Michigan Employment Law Advisor

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Latest from Michigan Employment Law Advisor

Federal Court Rules for Gov. Whitmer’s Administration and Upholds Testing Plan to Protect Michigan Agricultural, Food Processing Workers

August 24, 2020

One Big Thing in Michigan COVID-19 News: On August 21, 2020, U.S. Federal Court Judge Paul Maloney of the Western District Court for Michigan issued an order denying a motion for a preliminary injunction over the State of Michigan’s testing requirements for agricultural and food processing workers. What’s Next: This was a preliminary order for injunctive relief. So the lawsuit (Castillo v Whitmer, Case No. 1:20-cv-751) will theoretically continue. But as explained below, the Judge…

Michigan Employment Law Advisor

Union Sues to Compel OSHA to Issue Temporary Emergency Covid-19 Standard to Protect Workers

By Jason Shinn

May 18, 2020

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The AFL-CIO sued to require the Occupational Safety and Health Administration (OSHA) to issue an emergency temporary standard (ETS) to protect workers from the novel coronavirus. Why it Matters To date, OSHA has refused calls from lawmakers and Union leaders to issue a temporary emergency standard in response to the Covid-19 pandemic. If successful, all U.S. workplaces subject to OSHA rules will be required to develop workplace safety plans to safeguard workers against the risk…

Michigan Employment Law Advisor

It’s Back to Business, but not as Usual for Some Michigan Employers Navigating New Coronavirus Workplace Rules

By Jason Shinn

May 6, 2020

May 7, 2020, marks the re-opening in Michigan of the construction industry and other business segments from a broad stay-in-place order. Specifically, Governor Whitmer has begun to relax her prior stay-in-place order, allowing the resumption of some types of work. Such work is expected to present a lower risk of infection and spread as Michigan continues to deal with high numbers of confirmed COVID-19 cases and deaths. The most recent data shows Michigan has over 45,000…

Michigan Employment Law Advisor

Employer Sued for Violating Michigan Coronavirus Stay-Home Order

By Jason Shinn

April 30, 2020

A Michigan woman sued her former employer for allegedly violating the Governor’s Executive Stay Home, Stay Safe” orders. This suit was filed in Michigan Circuit court on April 15, 2020. The former employee also filed a claim of retaliation with the Michigan Occupational Safety and Health Administration (MIOSHA). Why it Matters Michigan, like most states, is an “at-will” employment state. This means an employee can generally be terminated for any reason or no reason. But…

Michigan Employment Law Advisor

Reduction in Michigan Confirmed Coronavirus Cases and Return to Work Guidance – Caution Still Needed

By Jason Shinn

April 13, 2020

Michigan reported a reduction of confirmed coronavirus cases over the weekend. But the State cautioned the reduction may be attributed to low testing over holiday weekend rather than an actual reduction in cases. Here’s the statement from the Michigan Department of Health and Human Services (MDHHS): Although a reduced number of COVID-19 cases are being reported today, 645 cases compared to 1,392 reported on April 11, and deaths, 95 compared to 111 on April 11,…

Michigan Employment Law Advisor

Michigan Extends and Modifies its Stay at Home Order through April 30

By Jason Shinn

April 9, 2020

On April 9, 2020, Michigan Governor Whitmer, extended the State’s March 23, 2020 “Stay Home, Stay Safe” order. It was set to expire on April 13, 2020, but it will now extend through April 30 and goes into effect tonight at 11:59 PM. Continued Limits on Employers and Employees Consistent with the prior order, the extension (Executive Order 2020-42) places limits on gatherings, travel, and all workers who are not necessary to sustain…

Michigan Employment Law Advisor

Michigan Announces Lock-Down Order in Response to Rising Coronavirus Cases

By Jason Shinn

March 23, 2020

Today (3/23/2020), Michigan’s Governor issued an executive order (No. 2020-21) for the temporary suspension of activities in Michigan not deemed “necessary to sustain or protect life.” This order goes into effect on March 24, 2020, at 12:00 AM and continues until April 13, 2020, at 11:59 PM. A full copy is available here. The Order imposes numerous restrictions on both personal and commercial activities. As to commercial activities, all work that is not “necessary…

Michigan Employment Law Advisor

Michigan and Federal Coronavirus Update – Are You Ready for an 18-Month Pandemic Response?

By Jason Shinn

March 17, 2020

Michigan first reported two confirmed cases of coronavirus on March 10, 2020. One week later, that number has jumped to 54. The State plans to update its confirmed cases daily at 2 PM at its coronavirus website. This website is a great resource. On March 16, 2020, Gov. Whitmore signed an executive order temporarily closing bars, theaters, casinos and other public spaces. The order limits restaurants to delivery and carry out orders only.…

Michigan Employment Law Advisor

Federal Agency Provides Roadmap for States to Extend Unemployment Benefits to Employees Affected by Coronavirus Pandemic

By Jason Shinn

March 13, 2020

The Department of Labor (DOL) announced guidance on March 12, 2020, for how States can pay unemployment insurance benefits to employees who miss work because of the coronavirus. Here is the DOL’s COVID-19 Bulletin. The Federal DOL generally oversees unemployment insurance benefits systems. But States actually handle applications and payments. In so doing, States also generally determine eligibility requirements for such benefits. Because of this overlap between Federal and State agencies, the DOL’s guidance…

Michigan Employment Law Advisor

Coronavirus Restrictions Implemented at Michigan U.S. District Court for the Eastern District

By Jason Shinn

March 12, 2020

The U.S. District Court for the Eastern District of Michigan announced on March 11, 2020, visitor restrictions for entering its five courthouses to prevent the spread of the virus. The full restrictions are available here. These restrictions were issued in response to Governor Whitmer’s State of Emergency, which we discussed here. In sum, the current restrictions require visitors to tell Security Officers if they meet certain criteria, including whether they: Have traveled to…

Michigan Employment Law Advisor

Leading Insight & Analysis of Employment Law Matters

Blog Authors

Federal Court Rules for Gov. Whitmer’s Administration and Upholds Testing Plan to Protect Michigan Agricultural, Food Processing Workers

Union Sues to Compel OSHA to Issue Temporary Emergency Covid-19 Standard to Protect Workers

It’s Back to Business, but not as Usual for Some Michigan Employers Navigating New Coronavirus Workplace Rules

Employer Sued for Violating Michigan Coronavirus Stay-Home Order

Reduction in Michigan Confirmed Coronavirus Cases and Return to Work Guidance – Caution Still Needed

Michigan Extends and Modifies its Stay at Home Order through April 30

Michigan Announces Lock-Down Order in Response to Rising Coronavirus Cases

Michigan and Federal Coronavirus Update – Are You Ready for an 18-Month Pandemic Response?

Federal Agency Provides Roadmap for States to Extend Unemployment Benefits to Employees Affected by Coronavirus Pandemic

Coronavirus Restrictions Implemented at Michigan U.S. District Court for the Eastern District

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