State Executive Orders & Related Regulatory Guidance

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Executive Orders and How They Affect Credit Unions

Executive Order 2020-166

Executive Order 2020-166 seeks to protect workers who stay home, stay safe when they or their close contacts are sick; rescinds 2020-36.

Paragraph 1 (a-c): Employers shall not discharge, discipline or otherwise retaliate against employees for staying home when he or she is at particular risk of infecting others with COVID-19.
- Subsection (a) creates the prohibition against discharging, disciplining or otherwise retaliating against employees (as described in sections 2 or 3) for staying home from work for periods of time (as described in section 2 or 3).
- Subsection (b) states that if an employee stays home when they or their close contacts are sick this must be treated by the employer as if the employee is taking medical leave under the Paid Medical Leave Act (2018 PA 338, as amended, MCL 408.961 et seq).
  - If the employee has no paid leave, then the leave may be unpaid. Employers are permitted but not required to debit any hours that an employee stays home from work from the employee’s accrued leave. The length of leave is not limited by the amount of leave the employee has accrued under (MCL 408.963) and must extend, whether paid or unpaid as long as the employee remains away from work within the periods described in section 2 or 3 of this order.
- Subsection (c) nothing in this Executive Order prevents an employer from discharging or disciplining an employee if (1) the employee is allowed to return to work and declines to do so; (2) with the employees consent (ie asks to be discharged); or (3) for any other reason that is not unlawful.
Paragraph 2: All individuals who test positive for COVID-19 or who display one or more of the principal symptoms of COVID-19 should remain in their home or place of residence (subject to exceptions in section 5) until the following three items are met (1) 24 hours have passed since they have had a fever without the use of fever reducing medications. (2) 10 days have passed since their symptoms first appeared or since they were swabbed for the test that yielded the positive result and (3) other symptoms have improved.
Paragraph 3: Any and all people who have had close contact with an individual who tests positive for COVID-19 or with an individual who displays one or more of the principal symptoms of COVID-19 (subject to exceptions in section 5) should remain in their home or place of residence until either 14 days have passed since the last close contact with the sick or symptomatic individual or the individual displaying COVID-19 symptoms receives a negative COVID-19 test.
Paragraph 5: An individual described in sections 2 or 3 of this order who voluntarily returns to work shall not be entitled to the protections against discharge, discipline, or retaliation provided under section 1 of this order.
Paragraph 7 (a): The principal symptoms of COVID-19 are fever, sore throat, a new uncontrolled cough that causes difficulty breathing, diarrhea, vomiting, abdominal pain, new onset of a severe headache, a new loss of taste or smell.
Paragraph 7 (c): Close contact means being within six feet of an individual for fifteen minutes.
Paragraph 8: Nothing in this order shall be taken to create a private right of action against an employer for failing to comply with section 1 of this order or against an individual for acting contrary to the public policies of sections 2, 3, 5, or 6 of this order.
Paragraph 10: This order is effective immediately.

For the full text of this Executive Order, please visit this link.

Executive Order 2020-165

Executive Order 2020-165 declares a state of emergency and state of disaster related to the COVID-19 pandemic; rescinds Executive Order 2020-151.

Paragraph 3: This order is effective immediately and continues through Sept. 4, 2020 at 11:59 pm.
Paragraph 4: Executive Order 2020-151 is rescinded. All previous orders that rested on this order now rest on this order.

For the full text of this Executive Order, please visit this link.

Executive Order 2020—161

Executive Order 2020—161 creates safeguards to protect Michigan’s workers from COVID-19; rescinds Executive Order 2020—145. Some of the key takeaways from this order are below.

Paragraph 1: Provides requirements placed on businesses or operations that require employees to leave their homes to perform their jobs. Key takeaways from this paragraph are below:
- (a): Develop a COVID-19 preparedness and response plan that is consistent with the recommendations developed by the Occupational Health and Safety Administration (OSHA) linked here. Within two weeks of resuming in-person activities, a business’s or operation’s plan must be made readily available to employees, labor unions, and customers, via their website, internal network or hard copy.
- (b): Designate one or more worksite supervisors to implement, monitor and report on the COVID-19 control strategies developed under subsection (a). The supervisor must remain on-site at all times when employees are present on site.
- (c): Provide COVID-19 training for employees which at a minimum covers: (1) workplace infection-control practices; (2) The proper use of PPE; (3) steps employees must take to notify employer of any symptoms they have related to COVID-19 or if they have a confirmed COVID-19 diagnosis; and (4) how to report unsafe working conditions.
- (f): Conduct daily entry screenings on employees. This at a minimum should be a questionnaire covering symptoms and potential or confirmed exposure to someone with COVID-19.
- (g): Keep employees and everyone on the premises at least six feet apart to the maximum extent possible. This should be done through the use of ground markings, signs, and physical barriers where appropriate in the workplace.
- (h), (i) & (i): Provide non-medical-grade face coverings to employees and require that they be worn by employees who cannot maintain six feet of separation from others. Require face coverings in shared spaces, including during in-person meetings and in restrooms and hallways.
- (k): Increase facility cleaning and disinfection to limit exposure to COVID-19.
- (l): Adopt protocols to clean and disinfect the facility in the event of a positive COVID-19 case in the workplace.
- (n): When an employee is identified as having a confirmed case of COVID-19 within 24 hours, the employer must notify both the local public health department and any coworkers, contractors or supplies who may have come into contact with the infected employee.
- (p): Employers must follow Executive Order 2020—36, and any other executive orders that follow it, that prohibit discharging, disciplining, or otherwise retaliating against employees who stay home or who leave work when they are at particular risk of infecting others with COVID-19.
- (q): Establish a response plan for dealing with confirmed infection in the workplace.
- (t): Promote remote work to the fullest extent possible. Even though credit unions/credit union employees have been deemed essential workers under prior Executive Orders, credit unions should continue to have their employees who can perform their jobs remotely do so. If an employee must leave their home to perform their job this is permitted however, this should be limited to employees who cannot perform their job duties remotely.
- (u): Adopt any additional infection-control measures that are reasonable in light of the work performed at the worksite and the rate of infection in the surrounding community.
Paragraph 7: Provides a list of what offices must do under this order to ensure a safe workplace for employees and patrons.
- (a): Assign dedicated entry point(s) for all employees to reduce congestion at the main entrance.
- (d): Increasing distancing between employees by spreading out workspaces, staggering workspace usage, restricting non-essential common space, providing visual cues to guide movement and activity.
- (e): Prohibit social gatherings and meetings that do not allow for social distancing or that create unnecessary movement through the office. Use virtual meetings whenever possible.
- (f): Provide disinfecting supplies and require employees wipe down their workstations at least twice daily.
- (h): Disinfect high-touch surfaces in offices and minimize shared items when possible.
- (i): Institute cleaning and communications protocols when employees are sent home with symptoms.
- (j): Notify employees if the employer learns that an individual (including a customer, supplier, or visitor) with a confirmed case of COVID-19 has visited the office.
- (m): Suspend all nonessential visitors.
Paragraph 17: Employers must maintain a record of the requirements set forth in Sections 1(c) (training), (d) (screening protocol), and (k) (required notifications).
Paragraph 18: Executive Order 2020—145 is rescinded.
Paragraph 20: Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.

For the full text of this Executive Order, please visit this link.

Executive Order 2020—160

Executive Order 2020—160 amends the safe start order and rescinds Executive Orders 2020—110, 2020—115, 2020—120, 2020—133, and 2020—143. Some of the key takeaways from this order are below.

Paragraph 1: States that any work that can be performed remotely must be performed remotely.
Paragraph 2: Any workplace that requires that their employees leave their home or place of residence to perform their job duties must adhere to the safeguards put in place under Executive Order 2020—161 (or any subsequent order).
Paragraph 3: Any individual who leaves his or her home or place of residence for any reason must adhere to social distancing measures as recommended by the Center for Disease Control and Prevention (“CDC”) and must follow the mask guidelines as outlined in Executive Order 2020—153.
Paragraph 7(a)(1-4): Any social gathering or organized event where the attendees are not from the same household must adhere to strict social distancing guidelines. Indoor events must not exceed 10 people who are not part of the same household and outdoor events must not exceed 100 people.
Paragraph 7(b): Subsection (a) of paragraph 7 does not apply to incidental gatherings of persons in a shared space including a workplace. This section would not allow for in-person board meetings of more than 10 people (unless board members are from the same household).
Paragraph 15: This order goes into effect at 12:01 a.m. on July 31, 2020. At that time, Executive orders 2020—110, 2020—115, 2020—120, 2020—133, and 2020—143 are rescinded.
Paragraph 17: Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.

For the full text of this Executive Order, please visit this link. Answers to frequently asked questions pertaining to this Executive Order can be found here.

Executive Order 2020-158 encourages the use of electronic signatures and remote notarization, witnessing, and visitation during the COVID-19 pandemic; rescinds 2020-131. A couple of key takeaways from this order are below:

Paragraph 1 & 2: Suspends some of the rules and procedures in place under the Uniform Electronic Transactions Act (UETA) and the Uniform Real Property Electronic Recording Act (URPERA.) These paragraphs provide for electronic signatures to replace the need for physical signatures unless the law specifically mandates a physical signature. Also states that, if a law requires a signature, an electronic signature satisfies the law.
Paragraph 3: Suspends the requirement in the Michigan Law on Notarial Act that a person must be in the physical presence of a notary. It also suspends the in-person witnessing requirement.
Paragraph 4 (a): Encourages government agencies and officials to use and/or permit the use of electronic records. This would include the register of deeds office.
Paragraph 4 (b): Encourages persons and entities engaged in transactions to use electronic records and electronic signatures and, when a notarized signature is mandated by law, to use a remote electronic notary pursuant to Michigan Law (MCL 55.261 et seq.).
Paragraph 5: A notarial act that is required under Michigan law may be performed by a notary who holds a current valid notary commission in the state through the utilization of two-way real-time audiovisual technology provided a number of conditions are met (outlined in (a)-(h).
Paragraph 6: In-person witness attestations can e done via the two-way real-time audiovisual technology as well as long as all conditions under this Executive Order are met (outlined in (a)-(h)).
Paragraph 9: Removes the in-person requirements as it pertains to individuals, witnesses and the notary to the extent that the parties can communicate via two-way real-time audiovisual technology and the notary can see and hear both the individual and witness(es) at the same time.
Paragraph 10: Requires that financial institutions and registers of deeds not refuse to record a tangible copy of an electronic record on the ground that it does not bear the original signature of a person, witness or notary as long as the tangible copy is an accurate copy of the electronic record.
Paragraph 14: This order is effective immediately and continues through August 31, 2020 at 11:59 pm.

For the full text of this Executive Order, please visit this link.

Executive Order 2020—153

Executive Order 2020—153 pertains to mask usage in public spaces; rescinds 2020—147. Some of the key takeaways from this order are below:

Paragraph 1(a): Any individual who leaves their home or place of residence must wear a face covering over their nose and mouth. Credit unions must require that any individual who enters their indoor public space is wearing a mask unless a medical condition/reason would keep them from doing so (Children 5 and under are excluded from this requirement Section 2(a)).
Paragraph 2 (f): The requirement to wear a face covering does not apply to individuals who are entering a business or receiving a service and are asked to temporarily remove a face covering for identification purposes. This section allows credit unions to ask their members to temporarily remove their masks for security/identification purposes.
Paragraph 3(a)& (b): To protect workers, shoppers, and the community, no business that is open to the public may provide service to a customer or allow a customer to enter its premises, unless the customer is wearing a face covering as required by this order. Business that are open to the public must post signs at entrance(s) instructing customers of their legal obligation to wear a face covering while inside. A department or agency that learns that a licensee is in violation of this section will consider whether the public health, safety or welfare requires temporary suspension of the business’s license to operate under section 92 of the Administrative Procedures Act of 1969, 1969 PA 306, as amended, MCL 24.292(2).
Paragraph 3(c): A business may not assume that someone who enters the business without a face covering falls in one of the exceptions specified in section 2 of this order, including the exception for individuals who cannot medically tolerate a face covering. A business may, however, accept a customer’s verbal representation that they are not wearing a face covering because they fall within a specified exception.
Paragraph 7: This order takes effect immediately and Executive order 2020—147 is rescinded. This order also rescinds: (a) The portions of Executive Orders 2020—110 and 2020—115 pertaining to face coverings; and (b) Section 16 of Executive order 2020—110 and section 12 of Executive order 2020—115, but only to the extent they provide that failure to comply with the requirement to wear a face covering is not a misdemeanor.
Paragraph 8: Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor, but no term of confinement may be imposed for a violation of section 1 of this order.

For the full text of this Executive Order, please visit this link.

Executive Order 2020—151

Executive Order 2020—151 declares a state of emergency and state of disaster related to the COVID-19 pandemic through August 11, 2020 at 11:59 p.m. and rescinds 2020—127.

For the full text of this Executive Order, please visit this link.

Executive Order 2020-134

Executive Order 2020-134 creates an eviction diversion program for COVID-19 related debtors; rescinds Executive Order 2020-118 on July 16 at 12:01 a.m.

Paragraph 1: Temporarily extends Executive Order 2020-118 and allows it to remain in effect until July 15, 2020 at 11:59 p.m.
Paragraph 2: Defines “COVID-19 housing debt” as a money debt resulting at least in part from a breach of a residential lease, residential executory contract or residential mortgage due to failure to make a required payment during a state of emergency or state of disaster arising out of the COVID-19 pandemic.
Paragraph 3: A conditional dismissal of a claim based on COVID-19 housing debt may provide for the Eviction Diversion Program or any similar relief fund established at the county or municipal level to satisfy up to 90% of the amount due to the plaintiff. This can be done via a lump sum rental payment and is subject to availability of funds.
Paragraph 4: Eligibility for rental assistance payments under section 3 will be based on tenant income and household size. Households up to 100% of area median income (AMI), calculated based on income during the period for which assistance is sought, will be eligible for rental assistance, with a target of half of the funds reserved for households earning less than 50% of AMI.
Paragraph 5: The Department of Labor and Economic Opportunity (LEO) will issue grants to Housing Assessment and Resources Agencies (HARAs) to administer the Eviction Diversion Program. HARAs are responsible for making rental assistance payments under section 3 of their order, consistent with the eligibility criteria in section 4 and relevant LEO guidance. The Eviction Diversion Program refers to the rental assistance program funded by section 506 of Enrolled Senate Bill 690 of 2020.

For the full text of this Executive order, please visit this link.

Executive Order 2020-118

Executive Order 2020-118 temporarily prohibits entry to premises for the purpose of removing or excluding a tenant or mobile home owner from their home; rescinds 2020-85.

Paragraph 1: Extends out the timeline for which a tenant, lessee or vendee may not be removed from a residential home amid the COVID-19 pandemic until June 30, 2020 at 11:59 p.m. The only exception to this provision is if the person poses a substantial risk to another person or an imminent and severe risk to property.
Paragraph 3: During this time, however, the tenant, lessee or vendee is still under the obligation to pay under a lease or executory contract. Effective immediately and continuing until June 30, 2020 at 11:59 p.m., any service of a demand for payment may not be made by personal delivery.
Paragraph 5: A sheriff, under-sheriff or constable, deputy or any other officer must not serve process requiring forfeiture of leased residential premises or residential premises held under a forfeited executory contract through June 30, 2020 at 11:59 p.m.
Paragraph 6: Extends out the timeline for which a mobile home owner must not be denied access to their home amid the COVID-19 pandemic until June 30, 2020 at 11:59 p.m. The only exception to this provision is if the person poses a substantial risk to another person or an imminent and severe risk to property.
Paragraph 7: For a period of 30 days following the June 30, 2020 at 11:59 p.m. timeline, any statutory limits on the court of this state to adjourn any proceedings, toll any redemption periods or limitation periods or extend any deadlines are suspended.
Paragraph 10: A willful violation of this order is a misdemeanor.

For the full text of this Executive Order, please visit this link.

Executive Order 2020—78

Executive Order 2020—78 temporarily extends the validity of driver’s licenses, state identification cards and certain vehicle registrations; rescinds 2020-47.

Paragraph 1: Individuals must make an effort to complete vehicle registration or license renewal online via the Michigan SOS website during the declared states of emergency and disaster.
Paragraph 2-3: Extends the validity of driver’s licenses, state identification cards and certain vehicle registrations that are set to expire between February 1, 2020 and June 30, 2020 to July 31, 2020.
Paragraph 6: Until July 31, 2020, driving with an invalid driver’s license, vehicle registration, chauffer’s license or operator’s license will not be a violation of the Michigan Vehicle.
Paragraph 7: Requires automobile insurers to not take any adverse actions against individuals whose identification or registration is lapsed as a result of COVID-19 for the period starting on February 1, 2020 ending June 30, 2020.
Paragraph 8 (a)-(c): This new extension of validity does not apply to anyone who currently has their license revoked or suspended for traffic offenses or someone who has a medical condition that disqualifies them from operating a commercial vehicle or requires a Skill Performance Evaluation from the Federal Motor Carrier Safety Administration.
Paragraph 10: A violation of this Executive Order is a misdemeanor.

For the full text of this Executive Order, please visit this link.

Executive Order 2020—76

Executive Order 2020—76 temporarily expands unemployment eligibility and cost-sharing; rescinds Executive Order 2020—57. A couple key takeaways from this order:

Paragraph 1: Allows individuals that have left work involuntarily for medical reasons to be deemed laid off if they leave as a result of any of the following:
- The individual who is self-quarantining or in self-isolation in response to their heightened risk to contract COVID-19 as a result of being immuno-compromised.
- The individual has at least one of the symptoms of COVID-19, including fever, a typical cough and/or atypical shortness of breath.
- The individual has been in contact with someone in the last 14 days who has tested positive for COVID-19.
- The individual is required to care for someone with a confirmed COVID-19 diagnosis.
- The individual has a family care responsibility as a result of a government directive.
Paragraph 5 (a)-(d): Provides employers and workers more flexibility in the use of shared-work plans.
Paragraph 6: Provides that any benefits paid to a claimant that is laid off or placed on leave of absence are not be charged to the account of the employer or employers but instead is being charged to the Unemployment Insurance Agency’s non-chargeable account.
Paragraph 7: Removes the requirement that the employee must be actively seeking work in order to receive these unemployment benefits.
Paragraph 11: Makes this Executive Order retroactive to March 16, 2020. The directives in this order remain in effect during the states of emergency and disaster.
Paragraph 13: Willful violation of this order is a misdemeanor.

For the full text of this Executive Order, please visit this link.

Executive Order—36

Executive Order 2020-36 provides protection for workers who stay home, stay safe when they or their close contacts are sick. This Executive Order states the protections that are put in place for workers who decide to stay home after they have come in close contact with someone who is sick including that an employer must not discharge, discipline or retaliate against an employee who decides to take advantage of the protections that this Executive Order provides. It also mandates that people infected with the coronavirus stay home as to not infect others.

For the full text of this Executive Order, visit this link.

Executive Order—26

Executive Order 2020-26 provides for an extension of the April 2020 Michigan income tax filing deadlines. This order extends the April 15, 2020 deadline for state and local (city) filings to July 15, 2020 to coincide with the extension provided at the federal level. The order also extends the April 30, 2020 deadline for filing to July 31^st, 2020.

For the full text of this Executive Order, please visit this link.