Insight into Michigan “Stay in Place” Order

After further consultation with officials in Governor Gretchen Whitmer’s Administration regarding Executive Order 2020-21 which goes into place at midnight, MMA is sharing informal guidance with members regarding compliance with the order.

Members should note that Michigan’s order is more stringent than other states that have issued “stay in place” orders to date.  The Administration has confirmed that the strict approach is intentional in recognition of the need to “flatten the curve” of infections in Michigan because the state’s infection rate is exceeding other state models.

The Administration recognizes that there will be many questions about compliance and has set up a Frequently Asked Questions page to help with employers questions.  They have indicated that they expect employers to use their best judgement and good faith reasoning in determining if your company’s activities meet the spirit of the law, which is to only create exceptions to the extent that your work is “necessary to sustain or protect life” within the context of the U.S. Department of Homeland Security Cybersecurity & Infrastructure Security Agency’s guidance.

Officials within the Administration are stating that they intend to be reasonable in their implementation of the order and that the 7-day window before the 3/31/20 11:59 pm date for establishing critical infrastructure designations allows for some flexibility in determining if your company’s operations would be exempt from the general order prohibiting operations that require workers to leave their homes.

MMA will continue to be in daily contact with Governor Whitmer and her Administration.  Please send your questions about the order to MMA’s Government Affairs team, at committees@mimfg.org, and watch for more updates from MMA and refer to MMA’s COVID-19 Resources for additional information.