Whitmer to extend stay-home order; state furloughs workers

[Deleted User 4520]

Here we go again!

https://www.wlns.com/news/michigan/whit ... s-workers/

[Matt]

10 day layoffs and essential automatic enrollment in unemployment is going to save the state in pocket change. It's a slap on the face to Michigan residents that are struggling with the state's unemployment system.

[Deleted User 4520]

This exactly. They get automatically enrolled in unemployment while everyone else struggles to get the damn website to work!

I am curious what changes will be made with the next round of stay at home.

10 day layoffs and essential automatic enrollment in unemployment is going to save the state in pocket change. It's a slap on the face to Michigan residents that are struggling with the state's unemployment system.

[Matt]

I'm very thankful that I'm in a position that I don't have to worry about dealing with unemployment, but I have extended family members that have had extreme difficulty filing for unemployment. Both individuals could be theoretically working and are arguably "essential".

[Deleted User 4520]

I am back to work as of this past Monday. Some of us are wearing masks and some are not. They are provided as are gloves. Also the $2 extra per hour has been extended through May 1st. However I feel this should continue as long as the stay at home order and Covid-19 issue is going on. Why only compensate for part of the time and not all of it?

[Matt]

I am back to work as of this past Monday. Some of us are wearing masks and some are not. They are provided as are gloves. Also the $2 extra per hour has been extended through May 1st. However I feel this should continue as long as the stay at home order and Covid-19 issue is going on. Why only compensate for part of the time and not all of it?

From an optics standpoint, it would make sense for your employer to offer the additional pay through the end of July to coincide with the CARES Act unemployment bonus of $600/week.

[Bryce]

I'm wondering why anyone will want to go back to work. By my estimation, If you are at a income that maxes out your Michigan unemployment payment, then add it to the federal amount of 600.00 per week, you will be getting paid 960.00 per week to stay home.

Even at the minimum unemployment amount, a person would be getting 760.00 per week with the federal amount included. Where is the incentive to enter the workforce before the 26 week eligibility expires?

[bmw]

Whitmer, yesterday:

There will be some form of a stay-at-home order in effect for a long time

Great.

Things will get interesting, however, if Republicans decide not to grant her another extension beyond April 30. Jim Stamas (currently the Appropriations Chair) says he does not support extending it.

Whitmer, however, seems to now think that she doesn't need legislative approval to extend the order. She claims that an older 1945 law gives her the power to do it.

My powers come from a couple different parts of statute, and so I believe that regardless of what the Legislature does, I still retain those powers.

Legal experts say it could end up in court.

If the Legislature decides not to extend the emergency declaration under the 1976 law, Whitmer wouldn’t have to do anything else to extend the stay-home order, said Peter Ruddell, a lawyer at Honigman law firm and a former aide to GOP Senate Majority Leader Dan DeGrow.

“Both laws give the governor incredibly broad powers” to take action under a declaration of disaster or emergency, he said, so Republicans would have little luck arguing in court that she needs their approval.

However, Republicans may be able to argue that she overextended her powers under the emergency declarations by broadening the scope to address the “health, economic, and social harms” of the emergency, Ruddell said. “Such a declaration of emergency could arguably be beyond the police powers of the state.”

Both sides may prefer to negotiate and stick with the 1975 law to protect first responders. But if it goes to court, Ruddell said, “this is untested. We’ve never had a separation of powers issue in this state that has reached litigation of this magnitude.”

https://www.bridgemi.com/michigan-gover ... past-may-1

[audiophile]

If she extends it on her own motion, then we just need to be safe, wear a mask, and ignore her.

[Rate This]

Whitmer, yesterday:

There will be some form of a stay-at-home order in effect for a long time

Great.

Things will get interesting, however, if Republicans decide not to grant her another extension beyond April 30. Jim Stamas (currently the Appropriations Chair) says he does not support extending it.

Whitmer, however, seems to now think that she doesn't need legislative approval to extend the order. She claims that an older 1945 law gives her the power to do it.

My powers come from a couple different parts of statute, and so I believe that regardless of what the Legislature does, I still retain those powers.

Legal experts say it could end up in court.

If the Legislature decides not to extend the emergency declaration under the 1976 law, Whitmer wouldn’t have to do anything else to extend the stay-home order, said Peter Ruddell, a lawyer at Honigman law firm and a former aide to GOP Senate Majority Leader Dan DeGrow.

“Both laws give the governor incredibly broad powers” to take action under a declaration of disaster or emergency, he said, so Republicans would have little luck arguing in court that she needs their approval.

However, Republicans may be able to argue that she overextended her powers under the emergency declarations by broadening the scope to address the “health, economic, and social harms” of the emergency, Ruddell said. “Such a declaration of emergency could arguably be beyond the police powers of the state.”

Both sides may prefer to negotiate and stick with the 1975 law to protect first responders. But if it goes to court, Ruddell said, “this is untested. We’ve never had a separation of powers issue in this state that has reached litigation of this magnitude.”

https://www.bridgemi.com/michigan-gover ... past-may-1

Remember this from earlier:

Public Act 302 of 1945, called the “Emergency Powers of Governor,” authorizes the governor to declare a state of emergency and exercise certain powers for that period. Specifically, the act empowers the governor to control traffic, establish a curfew, regulate and prohibit the use and occupancy of buildings and public places, and control the sale and transportation of alcohol, dangerous liquids or explosives. These orders are only effective during the declared state of emergency, and anyone who violates them is guilty of a misdemeanor.

And:

Public Act 390 of 1976, called the “Emergency Management Act,” is meant for “planning, mitigation, response, and recovery from natural and human-made disaster.” It charges the governor with “coping with dangers to this state or the people of this state presented by a disaster or emergency,” and with issuing orders that have the same effect as law during an emergency situation.

In both cases, the statute says the emergency may only last 28 days. After this, the governor may request an extension, but only for a specified period, and the extension is subject to legislative approval.

If the law is a supplement that implies to me that it was meant to modify and clarify the 1945 law. I’m not clear how she would get around that.

[bmw]

If the law is a supplement that implies to me that it was meant to modify and clarify the 1945 law. I’m not clear how she would get around that.

Except you missed this:

EMERGENCY MANAGEMENT ACT (EXCERPT)
Act 390 of 1976
30.417 Construction of act.
Sec. 17.
This act shall not be construed to do any of the following:
...
(d) Limit, modify, or abridge the authority of the governor to proclaim a state of emergency pursuant to Act No. 302 of the Public Acts of 1945...

And pursuant to the 1945 law:

During times of great public crisis...the governor may promulgate reasonable orders...as he or she considers necessary to protect life...

[audiophile]

I don't think it's reasonable:

"...and control the sale and transportation of alcohol, dangerous liquids or explosives."

She might have us on Gas Pumps, but flowers, seeds, building materials, and clothes, I don't think so.

[Deleted User 4520]

I wholeheartedly agree. It's the right thing to do. I'm sure many of us in retail are terrified being on the front lines and potentially bringing something home to the family. I think its fair and reasonable to keep the extra $2/hr going for the time being. Retail isn't home to the high paying jobs, a lot of us are just above minimum wage. That said, I feel somewhat cheated. I used to make a bit more than minimum wage. But with the increases to the minimum wage my wage didn't go up because I was higher than that...in effect, new hires are nearly making what I do and I've been with the company for many years. I really think they should unionize and join the UFCW.

From an optics standpoint, it would make sense for your employer to offer the additional pay through the end of July to coincide with the CARES Act unemployment bonus of $600/week.

[Rate This]

I wholeheartedly agree. It's the right thing to do. I'm sure many of us in retail are terrified being on the front lines and potentially bringing something home to the family. I think its fair and reasonable to keep the extra $2/hr going for the time being. Retail isn't home to the high paying jobs, a lot of us are just above minimum wage. That said, I feel somewhat cheated. I used to make a bit more than minimum wage. But with the increases to the minimum wage my wage didn't go up because I was higher than that...in effect, new hires are nearly making what I do and I've been with the company for many years. I really think they should unionize and join the UFCW.

From an optics standpoint, it would make sense for your employer to offer the additional pay through the end of July to coincide with the CARES Act unemployment bonus of $600/week.

My mom has been a cashier at Meijer for 25 years. With the $2 pay bump they got for all this going on she’s at $18 an hour or something... that Union is pretty good.

[Deleted User 4520]

Wow, that is pretty good! I've been with SpartanNash for 13 years. I should be making much more than the the other cashiers. But now we're pretty much on par and I've been there years longer than all the other cashiers. I really don't know why they're not unionized. From what I understand some of the companies distribution hubs are. Go figure... What union is Meijer involved with?

My mom has been a cashier at Meijer for 25 years. With the $2 pay bump they got for all this going on she’s at $18 an hour or something... that Union is pretty good.