LEDFORD & ASSOCIATES

MICHIGAN LAW IN THE NEWS

New school bus safety laws allow stop-arm cameras

House Bill 4202 stated cameras could be installed on the stop signs attached to school buses to take pictures of vehicles that pass illegally and allow them to be used by the police.

Read more at WWMT

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SCOTUS has struck down the CDC eviction moratorium

SCOTUS has struck down the CDC eviction moratorium in an opinion published today (8-26-2021). 

"The Alabama Association of Realtors (along with other plaintiffs) obtained a judgment from the U. S. District Court for the District of Columbia vacating the moratorium on the ground that it is unlawful. But the District Court stayed its judgment while the Government pursued an appeal. We vacate that stay, rendering the judgment enforceable. The District Court produced a comprehensive opinion concluding that the statute on which the CDC relies does not grant it the authority it claims. The case has been thoroughly briefed before us— twice. And careful review of that record makes clear that the applicants are virtually certain to succeed on the merits of their argument that the CDC has exceeded its authority. It would be one thing if Congress had specifically authorized the action that the CDC has taken. But that has not happened. Instead, the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts."

See the decision here

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Michigan motorist wins appeal over tickets

A woman with 14 tickets has won a major decision in a dispute over whether Saginaw violated the U.S. Constitution by chalking her car tires without a search warrant.

Read more at The Detroit News

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OSHA Releases Guidance for Employers Considering Vaccine Requirements

With today's FDA approval of the Pfizer-BioNTech COVID-19 vaccine, employers should be aware of the (current) OSHA reporting requirements if such vaccines are mandated by employers and negative reactions occur to the vaccine: 

"If an employer requires its employees to be vaccinated, adverse reactions to the vaccines are considered “work-related” by OSHA. Employers who require COVID-19 vaccines must notify OSHA within 24 hours of an employee’s inpatient hospitalization (or within eight hours of an employee’s death) resulting from an adverse reaction.
For employers subject to OSHA’s recordkeeping requirements, if the adverse reaction meets other general recording criteria (e.g., days away from work, restricted work or transfer to another job, or medical treatment beyond first aid), the reaction must be recorded on the employer’s OSHA 300 log, even if it does not lead to hospitalization. For example, if an employee uses a sick day because of fever and chills following administration of the vaccine, the reaction must be recorded. On the other hand, if an employee merely requires over-the-counter medication to ease soreness at the injection site, the action need not be recorded. 
Employers who merely recommend vaccination do not need to record adverse reactions or report hospitalizations due to those adverse reactions, even if the employer facilitates employees’ access to the vaccine."

Learn more at The National Law Review

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Gov. Whitmer to lift barrier prohibiting drunken drivers ability to clear record

To be eligible, they can have only one offense and it cannot have caused another person's death or injury.

Read more at Detroit Free Press

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