History of Michigan Response and Resources

October 2, the Michigan Supreme Court (MSC) issued an opinion (4 - 3 decision) seemingly overturning the 1945 Emergency Powers of Governor Act. The Governor has relied on this law to extend the state of emergency powers past her initial period of implementation. The Court opined that the Governor’s power should have lasted only 28 days, which would have ended on April 30, 2020. The Michigan Supreme Court, in responding to a question asked by a federal court about the executive orders in front of it (not ruled),  that the 1945 law unconstitutionally delegated too much of the Legislature’s power to the Executive branch.  

This directly impacts the Governor’s executive orders imposed on businesses since April 30th. Though still being debated, it seems Friday’s MSC opinion does not take effect for (arguably) 21 days. This means her executive orders “retain the force of law” until 10/23/2020.  Following both the opinion and the Governor’s statement, Michigan’s Attorney General stated she would no longer pursue enforcement of the executive orders at this time but would start pursuing enforcement of the new DHHS orders.

September 25, Governor Whitmer rescinded Executive Order 2020-175 and replaced it with Executive Order 2020-184.

September 3, Governor Gretchen Whitmer released Executive Order 2020-175 - Safeguards to protect Michigan’s workers from COVID-19 - Rescission of Executive Order 2020-161 and Executive Order 2020-176 - Safe Start - Rescission of Executive Orders 2020-160 and 2020-162.  EO 175 expands safety protocols around public pools (Section -14 ) and adds bowling alleys, roller rinks, and ice rinks to Sec 13 (sports and exercise facilities).  EO 176  allows gyms and indoor pools to open.

On August 27, Governor Gretchen Whitmer released Executive Order 2020-172, entitled “Protecting workers who stay home, stay safe when they or their close contacts are sick,” which replaces Executive Order 2020-166.  This EO updates EO 2020-166 in two regards:

• An employee’s symptoms could be explained by other medical conditions, which should not prevent an employee from reporting to work.
• An employee should not be required to stay home simply because they display one of the more innocuous symptoms of COVID-19 on its own.

July 29, Governor Whitmer issued Executive Orders 2020-160 Amended Safe Start Order and 2020-161 Safeguards to protect Michigan's workers from COVID-19 ( both now rescinded).  EO 2020-160 has made a change to its language on its remote work requirements.  The section reads:  1. Remote work. Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely.  Previously this section had used the word “should.”  EO 2020-161 still contains the language that employers should “promote remote work to the fullest extent possible.”  It is unclear whether workers who have returned to the office must return home to work because of the change to EO 2020-160.

July 10 Governor Whitmer issued Executive Order 2020-147, which requires individuals to wear a face covering in indoor public spaces and in crowded outdoor spaces. The order further requires any business that is open to the public to refuse entry or service to people who refuse to wear a face covering, with limited exceptions.  These exceptions include:

• Children younger than five years old, though children two years old and older are strongly encouraged to wear a face covering, pursuant to guidance from the Centers for Disease Control and Prevention (“CDC”)
• Those who cannot medically tolerate a face covering
• Patrons eating or drinking while seated at a food service establishment
• Those who are exercising - when wearing a face covering would interfere in the activity

All businesses that are open to the public are required to post signs at entrance(s) instructing customers of their legal obligation to wear a face covering while inside. Discrimination protections are extended to anyone wearing a face mask. 

Willful violations of this order are a $500 misdemeanor.

In the wake of increasing COVID-19 numbers in the state and 138 new cases tied to an East Lansing bar, Governor Gretchen Whitmer ordered bars in much of the Lower Peninsula to limit service to outdoors as of 11:00 p.m. on July 1st.  Regions 6 and 8, which include 17 counties in the northern Lower Peninsula and the Upper Peninsula, are excluded from Executive Order 2020-143.

In an effort to help reopening businesses safely reengage in the economy, the MI Symptoms Web Application is a cost-free way for employers to comply with Executive Order 2020-97 and implement a COVID-19 symptoms screening questionnaire for employees.

There is now a dashboard at https://www.mistartmap.info with COVID-19 data on each Michigan region.  MI Safe Start Map is a dashboard designed to monitor the status of COVID-19 indicators across the state of Michigan. The dashboard tracks and displays the current risk phase of Michigan regions and counties due to COVID-19. 

The Michigan Occupational Safety and Health Administration (MIOSHA) within the Dept. of Labor and Economic Opportunity (LEO) launched a new online COVID-19 Workplace Safety site – Michigan.gov/COVIDWorkplaceSafety – the site provides guidance and a toolkit of resources to keep workplaces safe as sectors of the state’s economy reopen. 

June 5 Governor Whitmer issued Executive Orders 2020-114 and 2020-115.  Executive Order 2020-114 issues guidelines for reopening for all businesses or operations that require their employees to leave their home for work. Businesses must provide COVID-19 training to employees, develop a COVID-19 response plan, develop a self-screening protocol for employees, and keep employees 6 feet apart when possible or require them to wear masks when they can’t.  Tools available for these guidelines include ASE’s COVID-19 Response Plan Template and the state of Michigan’s symptom screener app.

Executive Order 2020-115 allows Regions 6 and 8 to move to Stage 5 of the Michigan Safe Start Plan as of June 10. Gyms, hair salons, indoor theaters, tattoo parlors, and similar establishments will be permitted to reopen, subject to strict workplace safeguards and social distancing guidelines. Indoor social gatherings and organized events of up to 50 people will be allowed, as will outdoor social gatherings and organized events of up to 250 people. 

Region 6 includes the following counties: Manistee, Wexford, Missaukee, Roscommon, Benzie, Grand Traverse, Kalkaska, Crawford, Leelanau, Antrim, Otsego, Montmorency, Alpena, Charlevoix, Cheboygan, Presque Isle, and Emmet.  Region 8 includes the following counties: Gogebic, Ontonagon, Houghton, Keweenaw, Iron, Baraga, Dickinson, Marquette, Menominee, Delta, Alger, Schoolcraft, Luce, Mackinac, and Chippewa.

May 21 Governor Whitmer rescinded Executive Order 2020-91 and replaced it with Executive Order 2020-97.  The new Executive Order continues the requirements of Executive Order 2020-91 and  also requires that employees with a confirmed or suspected case of COVID-19 can only return to the workplace after they are no longer infectious as directed by the Centers for Disease Control and Prevention (CDC).  Further, the Executive Order requires that employers follow Executive Order 2020-36, and any executive orders that follow it, that prohibit discharging, disciplining, or otherwise retaliating against employees who stay home or who leave work when they are at particular risk of infecting others with COVID-19.  

The Michigan Small Business Relief Program was approved and authorizes the MEDC to provide up to $20 million in support for small businesses. The funding is divided between $10 million in small business grants and $10 million in small business loans to support businesses facing drastic reductions in cash flow and the continued support of their workforce.  The $10 million in grant funding will be provided to local or nonprofit economic development organizations throughout the state to provide grants up to $10,000 each to support certain small businesses that have realized a significant financial hardship as a result of the COVID-19 virus.  Learn more here.