The EEOC has issued new guidance about employers requiring employees to be vaccinated and if employers can provide incentives for employees to become vaccinated.     
Employers can require employees to be vaccinated but need to consider several factors, such as;

• Does an employees need a reasonable accommodation because of a disability or a sincerely held religious belief, practice, or observance?
• Will the vaccine requirement have a disparate impact on or disproportionately exclude employees based on Title VII such as race, color, religion, etc.?
• What are the State and Local laws and guidelines?

If an employee needs a reasonable accommodation, employers should work with the employee to determine what accommodations must be made.  Examples include;

• Continued wearing of masks
• Social distancing
• Periodic COVID-19 tests
• Continued Work at Home programs

For employees that are hesitant to get the vaccine, employers can provide education information about the vaccine, address questions and concerns, and even provide incentives.  Incentives(rewards or penalties)  can be provided as long if the incentive is not so substantial to be coercive.
Special Note: Any information collected  regarding proof of vaccination must be confidential and stored separately from the employee's personnel file.
A vaccination policy is recommended and before any policies are implemented, local and state guidelines, as well as any federal guidelines by OSHA, EEOC, ADA and other relevant agencies should be reviewed.

​Governor Abbott informed the U.S. Department of Labor on May 17, 2021, that Texas will opt out of the federal unemployment compensation related to the COVID-19 pandemic effective June 26, 2021.  This only includes the $300 weekly unemployment supplement from the Federal Pandemic Unemployment Compensation program.  Regular unemployment benefits are still available.

“The Texas economy is booming, and employers are hiring in communities throughout the state,” said Governor Abbott.  “According to the Texas Workforce Commission, the number of job openings in Texas is almost identical to the number of Texans who are receiving unemployment benefits. That assessment does not include the jobs that typically are not listed, like construction and restaurant jobs. There are nearly 60 percent more jobs open (and listed) in Texas today than there was in February 2020, the month before the pandemic hit Texas.”

According to the Texas Workforce Commission (TWC), nearly 45 percent of posted jobs offer wages greater than $15.50 per hour.  Approximately 76 percent pay more than $11.50 per hour. Only 2 percent of posted jobs pay around the minimum wage.

With opening the state back to 100 percent, the focus must be on getting unemployed Texans back to work, rather than paying unemployment benefits.
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Another reason is the high level of fraudulent unemployment claims being filed. Fraudulent unemployment claims rob everyone including employers and do nothing to help the unemployed. TWC estimates that nearly 18 percent of all claims for unemployment benefits during the pandemic are confirmed or suspected to be fraudulent, which totals more than 800,000 claims, worth as much as $10.4 billion, if all claims had been paid.
 
The $300-a-week federal payments, which is a reduced version of a $600 weekly benefit authorized last March under the CARES Act to help the millions of workers thrown out of work amidst the coronavirus pandemic will go until Sept. 6th in states that do not opt-out of the federal program.  

For the first time, the Department of Labor (DOL) issued Cybersecurity regulations for benefit plans regulated by ERISA.  The guidelines, issued in April, provide best practices on Cybersecurity programs, Online Security Tips and Tips for Hiring a Service Provider.  As a reminder, any benefit plan such as medical plan with more than one participant must comply with ERISA regulations. A few of the tips from the DOL include;
What can businesses do to ensure participant information is secure?

• Offer Cybersecurity training for employees
• Encrypt sensitive data, either stored or in transit
• Implement strong security controls
• Work with service providers that have strong cybersecurity policies
  • Does the provider have Cybersecurity insurance?
  • Has the provider had any breach of security in the past?
  • How does the provider monitor its security practices?

If you need more information regarding the ERISA Cybersecurity regulations, you can reach out to us.