On June 1, 2020, Governor Whitmer issued Executive Order 2020-110 (“Order”). The Order is effective immediately with certain provisions effective on June 4 and June 8. The Order rescinds Executive Order 2020-92, the latest version of the stay safe, stay at home order.
The Order makes the following changes:
Ready for Next Phase: On May 7, the Governor introduced the MI Safe Start Plan. The plan contains six phases of COVID-19 recovery with Phase 1 representing uncontrolled growth of the disease and Phase 6 representing a post pandemic period. The issue of Executive Order 2020-110 represents a determination that new cases are declining, that the healthcare system’s capacity has improved, that testing is more available and that Phase 4 of the plan may be implemented.
Stay Home Order Lifted: Individuals are no longer restricted to their homes but work must continue to be performed remotely to the extent possible.
Open for Business: Retail may re-open June 4. Restaurants and bars may re-open June 8. Libraries and museums open June 8. All businesses operations will be subject to social distancing and the precautionary safety requirements as provided in Executive Order 2020-97.
Close Quarter Businesses Must Remain Closed: Theaters, fitness centers, hair salons, casinos and similar businesses involving close contact among patrons must remain closed for now.
Face Coverings/ Social Distancing Still Required: Face coverings must be worn in public buildings and social distancing still must be observed to reduce the continuing risk of infection to the greatest extent possible. Face coverings may be removed to eat or drink while seated at a restaurant or bar.
Small Indoor Gatherings: Indoor social gatherings are not exceeding ten people are permitted.
Parks and Recreation: Outdoor parks may be open subject to social distancing. Areas that cannot accommodate social distancing must be closed. Swimming pools and children’s day camps may open June 8. Swimming pools must be limited to 50% normal capacity. Overnight camps remain closed.
Limited Outdoor Events: Outdoor social events and venues are permitted if limited to less than 100 people. People that are not members of the same household must observe social distancing.
Take It Outside: Outdoor fitness classes are permitted subject to social distancing. Equipment and supplies are subject to increased cleaning requirements.
No Mask, No Service: Michigan businesses are permitted to deny entry to public buildings to individuals refusing to wear a face covering. Businesses are protected from legal liability for denied entry.
Businesses Operations must Stay Safe – Executive Order 2020-97
Executive Order 2020-42, 59, 70, 77 each added required precautionary measures for business operation. Executive Order 2020-97 consolidates all measures to protect workers in Michigan and applies to business operations going forward. The order provides varying requirements for specific businesses including construction, manufacturing, office, retail and food service. These requirements include daily protocols for screening, dedicated entry points, shift rotations, employee training, staggered meal-times, cleaning procedures, hand washing stations and infection reporting protocols. The Order rescinds the stay at home order but makes clear that the requirements of Executive Order 2020-97 remain in full effect.
Mark C. Knoth
chairs the firm’s Labor, Employment, Employee Benefits & ERISA Practice Group. He counsels and advises business owners, managers and human resources professionals on workplace issues. These include civil rights and anti-discrimination laws; employee discipline; wage and hour; overtime; employee leaves; reasonable accommodations; veterans issues; picketing; secondary boycotts; reductions in force; drug testing; unemployment compensation; affirmative action; and union organizing campaigns, among other matters. He additionally drafts employee policies, handbooks, contracts, and covenants not to compete, and investigates threats of violence, allegations of harassment, and other employee misconduct.
Liam K. Healy
focuses his practice on helping clients maintain compliance with the myriad of state and federal tax laws and regulations that govern individuals and businesses. A particular focus of Liam’s practice is in the area of employee benefits and ERISA. Liam specializes in designing pension and executive compensation plans to benefit business owners and executives. His practice includes drafting and reviewing deferred compensation agreements, severance agreements and non-compete agreements, representing employers in multi-employer plan collection and withdrawal liability matters.
Olivia V. Hankinson counsels and advises business owners, managers and human resources professionals on various labor and employment related issues. These often involve concerns which may implicate employment laws including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Fair Labor Standards Act, the Michigan Persons with Disabilities Civil Rights Act, the Family and Medical Leave Act, the National Labor Relations Act, and the Michigan Occupational Safety and Health Act. Olivia represents employers with respect to unemployment insurance hearings, MIOSHA violation allegations, EEOC investigations, and other employment law matters. She also drafts employee handbooks, employment agreements, restrictive covenants, and various other employment policies.
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