To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more
To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more
After more than five years in the making (and nearly a full year of delays), on Thursday, October 5, 2023, the World Wide Web Consortium (the “W3C”), the private organization focused on enhancing online user experiences,...more
Last week, in Winegard v. Newsday LLC, the U.S. District Court for the Eastern District of New York issued a decision that may finally tee up the issue of website accessibility to be directly addressed by the Second Circuit...more
This is Part II of a three-part series called, “The Future of Work.” The Three sessions of the series address many of the issues attendant to returning to the workplace. Panelists explore:
- the implications of mandatory...more
8/16/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Retailers ,
Return-to-Work Agreements ,
Vaccinations ,
Vaccine Passports ,
Webinars ,
Workplace Safety
After keeping us waiting with baited breath for several years, the Eleventh Circuit finally broke its silence – issuing its long-anticipated ruling in Gil v. Winn-Dixie Stores, holding that websites are not covered as places...more
As numerous jurisdictions now mandate citizens wear face masks in public, many retailers have begun requiring customers to cover their faces as a safety measure to mitigate against the spread of COVID-19 among employees and...more
For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to a recent decision issued by a federal judge in the U.S. District Court of the...more
11/19/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Class Action ,
Corporate Counsel ,
Disability Discrimination ,
Dismissals ,
Entertainment Industry ,
Gift-Cards ,
Public Accommodation ,
Regulatory Standards ,
Retail Market ,
Retailers ,
Standing ,
Subject Matter Jurisdiction ,
Theater Productions ,
Title III
While the seemingly endless wave of website accessibility cases filed by serial plaintiffs shows no signs of abating (a situation not helped by the United States’ Supreme Court’s denial of Domino’s Petition for Certiorari...more
11/7/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Gift-Cards ,
Permanent Impairments ,
Public Accommodation ,
Putative Class Actions ,
Regulatory Standards ,
Regulatory Violations ,
Restaurant Industry ,
Retail Market
Employers seeking information about potential reasonable accommodations, and tips on the interactive process, can turn to the newly updated Job Accommodation Network (JAN) Toolkit....more
The New York City Commission on Human Rights (“Commission”) recently issued a 146-page guide titled “Legal Enforcement Guidance on Discrimination on the Basis of Disability” (“Guidance”), to educate employers on their...more
The first quarter of 2018 has already stirred up an array of legal matters that employers in the hospitality industry should be conscious of, both in their day-to-day operations and long-term planning. In February alone, the...more
3/30/2018
/ #MeToo ,
Americans with Disabilities Act (ADA) ,
Change of Ownership ,
Department of Labor (DOL) ,
Disability Access Claims ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Pilot Programs ,
Hospitality Industry ,
Proposed Legislation ,
Restaurant Industry ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Wage and Hour
On May 9, 2016, citing a “troubling trend” gleaned from the surge in disability charges that it has received in recent years, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a new resource document...more
As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and...more
9/24/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
Browning-Ferris Industries of California Inc. ,
Cadillac Tax ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Hospitality Industry ,
Independent Contractors ,
Joint Employers ,
McDonalds ,
NLRA ,
NLRB ,
OSHA ,
Public Accommodation ,
Reporting Requirements ,
SEIU ,
Service Animals ,
Title III ,
Wage and Hour ,
White-Collar Exemptions
On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more
6/15/2015
/ Civil Rights Act ,
Department of Labor (DOL) ,
Discrimination ,
Employee Restrooms ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
OSHA ,
Reasonable Accommodation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On May 27, 2015, the Department of Labor (“DOL”) issued new model Family and Medical Leave Act (“FMLA”) notices and medical certification forms. The previously issued forms expired as of February 28, 2015, without any update...more
With all of the presents, decorations, and champagne now firmly in the rearview mirror, January is a time customarily spent reflecting on the year that was and planning for the year ahead. For places of public accommodation,...more