Provide non-medical grade face coverings to their employees, with supplies of N95 masks and surgical masks reserved, for now, for health care professionals, first responders (e.g., police officers, fire fighters, paramedics), and other critical workers. Acting under the Michigan Constitution of 1963 and Michigan law, I order the following: Given under my hand and the Great Seal of the State of Michigan. If patrons are expected to disinfect, post signs encouraging patrons to disinfect equipment. This resulted in a new, diverse pool of … Executive Order 2020-109, which establishes temporary safety measures for food-selling establishments and pharmacies, does not terminate until the end of the states of emergency and disaster declared in Executive Order 2020-99 or the end of any subsequently declared states of disaster or emergency arising out of the COVID-19 pandemic, whichever comes later. On May 21, 2020, the Court of Claims ruled that Executive Order 2020-67 is a valid exercise of authority under the Emergency Powers of the Governor Act but that Executive Order 2020-68 is not a valid exercise of authority under the Emergency Management Act. Potential benefits to employers: • Keep the workforce healthy by preventing employees from getting COVID-19 • Reduce absences due to illness • Reduce time missed from work to get vaccinated • Improve productivity • Improve morale Potential benefits to employees: We cannot become your lawyers or represent you in any way unless (1) we know that doing so would not create a conflict of interest with any of the clients we represent, and (2) satisfactory arrangements have been made with us for representation. We are now in the process of gradually resuming in-person work and activities. Keep everyone on the worksite premises at least six feet from one another to the maximum extent possible, including through the use of ground markings, signs, and physical barriers, as appropriate to the worksite. If you are sick with COVID-19, you may be entitled to sick pay from your employer. Notify employees if the employer learns that an individual (including an employee, customer, or supplier) with a confirmed case of COVID-19 has visited the store. Require employees and customers to wear a face covering at all times, except that customers may temporarily remove a face covering when receiving a service that requires its removal. Install physical barriers at checkout or other service points that require interaction, including plexiglass barriers, tape markers, or tables, as appropriate. This post provides an overview of an employer’s WARN Act obligations in the event a COVID-19-related closure or reduction in force. New federal laws are in effect to protect your rights in the workplace, during the pandemic. Any challenge to penalties imposed by a department or agency for violating any of the rules described in sections 1 through 14 of this order will proceed through the same administrative review process as any challenge to a penalty imposed by the department or agency for a violation of its rules. On March 10, 2020, the Department of Health and Human Services identified the first two presumptive-positive cases of COVID-19 in Michigan. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. Regularly clean and disinfect public areas, locker rooms, and restrooms. Close self-serve food or drink options, such as buffets, salad bars, and drink stations. Employment attorney answers job questions amid stay-home order in Michigan. Suspend all non-essential in-person visits, including tours. The Families First Coronavirus Response Act -- The requirement that employers provide paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act (FFCRA) expired on Dec. 31, 2020. Michigan COVID-19 Volunteer Hub. Reduce class sizes, as necessary, to enable at least six feet of separation between individuals. If you have questions about wage and hour issues, the FLSA, the FMLA, OSHA, unemployment compensation, and the new Families First Coronavirus Response Act, or similar issues, please contact the U.S. Department of Labor, www.dol.gov. All businesses or operations that require their employees to leave the homes or residences for work must, at a minimum: Develop a COVID-19 preparedness and response plan, consistent with recommendations in Guidance on Preparing Workplaces for COVID-19, developed by the Occupational Health and Safety Administration (“OSHA”) and available. Establish an enhanced cleaning and sanitizing protocol for high-touch areas like restrooms, credit-card machines, keypads, counters, shopping carts, and other surfaces. These provisions will apply from April 1, 2020 … An employer will allow employees with a confirmed or suspected case of COVID-19 to return to the workplace only after they are no longer infectious according to the latest guidelines from the Centers for Disease Control and Prevention (“CDC”) and they are released from any quarantine or isolation by the local public health department. Post signs about the importance of personal hygiene. THE AMERICAN WITH DISABILITIES ACT (ADA) The ADA, which protects applicants and employees … Install physical barriers, such as sneeze guards and partitions at cash registers, where maintaining physical distance of six feet is difficult. Such cleaning may occur overnight. Create dedicated entry point(s) at every facility for daily screening as provided in sub-provision (a) of this section, and ensure physical barriers are in place to prevent anyone from bypassing the screening. Since then, the virus spread across Michigan, bringing deaths in the thousands, confirmed cases in the tens of thousands, and deep disruption to this state’s economy, homes, and educational, civic, social, and religious institutions. Your employer does not have to pay you when you cannot come to work because you are sick with COVID-19, unless it is part of your contract of employment. Employers must maintain a record of the requirements set forth in Sections 1(c), (d), and (k). Establish lines to regulate entry in accordance with subsection (c) of this section, with markings for patrons to enable them to stand at least six feet apart from one another while waiting. Ensure there are sufficient hand-washing or hand-sanitizing stations at the worksite to enable easy access by employees, and discontinue use of hand dryers. On April 1, 2020, in response to the widespread and severe health, economic, and social harms posed by the COVID-19 pandemic, I issued Executive Order 2020-33. On April 3, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-36, which, effectively immediately, prohibits Michigan employers from discharging, disciplining or otherwise retaliating against an employee who misses work for certain specified periods of time because he or she: (i) has tested positive for COVID-19; and/or (ii) is in “close contact” with either an individual who tests … This depends on your contract of employment. Notify contractors (if a subcontractor) or owners (if a contractor) of any confirmed COVID-19 cases among employees at the worksite. Ogletree Deakins’ Interactive COVID-19 Litigation Tracker highlights the industries impacted, locations, and types of claims in these matters. NOTE: The EEOC's materials only address COVID-19 as it impacts the anti-discrimination laws enforced by the EEOC. However, employers may debit the time off from the employee’s accrued leave banks. Limit the number of people per square feet of floor space permitted in a particular laboratory at one time. COVID-19/Coronavirus, Employment Law, Michigan, State Developments. There is explicitly no private cause of action created by the executive order, but employees are encouraged to file a complaint with the Michigan Occupational Safety and Health Administration. Frequently disinfect high-touch surfaces during events or, as necessary, throughout the day. Require employees to self-report to plant leaders as soon as possible after developing symptoms of COVID-19. Restrict business-related travel for employees to essential travel only. Establish a clear reporting process for any symptomatic individual or any individual with a confirmed case of COVID-19, including the notification of lab leaders and the maintenance of a central log. Routes by which the virus causing COVID-19 is transmitted from person to person. On May 22, 2020, I issued Executive Order 2020-99, again finding that the COVID-19 pandemic constitutes a disaster and emergency throughout the State of Michigan. Increase introduction and circulation of outdoor air as much as possible by opening windows and doors, using fans, or other methods. Provide and require the use of personal protective equipment such as gloves, goggles, face shields, and face coverings, as appropriate for the activity being performed. Discontinue all self-service refreshments. Maintain accurate records, including date and time of event, name of attendee(s), and contact information, to aid with contact tracing. Intro. Require face coverings to be worn when employees cannot consistently maintain six feet of separation from other individuals in the workplace, and consider face shields when employees cannot consistently maintain three feet of separation from other individuals in the workplace. Ensure that ventilation systems operate properly. Provide visual indicators of appropriate spacing for employees outside the building in case of congestion. The new laws provide a significant reward for an employer's compliance: insulation from COVID-19–related liability—including tort claims and claims under the Michigan Occupational Safety and Health Act of 1974 (MIOSHA)—as long as the employer was implementing all safeguards legally required at the time of the incident giving rise to the claim. Within 24 hours, notify any co-workers, contractors, or suppliers who may have come into contact with the person with a confirmed case of COVID-19. Suspend all non-essential in-person visitors (including undergraduate students) until further notice. This executive order falls within the scope of those powers and duties, and to the extent the governor may declare a state of emergency and a state of disaster under the Emergency Management Act when emergency and disaster conditions exist yet the legislature has not granted an extension request, they too provide a sufficient legal basis for this order. Ensure there are sufficient hand-washing or hand-sanitizing stations at the worksite to enable easy access by employees. In Executive Orders 2020-42, 2020-59, 2020-70, 2020-77, 2020-92, and 2020-96, I extended that initial order, modifying its scope as needed and appropriate to match the ever-changing circumstances presented by this pandemic. The use of personal protective equipment, including the proper steps for putting it on and taking it off. This order expanded on Executive Order 2020-4 and declared both a state of emergency and a state of disaster across the State of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, and the Emergency Powers of the Governor Act of 1945. The new COVID-19 Stimulus Package, part of the Consolidated Appropriations Act, 2021, which was signed into law on December 27, 2020, provides for the following: The Families First Coronavirus Relief Act (“FFCRA”) payroll tax credits for certain employers were extended until March 31, 2021. (1) An employee who tests positive for COVID-19 or displays the principal symptoms of COVID-19 shall not report to work until all of the following conditions are met: (a) If the employee has a fever, 24 hours have passed since the fever has stopped without the use of fever- Create at least two hours per week of dedicated shopping time for vulnerable populations, which for purposes of this order are people over 60, pregnant women, and those with chronic conditions, including but not limited to heart disease, diabetes, and lung disease. All businesses or operations that provide in-home services, including cleaners, repair persons, painters, and the like, must: Require their employees (or, if a sole-owned business, the business owner) to perform a daily health screening prior to going to the job site. Within 24 hours, notify any co-workers, contractors, or suppliers who may have come into contact with the person with a confirmed case of COVID-19. But we can and must do more: no one should feel unsafe at work. The act also provides up to two weeks of paid sick leave at partial pay, up to a specified cap, when an employee is unable to work because of a need to care for an individual subject to a federal, state or local quarantine order related to COVID-19.

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