On Your Radar: New COVID Orders, Liability Protection and Unemployment
MDHHS Issues COVID Orders — and Helpful Resources
The Michigan Department of Health and Human Services (MDHHS) stepped into the gap made by the Supreme Court when it ruled that Governor Whitmer had no authority to issue or renew executive orders relating to Covid-19 beyond April 30. By law, the MDHHS Director may prohibit the gathering of people and establish procedures to be followed during a epidemic to insure continuation of essential public health services and enforcement of health laws. To this end, DHHS issued pandemic-related orders that address face coverings and gatherings, and place limitations on certain businesses. MDHHS also released an easy-to-understand infographic and fact sheet. The orders are effective immediately and remain in effect through Friday, Oct. 30.
COVID Liability Protection Package on it’s Way to Governor
A package of bills that provide legal immunity to businesses, nonprofits, and others passed the Michigan Legislature very early on October 14 and was moved on for signature by the Governor. This legislation will help limit COVID-related lawsuits for those who are in compliance with federal and state statutes and regulations related to COVID-19 and provide employees protection against employer retaliation. A summary of the legislation from the Small Business Association of Michigan is available here. This protection was much needed however it only applies to businesses/persons who act in compliance with all federal, state, and local statutes, rules, regulations, executive orders, and agency orders related to COVID-19.
Unemployment
Also sent to the Governor’s office this week was legislation addressing the provisions laid out in Executive Order 2020–72 that had also been rendered invalid by the Supreme Court’s ruling on the Governor’s authority. According to the Michigan Chamber of Commerce, the legislation continues “non-charging” employers for COVID-19 related UI benefits, authorizes increased flexibility for employers participating in the WorkShare program and ensures individuals filing an initial state claim for UI benefits could receive up to 26 weeks of benefits.
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