New Laws Repeal 2020 COVID-19 Liability Protections
By Tala Dahbour, ICLE | 07/19/22

On July 11, 2022, Governor Gretchen Whitmer signed three bills into law that repeal COVID-19-related protections for Michigan businesses, employers, and employees in 2020 PA 236, 237, and 238. The affected 2020 COVID-19 legislation protected compliant individuals, entities, and employers from liability against COVID-19 related claims and prohibited employer retaliation against employee absence consistent with established COVID-19 legal requirements. The new laws roll back COVID-19 liability protections in the following ways:

  • 2022 PA 139 amends the COVID-19 Response and Reopening Liability Assurance Act, MCL 691.1451–.1460, by eliminating liability protection against COVID-19-related claims for individuals and entities in compliance with all COVID-19-related regulations and orders.
  • 2022 PA 140 amends the Michigan Occupational Safety and Health Act by eliminating legal immunity against COVID-19-related lawsuits for employers in compliance with all COVID-19-related regulations and orders.
  • 2022 PA 138 amends  MCL 419.401–.413 by removing protections against employer retaliation in response to employee actions consistent with COVID-19 legal requirements regarding staying home from work.

The new laws affect claims that accrue after July 1, 2022.

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