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Designating necessary and critical infrastructure workers in Michigan

May 2020 employment law letter
Authors: 
Melissa Tetreau, Bodman PLC

If your business continues to conduct in-person operations in Michigan during the stay-at-home order issued by Governor Gretchen Whitmer, you need to operate in good-faith compliance with the order and the Cybersecurity and Infrastructure Security Agency’s March 19 guidance. This means, in large part, that your working employees must be designated in good faith as critical infrastructure workers or workers necessary to maintain minimum basic operations. A willful failure to properly designate workers is a violation of the order and a misdemeanor offense.

Designate critical infrastructure workers

Critical infrastructure workers may continue in-person operations and are defined as “workers who are necessary to sustain or protect life.” This includes, but is not limited to, healthcare, energy, transportation and logistics, and financial services workers. A business employing critical infrastructure workers is permitted by the order to designate suppliers, distribution centers, or service providers whose continued on-site employment is necessary for maintaining operations.

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