May 16, 2022

Volume XII, Number 136


May 13, 2022

Subscribe to Latest Legal News and Analysis

Michigan Extends COVID-19 "Three-Week Pause" Order through December 20th

On December 7, 2020, the Michigan Department of Health and Human Services (MDHHS) issued the latest Gatherings and Face Mask Order. This new order effectively extends the gathering restrictions, the face mask mandate, and the contact tracing requirements in MDHHS' November 18 Order (scheduled to expire December 8) to December 20.

The December 7 Order made very few changes to the restrictions and requirements of the November 18 Order. The changes include:

  • A new definition of "indoor" to include:

    • any part of the space that is fully or partially enclosed on top and two adjacent sides; and

    • any part of the space more than 8 feet from an open side if the space is fully or partially enclosed on top and two nonadjacent sides.

  • Additional limited exceptions to the gathering restrictions, including:

    • Gatherings to provide in-person instruction at "closed-campus boarding schools," subject to decisions as to remote learning by local health departments and school districts. A closed-campus boarding school is a boarding school (as defined in the MCL380.3(4)) where: (a) at least 90% of students reside on campus and are prohibited from traveling off campus during the term; (b) the campus is closed to visitors; and (c) all staff and students who travel to and from the campus are regularly tested for COVID-19;

    • Gatherings to provide technical education services at trade and career schools, to the extent the activities cannot be completed remotely;

    • Gatherings to deliver career and technical education services at public and nonpublic schools for grades 9-12, to the extent necessary to complete requirements for a recognized postsecondary credential and if the activities cannot be completed remotely;

    • Proctored, nationally administered admissions and certification examinations not available remotely;

    • Cardiopulmonary resuscitation and swimming instruction courses; and

    • Gatherings at ice skating rinks for individual exercise or one-on-one instruction with limited occupancy of up to 20 persons per 1,000 square feet; and

    • Gatherings for open skating at outdoor rinks.

  • Closure of indoor dining at retail stores, libraries and museums, including food courts.

The MDHHS also provided additional guidance, including FAQs, an infographic summarizing what is open and not open, and Social Gathering Guidance along with its December 7 Order.

© 2022 Miller, Canfield, Paddock and Stone PLC National Law Review, Volume X, Number 343

About this Author

Thomas Appleman Foreign Investment Lawyer Miller Canfield Law Firm

Thomas G. Appleman focuses his practice on inbound and outbound foreign direct investment and multi-national cross-border mergers, acquisitions and joint venture transactions.

He also helps U.S. clients take their products and services into the global marketplace by expanding their operations into Europe, China, India, Mexico, Brazil, South Korea and countries with emerging markets including Pakistan and Slovakia, and represents foreign businesses in establishing operations and joint ventures in North America.

With his colleagues, Tom helps clients...

Nhan Ho Employment Lawyer Miller Canfield Law Firm

Nhan Ho's practice concentrates on employment discrimination, leave rights, and wage and hour litigation and disputes. She regularly counsels employers on their policies and practices to address specific challenges in the workplace. Nhan was previously an intern for the U.S. District Court for the Eastern District of Michigan. 

    Brian Schwartz Employment Attorney Miller Canfield Law Firm

    Brian Schwartz represents management in various aspects of labor and employment counseling and litigation.

    His practice focuses on defending single-plaintiff and class-action lawsuits involving retiree health benefit disputes, employment discrimination (race, gender, and disability discrimination), harassment, and retaliation claims, as well as wage and hour claims, FMLA claims, ERISA disputes, Title IX claims, Freedom of Information Act and due process lawsuits. He also counsels employers on drafting enforceable non-competition, non-solicitation and confidentiality...