Employment Updates: MIOSHA and Unemployment Benefits Matters

This past Friday, the Michigan Supreme Court ruled that Governor Whitmer had no legal authority to issue emergency executive orders in response to the COVID-19 pandemic after April 30, 2020. The Court’s Opinion analyzes the state of emergency that was declared under the Emergency Management Act (“EMA”) and the Emergency Powers of Governor Act (“EPGA”)….

Earlier this year, the Department of Labor’s (the Department) new rule interpreting the definition of “joint employer” under the Fair Labor Standards Act (FLSA) became final. The Rule was the product of the Department’s efforts to create a clear definition of who qualifies as a joint employer. The Rule requires a joint employer to actually…

In June, the United States Department of Labor (“DOL”) revised some of its Family and Medical Leave Act (“FMLA”) forms. While the DOL generally reserves form revisions for changes in the law, it appears these revisions were geared towards making the forms more understandable for employers and employees alike. The timeframes for providing employees with…

As we approach six months since Michigan schools were closed for the Spring and Michiganders were ordered to stay home due to the COVID-19 pandemic, we now face new questions about how parents and employers alike will handle the challenges of the 2020-2021 academic year. As of April 1, the Families First Coronavirus Response Act…

Last week, we told you about President Trump’s August 8 Memorandum (available here) directing the Treasury Department to defer payment of employee-side Social Security payroll taxes for employees making less than $4,000 (pre-tax) per bi-weekly pay period (roughly $104,000 annually). The deferral is slated to begin for any wages paid on or after September 1,…

On August 8, President Trump issued an Executive Order and three memoranda with the stated hope of reinvigorating the American economy despite Congress’s failure to strike a deal to relieve the economic impact of COVID-19. Two of the memoranda have potential impact on employers and employees alike.   Payroll Taxes           …

On August 27, 2020, Governor Whitmer issued Executive Order 2020-172, the seventh updated Workplace Safety Order. This guidance reaffirms that employers are prohibited from discharging, disciplining, or retaliating against employees who stay home when they or their close contacts are sick and clarifies what might trigger an employer to send an employee home from work—and…

On July 30, 2020, Governor Whitmer issued Executive Order 2020-161, the fifth updated Workplace Safety Order, which sets out further guidance and requirements for workplaces operations during the pandemic. Much of the Order reiterates prior guidance. New and updated requirements, though generally minor, are outlined below. UPDATED STATEWIDE MINIMUM WORKPLACE SAFETY REQUIREMENTS The Order reiterates…

On July 30, 2020, Governor Whitmer issued Executive Order 2020-160, the Amended Safe Start Order, further restricting indoor and outdoor gathering sizes, re-closing overnight camp, and requiring remote work when possible. However, the Order also re-opens previously closed sectors of the economy such as public pools, outdoor training, classes, and games. INDOOR AND OUTDOOR GATHERING…

On July 1, 2020, Governor Whitmer: 1) issued Executive Order 2020-143, which closes certain food service establishments for indoor service that are located in regions that are in Phase 4 of the Michigan Safe Start Plan; and 2) signed House Bill 5811, which allows certain retail liquor licensees to sell alcohol to go and for…

Michigan’s Work Share Program allows employers to temporarily reduce full-time employees’ hours as an alternative to layoffs and furloughs. The primary goal of the work share program is to reduce unemployment during times of economic downturn. Employers can benefit because a plan allows them to: Operate at reduced capacity and save money in wages during…

The North American Securities Administrators Association Franchise Project Group (“NASAA”) recently provided guidance for state regulators and franchisors reviewing a franchisor’s historical financial performance representation (“Historical FPR”) in Item 19 of the franchise disclosure document (“FDD”) during a time in which many businesses have been impacted by the COVID-19 global pandemic. Many franchise companies have…

Today, the Governor of Michigan issued Executive Orders 2020-91 and  2020-92, establishing new standards all employers who have employees doing on-site work must follow and allowing for the limited reopening of businesses in Michigan Economic Recovery Council Reporting Regions six and eight.   FSBR SUMMARY:   Executive Order 2020-91 includes requirements for all employers who have employees…

On May 8, Michigan Governor Gretchen Whitmer issued Executive Order 2020-77, extending and altering the Stay Home, Stay Safe guidelines until May 28, 2020 at 11:59 p.m.  MODERATE LIFT OF RESTRICTIONS ON CERTAIN BUSINESSES: The extended stay at home order is good news for manufacturers, as manufacturing activities were added to the list of resumed…

Michigan Governor Gretchen Whitmer issued Executive Order 2020-60, establishing new guidelines for food-selling establishments and pharmacies. Effective immediately and continuing through May 22, 2020, the Governor’s Executive Order requires food-selling establishments such as restaurants to implement additional procedures to protect customer and employee health, including requiring checkout employees to wear facial coverings and disinfect their hands…

Today, Michigan Governor Gretchen Whitmer issued Executive Order 2020-59, extending and altering the Stay Home, Stay Safe guidelines until May 15, 2020 at 11:59 p.m.  MODERATE LIFT OF RESTRICTIONS ON CERTAIN BUSINESSES: The extended stay at home order is good news for some businesses, as the following workers may be permitted to return to work:…

Today, Michigan Governor Gretchen Whitmer issued Executive Order 2020-42, extending and enhancing Stay Home, Stay Safe guidelines until April 30, 2020.  We encourage you to review it carefully for yourself, but here are a few important notes for all our employer and business clients! NEW REQUIREMENTS FOR WORK SITES THAT REMAIN OPEN Workplace Plans and…

While the country copes with the evolving obstacles associated with COVID-19, small businesses should be advised of both federal and state programs providing financial assistance. Both the state of Michigan and the federal government are offering low-interest loans. Most recently, the United States Senate passed the Coronavirus Aid, Relief, and Economic Security Act (the CARES…

In response to the growing threat posed by COVID-19, federal, state, and local governments have been forced to take drastic measures in the hopes of containing the virus’s effects both on public health and the economy. With ever-increasing pressure for employees, guests, and customers to stay home and practice social distancing, the strain on Michigan…

Michigan’s Paid Medical Leave Act (the “PMLA”) establishes eligible employees’ rights to accrue and use paid leave for personal and family medical needs. The Michigan Legislature enacted the PMLA to amend and (in part) replace prior initiated legislation on the same topic. Not all employers are subject to the Act’s paid medical leave requirements; and,…

Fast Facts: Many professional athletes are investigating franchising as professional careers beyond sports.  Franchise sales are transactions regulated by the Federal Trade Commission and various states.  Franchisors must provide a franchise disclosure document to prospective franchisees before the sale of a franchise. The 52nd Annual Convention of the International Franchise Association (IFA) held in February…

That new liquor license may come with something you didn't expect: The previous owner's tax burden. According to published reports, the story goes like this: A purchaser of a liquor license (specially designated distributor or SDD license selling beer, wine and liquor for consumption off the premises) purchased a liquor license that was being held…