March 23, 2020
Emergency Webinar Announcement
Due to the ambiguity of Governor Whitmer's Executive Order, ABC SEMI is seeking clarification. In order to provide our members the most up to date information and answers to the questions you may have, we have scheduled an emergency webinar explaining the impact of the Governor’s new order for  Tuesday, March 24 at 3:00pm EST.  
MI Under a Stay-at-Home Order beginning at Midnight
To suppress the spread of COVID-19, to prevent the state’s health care system from being overwhelmed, to allow time for the production of critical test kits, ventilators, and personal protective equipment, and to avoid needless deaths, it is reasonable and necessary to direct residents to remain at home or in their place of residence to the maximum extent feasible.
This order takes effect on March 24, 2020 at 12:01 am, and continues through April 13, 2020 at 11:59 pm.

  ABC urges you to vote YES on this critical amendment and will consider this a “KEY VOTE” for our scorecard on the 116th Congress. 
U.S. Treasury to Help Advance Funds to
Employers for Paid Sick Leave
Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response

This information is updated daily at 2 p.m. with COVID-19 results as of 10 a.m. To view overall totals click on the cumulative data button below.
Department of Labor Guidance
Could COVID-19 cause a work related injury?
The ABC Southeastern Chapter has been closely monitoring the impact of the Coronavirus (COVID-19) and the impact to our industry. Our self-insured workers’ compensation fund (ABC Fund) has been involved in communicating with its members on preparing for the impact to employee safety and how to handle questions related to workplace claims.
Over 480 ABC contractors are participating in the ABC Fund and during this unprecedented period, the fund’s online safety resources are now being extended to all contractor members of the association. For fund members, a fully staffed team of loss control professionals that know your industry will work directly with you on all areas of your safety program. This outreach support will be provided by phone, Email, on-line videos and through web-based training.

The Workers’ Compensation Act excludes claims that are attributed to an “ordinary disease of life.” An ordinary disease of life in one in which the public could be generally exposed to outside of their employment. In addition, Coronavirus is not “characteristic of and peculiar to the business” of any employer. As a result, your fund’s legal defense team does not believe a claim would be deemed compensable. However, some industries such as health care, may be impacted differently. If you are uncertain whether to file a claim, feel free to contact your claim team to review.
Contact Steve Storey at , (517) 664-2742
Barnes & Thornburg Here for You – Now More Than Ever
As the global health crisis worsens, we are engaged in helping clients across virtually all practice areas and legal services to help with the operational, regulatory, legal and government concerns that may arise while evaluating business continuity issues during these uncertain times.

The COVID-19 crisis is creating daily developments that challenge your business platform. You need immediate answers to urgent questions and Barnes & Thornburg is here for you on these and other coronavirus-related issues. 
The Coronavirus continues to present new questions and growing concerns for our businesses, families, and communities. The legal staff at Butzel Long is working around the clock to stay informed and up to date on information impacting your day-to-day world. We are committed to providing you with meaningful, useful, and timely information in an efficient and seamless fashion. In order to best achieve this goal, we have created the  Butzel Long Coronavirus (COVID-19) Resource Center . This centralized portal houses all of the substantive content our attorneys are preparing and publishing. The portal will offer client alerts, legal checklists, webinar participation opportunities, and other meaningful resources as they become available. Please feel free to reach out to us with any questions, concerns, or requests for legal services as they arise. Our goal is always to serve our clients and communities as best we can, and we hope you will find this resource of value.

Wednesday, March 25, 2020
9:00 am - 10:00 am
As we head into the second week of the COVID-19 national emergency, ABC is working to ensure that our construction businesses are protected during this national crisis. Also, please visit these ABC resource pages to find updates on federal legislation, state and local actions, and agency guidance on issues related to the coronavirus.

Please also see the attached letter from ABC to President Trump highlighting the important role of construction during this crisis and reach out if you have any questions or concerns.


On Sunday night and again this afternoon, Senate Democrats blocked a procedural motion to continue to the bill that would carry the Senate's Phase Three CARES Act legislation. Attached is a current summary of the emergency relief bill and a letter that ABC sent Senators in support of the CARES Act. The bill would provide approximately $350 billion in small business interruption loans and contains tax provisions to delay payments and assist businesses through this crisis. 

U.S. Treasury Secretary Steve Mnuchin, who negotiated the Phase Two deal with Speaker Pelosi last week, continues to work with Senate Minority Leader Chuck Schumer on a deal and Senate Majority Leader has committed to remaining in session until a deal is passed. Speaker Pelosi has also proposed her own, 1000+ page bill to address the crisis, though many see it is an unserious proposal and are hoping to modify the Senate legislation for passage.

Many Democrats have publicly stated support for including provisions in the bill that would limit executive compensation, prevent stock buybacks, ensure employee retention, beef up transparency measures, and check the wide discretion of Treasury Secretary in the legislation. Expanding leave and sick time benefits have also been a common refrain from Democrats as negotiations continue.

Families First Coronavirus Response Act:
Last Wednesday, the President signed into law H.R. 6201, the Families First Coronavirus Response Act. ABC was joined by a number of organizations in a letter to the Senate (attached) expressing concerns with the bill’s mandated leave provisions and ABC also sent a key vote letter (attached) in support of a Sen. Ron Johnson (R-Wisc.) amendment to replace the mandated leave requirements with unemployment insurance capped at $1000 a week. Unfortunately, the Senate set a 60 vote threshold on amendments to the bill and the Johnson amendment failed by a vote of  50-48 .  

While the House was required to issue technical corrections to the bill they passed over the weekend, the bill would require businesses with 500  and fewer  employees to provide up to 12 weeks of paid leave. An overview of the bill’s employer paid leave requirements from the House Ways and Means Committee can be found  here  and a Littler explainer  here .

OSHA Recording and Reporting of Cases of COVID-19
Many employers are now asking whether they must record cases of COVID-19 on their Occupational Safety and Health Administration 300 Logs or report the cases to OSHA. ABC is aware of concerns expressed by ABC members on this issue. 

As a member of the Construction Industry Safety Coalition, ABC sent a letter to OSHA today regarding the agency’s recordkeeping and respirator enforcement during the COVID-19 outbreak. Please refer to the attached letter.
ABC general counsel Littler Mendelson P.C. has written an article that covers the following questions:
  • Is COVID-19 Considered an “Illness” Under OSHA’s Recordkeeping Rules?
  • When Is a COVID-19 Case Considered Recordable?
  • When Is a COVID-19 Case Reportable?
Read the Littler analysis   here .

Additional information can be found on the  OSHA webpage .

See also ABC’s  Coronavirus Update  webpage.

Staff will continue to work with OSHA and provide future updates.