Michigan Governor Announces State Will Open to Full Capacity June 22

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In a tremendous move toward pre-pandemic standards, Governor Whitmer announced that beginning June 22, 2021 nearly all COVID related orders will be lifted and Michigan will resume all activities. Capacity in both indoor and outdoor settings will increase to 100% and the state will no longer require residents to wear a face mask. The move includes the rescission of several emergency orders, including the gatherings and face mask order, which was previously expected to expire a week later on July 1, 2021. Other rescinded orders relate to juvenile justice facilities, safe housing for the homeless, and mandatory testing for Michigan’s Department of Health and Human Services hospitals and centers.

It remains to be seen how the rescission of the face coverings and other orders will impact employers, particularly as the Michigan Occupational Safety and Health Administration’s (MIOSHA) work place safety rules (discussed in this prior article) appear unaffected by the rescission order and MIOSHA has yet to announce if it will change the current rules. Employers should remember that even with the rescission of these orders, Michigan’s COVID-19 Employment Rights law, MCL 419.401 et. al, is still enforceable and protects employees from retaliation.

Notably, other orders will remain in effect to protect vulnerable populations in correctional facilities, long-term care settings, and agriculture.

We will continue to update you as new guidance is released.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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