In recent years, businesses of all types have experienced an uptick in lawsuits filed under Title III of the Americans with Disabilities Act (“ADA”), which prohibits discrimination against disabled persons regarding access to and enjoyment of places of public accommodation. With a ruling from the Western District of Louisiana in August 2015, the reach of
Website Accessibility and ADA Litigation
Think Americans with Disabilities Act (“ADA”) access litigation is limited to sidewalks, restrooms and physical barriers to the disabled in “brick and mortar” establishments? Think again.
A growing number of lawsuits are being filed against businesses under Title III of the ADA alleging that that the business’s website does not provide adequate accessibility to the
2016: Resolve to Consider Joint Employment Issues… the Department of Labor Has Already Done So!
This New Year, many employers have resolved to examine their employment relationships to determine if any joint employment relationships are lurking. On January 20, 2016, the United States Department of Labor issued an administrator’s interpretation on joint employment and confirmed that the DOL has resolved to continue its program of pursuing issues related to joint
Happy New Year! ACA Reporting Deadlines Extended
On December 28, 2015, the IRS announced an automatic extension of the Affordable Care Act reporting deadlines for distributing and/or filing the 1094-B/1095-B and 1094-C/1095-C forms. This relief only applies for the 2015 calendar year.
For employers who were considered applicable large employer members (“ALE members”) in 2015, the new deadline for furnishing your full-time
Facebook Unfriending is Bullying in Oz?
Friending someone on Facebook, more importantly – unfriending them, may have unintended consequences in the land down under. As reported at CNET.com, the Australia Fair Work Commission recently found that “unfriending” a co-worker on Facebook was considered bullying. In addition to the Facebook unfriending, the unfriended and aggrieved employee also complained of more than
Proposed WAGE Act: Employers Beware
It’s not yet Halloween, but employers may have cause to be afraid.
Last week, Sen. Patty Murray (D-Wash.) and Rep. Bobby Scott (D-Va.) introduced the “Workplace Action for a Growing Economy Act” (“WAGE Act”) to amend the National Labor Relations Act. According to a fact sheet published about the Act, the WAGE Act aims to
Labor Day 2015: Employers Must Reflect on the NLRB’s Recent Activity, Too
It has been a busy year for the National Labor Relations Board. Many employees celebrated Labor Day with a long weekend and a shorter work week. However, employers also must reflect on the NLRB’s recent activity and consider the impact of such activity on their policies and procedures. Of particular interest to employers, the NLRB’s
Airline Dispute Highlights Religious Accommodation Issues
A recent CNN article highlights the need for employers to consider employees’ religious accommodation requests. Charee Stanley is a Muslim and a flight attendant for ExpressJet Airlines. As a Muslim, Stanley is prohibited from both drinking alcoholic beverages and serving alcoholic beverages, including serving passengers on flights while working as a flight attendant. At her
Colorado Supreme Court Upholds Termination of Employee for Off-Duty Medical Marijuana Use
In a much-anticipated decision, the Colorado Supreme Court issued a ruling on Monday upholding an employer’s decision to discharge an employee for his off-duty medical marijuana use.
In Coats v. Dish Network, LLC, a quadriplegic employee filed a wrongful termination suit against his former employer, claiming Dish Network violated Colorado’s “lawful activities statute” by
Louisiana Employers Beware: Your Reimbursement Plan May Violate Affordable Care Act Market Reforms
Many employers in the past have offered employees cash to reimburse the purchase of an individual policy from a private insurance carrier or on the Marketplace (aka the Exchange) or for other substantiated medical expenses in place of employer sponsored group health coverage. However, the federal government has recently taken the position that such an