Tala Dahbour, ICLE

On July 11, 2022, Governor Gretchen Whitmer signed three bills into law that repeal COVID-19-related protections for Michigan businesses, employers, and employees. This article provides a quick summary.

Matthew J. Franson, ICLE

The Michigan Court of Appeals held that plaintiff business owner was not entitled “just compensation” under the state and federal constitutions’ Takings Clauses due to Governor Whitmer’s executive orders shuttering businesses in response to COVID-19.

Lindsey A. DiCesare, ICLE

This article provides the latest CDC guidance on mask mandates based on community level of risk.

Matthew J. Franson, ICLE

Recent cases out of the Sixth Circuit and the Michigan Court of Appeals held that plaintiffs failed to establish that business losses as a result of COVID-19 caused direct physical loss or damage to covered property under their commercial policies. This article summarizes the issues.

Rebekah Page-Gourley, ICLE

In recent months, federal vaccine mandates have faced a number of lawsuits. This article provides a quick summary of the current status of legal challenges to the Occupational Safety and Health Administration (OSHA), Centers for Medicare and Medicaid Services, and federal contractor and employee mandates.

Stephanie H. Grant and Norbert F. Kugele, Warner Norcross + Judd

Individuals who purchase over-the-counter (OTC) COVID-19 diagnostic tests for personal use during the public health emergency will be able to seek reimbursement from their health plan. This article provides some highlights of the FAQs issued regarding this new policy.

Rebekah Page-Gourley, ICLE

On November 12, 2021, the Fifth Circuit issued an opinion reaffirming its stay on the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard (ETS) for workplace vaccine or testing mandates. On November 16, 2021, the United States Judicial Panel on Multidistrict Litigation randomly selected the Sixth Circuit to hear all of the OSHA ETS consolidated petitions.

Jonathan P. Kok and Allyson Ruth Terpsma, Warner Norcross + Judd LLP

The Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard requiring COVID-19 vaccinations or weekly testing for all workers at companies with 100 or more employees.

Gaëtan Gerville-Réache, Warner Norcross + Judd LLP

A new final rule was issued by the Small Business Administration (SBA) addressing the procedures for borrowers of a Paycheck Protection Program (PPP) loan to appeal the final SBA PPP loan review decisions to the Officer of Hearings and Appeals.

Rebekah Page-Gourley, ICLE

On June 22, 2021, the same day that the last broad Michigan Department of Health and Human Services Gatherings and Face Mask Order expired pursuant to the Rescission of Emergency Orders, the Michigan Occupational Safety and Health Administration filed new emergency rules effective through December 22, 2021. The updated rules supersede the emergency rules issued on May 24, 2021, and no longer require Michigan employers to have a COVID-19 preparedness and response plan or to follow the previously outlined COVID-19 protocols for screenings, record keeping, sanitation, mask wearing, and distancing.

Max J. Newman, Butzel Long

The COVID-19 Bankruptcy Relief Extension Act of 2021 extends key COVID-19 bankruptcy relief provisions under the March 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) from their original March 27, 2021, sunset date to March 27, 2022.

Yezi (Amy) Yan, Varnum LLP

The American Rescue Plan Act of 2021, signed into law on March 11, will provide federal dollars through a wide range of channels, including individual stimulus checks, funds for state and local governments, COVID-19 testing and vaccines, education, small businesses, and anti-poverty programs, including three expanded tax credits. This article summarizes the key provisions.

Maureen Rouse-Ayoub, Varnum LLP

COVID-19 vaccines are being distributed and administered throughout the United States. While the Michigan Department of Health and Human Services (MDHHS) director has indicated that the agency is not considering a statewide coronavirus vaccine mandate, this article outlines a number of considerations for employers wondering whether—and when—their companies can take advantage of the vaccine.

Brendan G. Best, Varnum LLP

Under the Consolidated Appropriations Act of 2021 (the Act), Pub L No 116-260, 134 Stat 1182 (2020), many struggling but viable small businesses may be able to now file a Chapter 11 bankruptcy case, get four months of rent relief, and confirm a reorganization plan that allows payment of the arrearage over three to five years. This update summarizes the bankruptcy provisions of the Act.