AGG Talks: Background Screening - Redaction of Identifiers by the Courts in Michigan and California Pose Challenges for Background Checks
Suspense builds as the end of the Michigan Supreme Court’s 2023-2024 term approaches quickly, with scores of argued appeals still unresolved. The 40 appeals that remain undecided reveal interesting trends in the court’s...more
On Tuesday, April 13, 2021, Michigan Governor Gretchen Whitmer signed a certificate of need authorizing an extension of the Michigan Occupational Safety and Health Administration (“MIOSHA”) COVID-19 Emergency Rules (the...more
As previously reported, on October 2, 2020, the Michigan Supreme Court invalidated post-April 30, 2020 Executive Orders that Governor Whitmer issued related to the COVID-19 pandemic. The opinion can be found here. As a...more
On Sunday November 15th, Michigan Governor Gretchen Whitmer announced an extensive set of new restrictions aimed at slowing the spread of COVID-19 in the state. The Gatherings and Face Mask Order (the “Order”), issued by...more
As the COVID-19 pandemic continues into the winter months, the legal landscape for employers trying to navigate COVID related requirements grows ever more complicated and challenging. Employers are faced with a long list of...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
In the aftermath of the Michigan Supreme Court’s recent ruling that Governor Whitmer did not have legal authority to issue her Executive Orders, the Michigan Legislature and the Governor’s office have reached an agreement on...more
Recently, the Michigan Supreme Court held that Governor Gretchen Whitmer lacked the authority to issue or renew executive orders relating to COVID-19 beyond April 30, 2020. After the Michigan Supreme Court issued its ruling,...more
The Michigan Occupational Safety and Health Administration (MIOSHA) has issued emergency health and safety rules aimed at controlling, preventing, and mitigating the spread of COVID-19. The emergency rules, which Governor...more
This update highlights key changes occurring between October 10 and October 16, 2020 with respect to the State of Michigan’s governmental COVID-19 response. It additionally analyzes the likely impacts these changes will have...more
On October 16, 2020, Governor Whitmer signed SB 1108 amending the Open Meetings Act (“OMA”) to allow meetings of public bodies to be held electronically or with remote participation, at least through December 31, 2020. The...more
Are Michigan’s Enhanced Price Gouging Provisions Undone? As much of the country remains under various and often overlapping states of emergency, one Governor’s powers have been limited by a state supreme court. On October...more
A recent ruling by the Michigan Supreme Court nullifying hundreds of emergency orders by Michigan Governor Gretchen Whitmer may have profound implications for those mortgage loans closed in reliance on the expanded remote...more
On October 9, 2020, the Director of the Michigan Department of Health and Human Services issued an emergency order reinstating some, but not all, of the restrictions contained in Governor Whitmer's COVID-19 emergency orders...more
This 27th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us start with a discussion of a trend toward class actions, with later discussions on two key areas -- insurance coverage disputes and...more
As reported previously, on October 2, 2020 the Michigan Supreme Court invalidated legal authorities relied upon by Governor Gretchen Whitmer to unilaterally extend or declare emergencies in relation to the COVID-19 pandemic....more
Michigan Department of Health and Human Services Issues Emergency Order - On Friday, October 2, 2020, the Michigan Supreme Court issued an opinion invalidating the majority of Governor Whitmer’s executive orders issued after...more
Seyfarth Synopsis: The Michigan Supreme Court recently ruled that Michigan Governor Whitmer lacked the authority to declare a “state of emergency” or a “state of disaster” beyond April 30, 2020, and that the authority...more
The Michigan Supreme Court issued a bombshell opinion last Friday invalidating all of Governor Whitmer’s executive orders since April 30, 2020, including those covering workplace safety standards, unemployment benefits, and...more
On Friday, October 2, 2020, the Michigan Supreme Court, in a 4-3 opinion, invalidated Michigan Governor Gretchen Whitmer’s COVID-19 executive orders, finding the Governor did not have the authority to issue executive orders...more
The Supreme Court’s decision does not mean that businesses and individuals in Michigan may return to pre-COVID-19 behavior or ignore Executive Order standards which have an independent legal basis. Employers, businesses, and...more
Since March 2020, Michigan Governor Gretchen Whitmer has relied on the Emergency Powers of the Governor Act of 1945 (EPGA) and the Emergency Management Act (EMA) as authorities for her ability to declare and extend the...more
On Friday, October 2, 2020, the Michigan Supreme Court released its long-awaited opinion In re Certified Questions from the United States District Court, Western District of Michigan, Southern Division; Midwest Institute of...more
On October 2, 2020, the Michigan Supreme Court issued a landmark opinion (the “Opinion”) limiting Governor Gretchen Whitmer’s authority to issue and renew executive orders relating to the COVID-19 pandemic. The Court...more