[Michlib-l] Library Law "Short" - Coronavirus Layoff & Unemployment Edition

Tue Apr 28 15:28:39 EDT 2020

Library Law "Short" Coronavirus - Layoffs and Unemployment Resources.

NOTE: The research and resources below are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

With the extension of the Stay at home order by EO 2020-59 https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-526894--,00.html  and the growing realization that budgets are likely to be negatively affected, library boards are going to be reduced, some library boards which originally planned to pay workers on leave or work from home are re-thinking  their plan. This longer "Short" provides information and resources on layoffs and unemployment resources for Michigan libraries.
Layoffs are never easy. It is strongly encouraged for any board and/or director to consult their library legal counsel with regards to proper procedure for conducting a layoff.
Employees affected by layoffs are encouraged to carefully read every communication from the employer, and to consult the layoff and unemployment information below in order to understand their rights and the benefits available to them. Michigan Legal Help is a good resource for researching legal issues https://michiganlegalhelp.org/

Layoffs and Furloughs- Employers and Employee Resources
Guidance to Employers Considering Layoffs (Mi Dept of Labor and Economic Opportunity) This sheet provides helpful information and procedures- and alternatives - for employers contemplating layoffs
https://www.michigan.gov/documents/leo/Guidance_to_Employers_REV_684448_7.pdf
Know your Employee Rights- Webpage by the Attorney General on employee rights relating to he pandemic. https://www.michigan.gov/ag/0,4534,7-359-98784---,00.html
Resources and Information on Leave ,Layoffs and other employment law issues during times of Disaster, Pandemic, and Other Emergencies (Library of Michigan information sheet) https://www.michigan.gov/documents/libraryofmichigan/Employee_Leave_Info_Doc_685044_7.pdf

Arguments Against Layoffs for Library Boards:

  1.  The library has already budgeted and has the money in hand to pay workers. The fact that libraries are government entities dependent on tax funds that get collected 1 or 2x a year means they should have the money to pay workers. If there is a budgetary concern, the board could consider WorkShare (see Guidance to Employers, above ) as a possible alternative.
  2.  Boards that are concerned whether paying staff while they are not working is a misuse of public money can be assured that most legal professionals- and library law attorneys in Michigan that I have spoken with agree that paying staff during the pandemic is defensible as being for a public purpose and for the public good. There is legal authority that supports employee benefits such as paid leave as being within the parameters of "supporting a public purpose" for meeting the standard of the use of public funds. The reasons for this are:
     *   Paying staff to work from home or for leave will ensure that you retain the staff that the library has already invested time and $$ in training. It is a good public policy to retain good experienced workers. If workers get laid off, they may seek employment elsewhere and the library would lose them, and the investment made in them.
     *   Allowing staff to work from home will allow the library to remain productive, continue to offer services to their community and permit certain tasks to get done that may not otherwise happen (such as a thorough policy review, collection development policy update, creation of new programs and creative outreach, even staff training and professional development via many online free options). Paying staff to stay home and learn or work can  be a good investment (and reinforce to the community that the library is a resource worth paying for via millages).
     *   Paying staff for leave or work at home will inspire appreciation and loyalty from the staff and will increase staff morale and likely productivity both at home and once the library re-opens.
     *   Paying staff for leave or to work from home will encourage that staff to stay home rather than possibly seek employment elsewhere and be out in the community possibly being exposed (or exposing others) to the virus. The library is assisting the community and protecting their staff by making it possible for staff to abide by the stay at home order.
See also information on use of public funds for staff leave here (see Q 2): http://events.fosterswift.com/viewmailing.aspx?MailingId=41225&MailKey=1214202<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fevents.fosterswift.com%2Fviewmailing.aspx%3FMailingId%3D41225%26MailKey%3D1214202&data=02%7C01%7CMembielaC%40michigan.gov%7C8eee07c5b5e64eb3121608d7eb7145dd%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637236744036241889&sdata=CDpwxHsKMz1WEt%2FSh3X2yR4PUFZ0D2E1FTTXF5Xstd8%3D&reserved=0>

  1.  Layoffs- even temporary- should be conducted in the manner described in this document - https://www.michigan.gov/coronavirus/0,9753,7-406-98158-522113--,00.htmlhttps://www.michigan.gov/documents/uia_UC1710_76109_7.pdf
The American Library Association and the Michigan Library Association both urge Boards to provide paid leave or work from home arrangements:
 ALA - https://americanlibrariesmagazine.org/blogs/the-scoop/ala-executive-board-recommends-closing-libraries-to-public/?fbclid=IwAR1rbyDkYASdWB8qrbcuAwTeczvK49bKK--NIAtdw-s-EkisLwcu0b3S4Gk
MLA - https://www.milibraries.org/index.php?option=com_content&view=article&id=784%3Amla-s-update-on-covid-19---news---michigan-library-association&catid=27%3Anews-mla&Itemid=292<https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.milibraries.org%2Findex.php%3Foption%3Dcom_content%26view%3Darticle%26id%3D784%253Amla-s-update-on-covid-19---news---michigan-library-association%26catid%3D27%253Anews-mla%26Itemid%3D292&data=02%7C01%7CMembielaC%40michigan.gov%7C374ed65b8a56406667af08d7e61b1e93%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637230876467927866&sdata=kvn6mllQy7FDvR2Zlip1rurXfJG0MaQEjhmGRA7SCDo%3D&reserved=0>

Unemployment Program Resources
Unemployment Law information relating to the pandemic https://michiganlegalhelp.org/self-help-tools/employment/unemployment-and-covid-19
Unemployment EO -2020-57 https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-526796--,00.html - Expands availability of unemployment benefits to additional kinds of workers, suspends the payment of unemployment by employers for employees who register.
Unemployment Resources - Employees & Employers https://www.michigan.gov/leo/0,5863,7-336-78421_97241---,00.html
Pandemic Unemployment Assistance Information- https://www.michigan.gov/leo/0,5863,7-336-78421_97241_98585_98650-525471--,00.html (PUA is the Federal assistance program that provided states with funds for unemployment claims due to covid-19, or unemployment claims due to covid from employees not eligible to State unemployment. Provides $600 per week on top of available State unemployment claim)
FAQ  Unemployment - Employers https://www.michigan.gov/documents/leo/COVID-19_FAQ_for_Employers_684471_7.pdf
FAQ Unemployment - Employees - https://www.michigan.gov/leo/0,5863,7-336-78421_97241_98585---,00.html
Employee information sheet https://www.michigan.gov/documents/leo/Information_for_Employees_684469_7.pdf

Please don't hesitate to contact us at the Library of Michigan if we can be of assistance:
https://www.michigan.gov/libraryofmichigan/0,9327,7-381-88855_89053_89064---,00.html

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
You have the power to shape your future, and the future of all children, by counting everyone in your home in the 2020 Census<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmy2020census.gov%2F&data=02%7C01%7CMembielaC%40michigan.gov%7C96161cc3f10043dd369308d7e2c7a0d8%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637227219332225475&sdata=fMHNDTObgxJaCz1ww1kQqW3XAVYRD3SIQ8kMlFkujPg%3D&reserved=0>.

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