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New Wave of ADA Website Lawsuits

Recently, there have been a slew of lawsuits filed across the country alleging that owners and operators of hotels and other places of lodging are using websites that violate the Americans with Disabilities Act (“ADA”). These lawsuits are different than the wave of lawsuits and demand letters sent to so many hotels and other places ...
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Cal/OSHA Compels Hospitality Employers to Clean Up Their Act, Ergonomically Speaking

Musculoskeletal disorders (MSDs) are the single most common type of work-related injury, but federal OSHA has struggled for decades to develop a coherent regulatory and/or enforcement strategy to address the hazards that cause these ergonomic injuries.  Where federal OSHA fell short, the State of California has picked up the slack, with Cal-OSHA recently finalizing a ...
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Accommodating Pregnancy Under State and Federal Law

Laws requiring both public and private employers to accommodate their pregnant employees have become a trend over the past several years.  Indeed, this past July, Massachusetts became the 22ndstate, along with the District of Columbia, to pass a law that requires an employer to engage in the interactive process and provide an accommodation to a pregnant ...
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Hurricanes Headaches: HR FAQs for Employers

Natural disasters are known for the wreckage and destruction they leave in their wake and the difficulty that follows with recovery. For employers, these difficulties can arise in the form of HR challenges. When employees are affected by disasters, questions about wages, hours, FLMA, benefits, and more can arise. The best way to navigate through ...
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Businesses Should Prepare For Predictive Scheduling Laws

Last month, Victoria’s Secret agreed to pay $12 million to settle a class action lawsuit in California brought by hourly employees that were denied pay as a result of the store’s use of on-call shift scheduling.  In that lawsuit, the employees relied on a California law requiring employees, who report for work on a scheduled ...
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Workplace Harassment 101

One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to those workplace standards.  In particular, sexual harassment has been a significant issue in the workplace since men ...
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A New Trend — States Banning Questions Regarding Salary

In light of the current political climate and the corresponding lack of legislation being enacted at the federal level, some of the more liberal states and localities have begun to take matters into their own hands and enact their own legislation.   One trend that is starting to gain significant momentum is in the field of ...
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Cybercrime and Data Breach a Rising Threat to all Employers

Over the past six months, we have observed a significant uptick in inquiries about data breach and other cyberthreats from area businesses.  We are asked about pursuing claims for recovery of funds lost due to fraud by hacking, state notification procedures in the event of a data breach affecting employees, and general questions about how ...
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Revisit Food Allergies and Accommodations for Guests and Employees

A broadly worded settlement agreement between the U.S. Department of Justice and Lesley University extends the Americans with Disabilities Act’s protections to individuals with severe allergies. This new, expansive interpretation of the term “disability” could increase potential legal exposure to failure to accommodate claims under the ADA, making it more important than ever to ensure ...
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