- Safe Start Order: This includes remote working, the practice of social distancing and mask wearing, and restrictions on certain venues, gatherings, and organized sports.
- Workplace Safety Order: This includes special regulations for employees that must work outside of the home and requires things like employer safety plans and protocols, use of face coverings, increased cleaning and disinfecting, reporting of cases, as well as industry-specific guidelines.
Detroit Regional Chamber > Business Resources > COVID-19 > Miller Canfield On What’s Next For The Governor’s Emergency Powers
Miller Canfield On What’s Next For The Governor’s Emergency Powers
June 29, 2022
There is a lot of confusion following the Michigan Supreme Court’s Oct. 2 ruling that Gov. Whitmer exceeded her authority in extending the state of emergency orders beyond April 30 to combat the COVID-19 pandemic. Despite the court’s decision, businesses and employers will continue to have legal obligations to provide a safe working environment for their employees, customers, and visitors. They also should continue to implement and follow safety policies, practices, and procedures in accordance with public health guidelines and local ordinances.
Miller Canfield experts, Corporate Group co-leader Tom Appleman, and labor and employment attornies Nhan Ho and Kamil Robakiewicz addressed how employers need to proceed in mitigating the spread of COVID-19 and how the ruling impacts safety requirements and liability.
Perhaps the most confusing element of this decision is timing. Robakiewicz shared that this decision was unusual because it was not an appeal from state courts and most Supreme Court Decisions are. Instead, there is a pending federal court case to determine whether statutes that give the governor power to declare emergencies apply, are constitutional, etc.
What we know now is that Gov. Whitmer is taking the position that her executive orders are still in place but will no longer be enforceable by the end of the month. However, Attorney General Dana Nessel stated that she would not enforce the orders. At this time, it is unclear when the Supreme Court ruling will officially go into effect.
Though timing and enforcement are still in question, several of the Governor’s key executive orders are impacted by the Supreme Court’s decision including: