The Littler® Annual Employer Survey Report
May 12, 2021 – Littler
Mendelson P.C.
Excerpt: “While 71 percent of
employers surveyed believe that most of their employees who can work remotely
prefer a hybrid model and that only 4 percent prefer full-time in-person work,
28 percent of those employers plan to have most employees return full time and in
person, and 55 percent will offer a hybrid model (i.e., a mix of remote and
in-person work). Only 7 percent say their employees who are able to work
remotely full time can continue to do so if they wish, despite 16 percent
saying they believe most would prefer this option.”
Potential ERISA Fiduciary Duty Issues with BCBSA $2.67 Billion Settlement
May 12, 2021 – Miller,
Johnson, Snell & Cummiskey, P.L.C.
Excerpt: “Employers that file a
claim and receive settlement proceeds may need to determine what portion of the
settlement proceeds are considered plan assets under ERISA, especially since we
anticipate that only a minority of employees will make an individual claim.
With a settlement fund of $2.67 billon, some employers may receive a
significant amount from the settlement fund. As a result, we are hopeful that
the DOL will provide guidance on the proper use of the settlement funds
received by employers under ERISA in this specific lawsuit.”
Gifts and bonuses in exchange for vaccination could violate the law
May 11, 2021 – The Hill
Excerpt: “Employers considering
a vaccine incentive program should use caution, delaying if possible, for
clearer guidance. However, if a program is moving forward, employers must make
the program voluntary, should keep any incentives small in value, offer
accommodations for medical exceptions and religious beliefs, and offer
non-monetary or in-kind incentives to avoid violations.”
May 11, 2021 – McDermott Will
& Emery
Excerpt: “The table below
compares the applicable dollar limits for HSAs, HDHPs and excepted benefit HRAs
for 2021 and 2022.”
Your State No Longer Requires Face Coverings in the Workplace – But Should You Continue To Mandate Them?
May 10, 2021 – Fisher &
Phillips LLP
Excerpt: “This is a particular
concern in states like Texas, Florida, Georgia, and Mississippi, where the
state has eased COVID-19 related restrictions, but the federal government has
jurisdiction over workplace safety through OSHA. Other states where the state
government has jurisdiction over workplace safety – like Virginia, Michigan,
Oregon and California – have adopted their own COVID-19 OSHA standards, which
include additional heightened mandates for employers in the workplace.”
Looming Federal Paid Leave Legislation Raises Important Questions for Employers Over Funding
May 7, 2021 – HR Policy
Association
Excerpt: “With Congress mulling multiple paid family leave legislative proposals and a federal paid leave program seemingly on the horizon, questions remain regarding the best approach to how such a program—likely to be a UI-type insurance program—would be funded: through a payroll tax or general revenue?”
