With Executive Order No. 2020-110, Governor Whitmer has lifted the stay-at-home order and allowed most businesses in Michigan to reopen—at least to some extent. There are still several sectors that are ordered to stay closed to the public, including non-essential personal care services (hair, nail, massage, etc.), and the Executive Order contains several other restrictions imposed on specific industries. As your business considers whether it may reopen its operations (and to what extent) under the Executive Order, you should also consider the following three points:

1. Telework is still required where possible. Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must still be performed remotely. This means that while offices may reopen across the State, the Executive Order still requires employers to have any work that can be performed remotely to be done so.
2. All reopened businesses are subject to Executive Order No. 2020-97. Governor Whitmer has set forth extensive workplace safety requirements in Executive Order No. 2020-97, including some that apply to all businesses and others that are industry-specific. For example, make sure your business has your COVID-19 Preparedness and Response Plan in place as you reopen and implement all applicable requirements. Violations of Executive Order No. 2020-97 are considered violations of the Michigan Occupational Safety and Health Act, which carry significant penalties.
   
   
3. Make sure you check local regulations and administrative rules. Some businesses like public pools, libraries, and museums may be closed due to local regulation (rather than state). In addition, further guidance is forthcoming from state agencies on child day camps and public swimming pools. Other state agencies have been releasing guidelines on reopening and FAQs that are also helpful in planning your reopening.

If you have any questions about compliance, please contact Courtney Kissel (248-203-0743 or [email protected]) or Jason Hanselman (517-374-9181 or [email protected]).

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