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
On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s...more
7/24/2023
/ Americans with Disabilities Act (ADA) ,
Denial of Certiorari ,
Disability ,
Employer Liability Issues ,
Gender Dysphoria ,
Gender Identity ,
LGBTQ ,
Public Accommodation ,
Reasonable Accommodation ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title I ,
Title III ,
Transgender
This week, we’re highlighting Mental Health Awareness Month and the importance of mental health in the workplace:
May is Mental Health Awareness Month, and employers are taking the opportunity to examine their policies and...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently published updated guidance titled, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act” (the Guidance), explaining how the Americans...more
On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) published a bulletin warning that commonly used website technologies, including cookies, pixels, and session...more
On August 16, 2022, in Williams v. Kincaid, the Fourth Circuit held that gender dysphoria can qualify as a disability under the Americans with Disabilities Act (the “ADA”). This is the first federal appellate decision which...more
This week, we take a look at the federal government’s recently announced focus on mental health.
Renewed Federal Focus on Mental Health in the Workplace (see video attached)
To coincide with Mental Health Awareness Month...more
This week, we focus on the uptick in requests for remote work as a reasonable accommodation during COVID-19 and what employers should consider when addressing them.
Remote Work and Reasonable Accommodations (see video...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
Welcome to #WorkforceWednesday. This week, we focus on the Centers for Disease Control and Prevention's (CDC's) new guidance for vaccinated individuals and what it means for accommodations.
Employers Navigate New CDC...more
5/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Masks ,
New Guidance ,
Public Accommodation ,
Reasonable Accommodation ,
Remote Working ,
Social Distancing ,
Vaccinations ,
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
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
Spring may have been slow to arrive in some parts of the country this year, but the courts, state legislatures, and government agencies have been moving full speed ahead. In April, the U.S. Supreme Court issued a potentially...more
5/10/2018
/ Confidentiality Agreements ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Internships ,
Mandatory Arbitration Clauses ,
Navarro v Encino Motorcars ,
Non-Disclosure Agreement ,
Public Employers ,
Retailers ,
Risk Management ,
SCOTUS ,
Service Advisors ,
Sexual Harassment ,
Wage and Hour ,
Work Schedules ,
Workplace Violence
A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would...more
9/29/2017
/ Arbitration ,
Barack Obama ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Murphy Oil v NLRB ,
Popular ,
Tip Credit ,
Tip-Pooling ,
Trump Administration ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
Legal compliance is a challenging endeavor, especially in the hospitality industry, where owner/operators must focus on meeting their business objectives, staying competitive, and growing in their respective markets. In...more
3/30/2017
/ Asset Purchaser ,
Data Breach ,
Defense Strategies ,
Hospitality Industry ,
Misclassification ,
NLRB ,
Restaurant Industry ,
Retail Workers Bill of Rights ,
Successors ,
Unions ,
Wage and Hour