activities. Other than the face covering requirements outlined below, which go into effect on April 27, 2020, the remainder of the Order takes effect immediately.

To gradually reopen businesses in the state while continuing to slow the spread of COVID-19 in Michigan, Governor Gretchen Whitmer’s Executive Order (EO) 2020-59 would permit some businesses to resume operations if they meet certain, substantial requirements.

NOTE: Because the COVID-19 situation is dynamic, with new governmental measures each day, employers should consult with counsel for the latest developments and updated guidance on this topic.

On April 3, 2020, Michigan Governor Whitmer issued an Executive Order prohibiting employers from discharging, disciplining, or otherwise retaliating against an employee for staying home from work because the employee tests positive for COVID-19, displays principal symptoms of COVID-19, or has had close contact with an individual who has tested positive or has symptoms. The Order takes effect immediately and continues until the end of Michigan’s declared states of emergency and disaster.

The Michigan Department of Health & Human Services (MDHHS) has issued guidance further tightening the protocols governing in-home caregivers for older adults to prevent the spread of COVID-19 among the vulnerable individuals they serve. Although the recommended steps are not mandatory, the MDHSS “strongly urges” direct care workers to follow the guidance while providing support to their clients for non-emergency medical care, activities of daily living (ADLs), and instrumental ADLs.1 For purposes of the guidance, “older adults” are persons age 60 or older, and “direct care workers” include, but are not limited to, personal care assistants (PCAs), certified nurse aides (CNAs), home health aides, private duty nurses (RNs), direct support professionals, and informal caregivers who do not reside at the client’s home.

Michigan Governor Gretchen Whitmer issued Executive Order No. 2020-21, requiring nonessential businesses and organizations to close their physical workspaces and facilities to customers, most workers, and the public beginning 12:01 a.m. on March 24, 2020. This Order, issued on March 23, 2020, came days 13 after Governor Whitmer declared a state of emergency across the state due to the coronavirus (COVID-19).

On March 23, 2020, Michigan Governor Gretchen Whitmer issued an Executive Order requiring all individuals currently living in the State of Michigan to stay home or at their place of residence, and prohibiting private gatherings of any number of people not part of a single household. The Order takes effect on March 24, 2020 at 12:01 a.m., and continues through April 13, 2020 at 11:59 p.m.

On December 18, 2019, the Michigan Supreme Court issued its long-awaited decision on whether the Michigan legislature’s strategy to enact two ballot proposals (one concerning paid sick leave and the other minimum wage) and then amend those proposals before their effective dates was consistent with the Michigan Constitution.1 After studying the arguments, the Michigan Supreme Court issued a splintered opinion with four of the seven justices writing separate opinions. The lead and controlling opinion held that the court lacks jurisdiction to issue the requested advisory opinion.

In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he tested positive for marijuana during a mandatory pre-employment drug test. Eplee v. City of Lansing, 2019 Mich. App. LEXIS 277 (Feb. 19, 2019). This is at least the second decision involving failed drug tests, medical marijuana, and the MMMA; both were decided in the employer’s favor.