A Letter from Mary E. Corrado Regarding Executive Order 2020-42 - American Society of Employers - Mary E. Corrado

EverythingPeople this week!

EverythingPeople gives valuable insight into the developments both inside and outside the HR position.

Latest Articles

A Letter from Mary E. Corrado Regarding Executive Order 2020-42

Governor Whitmer has extended the “Stay Home, Stay Safe” order through April 30th.

Executive Order 2020-42 rescinds the Executive Order 2020-21 shelter at home that went into effect March 24, 2020 until April 13, 2020.  EO 2020-46 takes effect on April 9, 2020 at 11:59 p.m. and continues through April 30, 2020 at 11:59 p.m.

The order as it applies to business operations specifically states that:

  • It must be construed broadly to prohibit in-person work that is not necessary to sustain or protect life.
  • No person or entity shall operate a business or conduct operations that require workers to leave their homes or places of residence except to the extent that those workers are necessary to sustain or protect life or to conduct minimum basic operations.

o   For purposes of this order, workers who are necessary to sustain or protect life are defined as “critical infrastructure workers,” and

o   For purposes of this order, workers who are necessary to conduct minimum basic operations are those whose in-person presence is strictly necessary to allow the business or operation to maintain the value of inventory and equipment, care for animals, ensure security, process transactions (including payroll and employee benefits), or facilitate the ability of other workers to work remotely.

  • Businesses and operations must determine which of their workers are necessary to conduct minimum basic operations or are critical infrastructure employees. Employees must be informed of their designation and follow these guidelines:

o   Businesses and operations must make such designations in writing, whether by electronic message, public website, or other appropriate means.

o   Workers need not carry copies of their designations when they leave the home or place of residence for work.

  • Any in-person work necessary to conduct minimum basic operations must be performed consistently with the social distancing practices and other mitigation measures.
  • In-person activities that are not necessary to sustain or protect life must be suspended until normal operations resume.

The order also specifically states that businesses, operations, and government agencies that continue in-person work must adhere to sound social distancing practices and measures, which include but are not limited to:

  • Developing 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. Such plans must be available at company headquarters or the worksite.
  • Restricting the number of workers present on premises to no more than is strictly necessary to perform the business’s, operation’s, or government agency’s critical infrastructure functions or its minimum basic operations.
  • Promoting remote work to the fullest extent possible.
  • Keeping workers and patrons who are on premises at least six feet from one another to the maximum extent possible.
  • Increasing standards of facility cleaning and disinfection to limit worker and patron exposure to COVID-19, as well as adopting protocols to clean and disinfect in the event of a positive COVID-19 case in the workplace.
  • Adopting policies to prevent workers from entering the premises if they display respiratory symptoms or have had contact with a person with a confirmed diagnosis of COVID-19.
  • Any other social distancing practices and mitigation measures recommended by the CDC.

Again, for purposes of this order, “critical infrastructure workers” are those workers described in the U.S. Cybersecurity and Infrastructure Security Agency guidance issued 3/19/20, including certain workers in each of the following sectors:

  • Health care and public health
  • Law enforcement, public safety, and first responders
  • Food and agriculture
  •  Energy
  • Water and wastewater
  • Transportation and logistics
  • Public works
  • Communications and information technology, including news media
  •  Other community-based government operations and essential functions
  • Critical manufacturing
  • Hazardous materials
  • Financial services
  • Chemical supply chains and safety
  • Defense industrial base

 

Additionally, “critical infrastructure workers” will include:

  • Childcare workers (including workers at disaster relief childcare centers), but only to the extent necessary to serve the children or dependents of critical infrastructure workers as defined in this order. This category includes individuals (whether licensed or not) who have arranged to care for the children or dependents of critical infrastructure workers.
  • Workers who perform critical labor union functions, including those who administer health and welfare funds and those who monitor the well-being and safety of union members who are critical infrastructure workers, provided that any administration or monitoring should be done by telephone or remotely where possible.

The order also added distribution center employees as critical infrastructure workers:

  • Any suppliers, distribution centers, or service providers whose continued operation is necessary to enable, support, or facilitate the necessary work of suppliers, distribution centers, or service providers may designate their workers as critical infrastructure workers, provided that only those workers whose in-person presence is necessary to enable, support, or facilitate such work may be so designated. 
  • Consistent with the scope of work permitted, any suppliers, distribution centers, or service providers further down the supply chain whose continued operation is necessary to enable, support, or facilitate the necessary work of other suppliers, distribution centers, or service providers may likewise designate their workers as critical infrastructure workers, provided that only those workers whose in-person presence is necessary to enable, support, or facilitate such work may be so designated.

For more information on EO 2020-42, click here.

The state has provided the following guidance when making decisions on employees:

Work Share
If employers are financially distressed but hope to continue operations by cutting back hours and are applying for the Paycheck Protection Program Loan, they are encouraged to use the Unemployment Insurance Agency’s Work Share program that allows employers to maintain employment levels and business operations during declines in regular business activity rather than laying off workers. Employees may be eligible for some sort of underemployment, even those who are at higher pay, as long as the program meets the guidelines of no more than 45% and no less than 15% reduction in worktime.

More information about the program can be found at www.michigan.gov/workshare.

Temporary Leave vs. Termination
With the continuation of the shelter at home, for employers who may have no choice but to lay off workers, it is recommended that the worker be temporarily laid off from work available within 120 days as opposed to termination. There is no additional cost to employers, employees remain eligible for UI benefits through the state, and employees will be eligible for the additional $600 per week through the CARES Act.

Steps for employers placing employees on temporary unpaid leave:

  • Do not terminate the employee – specify a temporary/indefinite leave with return to work expected that is within 120 days.
  • Do not create a contractual obligation to bring the employee back to work – Let the employee know that the situation is fluid and subject to change.
  • Provide the employee with a formal Unemployment Compensation Notice. Employers will need to provide their Employer Account Number and Federal Identification Number.  
  • Communicate to the employee about their rights. Under Governor Whitmer’s recent Executive Order, workers who are placed on leave, or are unable to work because they are sick, quarantined, immunocompromised, or have an unanticipated family care responsibility, are eligible for unemployment insurance benefits.
  • Ensure employers are provided information on how to obtain unemployment insurance benefits. A factsheet can be found here.
  • Get each employee’s up-to-date contact information.
  • Let employees know if you will be putting updated information on the entity’s website or intranet, if applicable.
  • Appoint a single, or limited number of individuals who will field questions, and communicate that information to employees.
  • Keep a tally of all questions and answers.  Periodically share with employees.


If an employee is placed on temporary layoff and refuses to return, UIA has been recommending that employers protest the unemployment through the Michigan Web Account Manager (MiWAM).  The employer should document and provide the following: the recall notice, the reason for recall, and the mitigation factors they have taken to reduce the risk of COVID-19 at the workplace.  The protest will be adjudicated.   

Elimination of Certain Unemployment Costs to Employers
Under the governor’s order, an employer or employing unit must not be charged for unemployment benefits if their employees become unemployed because of an executive order requiring them to close or limit operations. 

In addition, the Michigan Economic Development Corporation’s (MEDC) call center stands ready to support businesses looking for assistance through other available state programs. For more information, visit MEDC’s website: www.michiganbusiness.org or call 888.522.0103.  The Michigan Small Business Development Center can also provide resources for small businesses impacted by COVID-19. Visit their website https://sbdcmichigan.org/small-business-covid19/  for additional information.

Information around this outbreak is changing rapidly. The latest information is available at Michigan.gov/Coronavirus and CDC.gov/Coronavirus. Please also refer to ASE’s Coronavirus Resources page for daily updates.

ASE will continue to monitor legislative updates related to the pandemic.  Our team is working hard to make sure we provide you with timely information that allows you to make the best decisions for your employees and your business. As always, please don’t hesitate to reach out if I or the ASE team can be of assistance.

Sincerely,

Mary E. Corrado
President & CEO
ASE

Filter:

Filter by Authors

Position your organization to THRIVE.

Become a Member Today