Earlier this year, Harris County, Texas, which encompasses a substantial majority of the City of Houston, became the sixth Texas city or county to embrace a “ban the box” policy when it adopted the Fair Chance Policy.
Continue Reading Harris County Becomes Latest in Texas to Adopt a Ban the Box Hiring Policy
Employers operating in California often ask employees to agree to arbitrate employment-related disputes as a term and condition of employment. In its recent Chamber of Commerce v. Bonta decision, the Ninth Circuit took a significant step toward prohibiting such mandatory employment arbitration agreements. However, the combination of a 2-1 panel decision (authored by a visiting judge from the Tenth Circuit), a scathing dissenting opinion, and a holding that splits with decisions from the First and Fourth Circuits all but ensures more litigation. As a result, the case is far from over, so while employers eventually may have to consider changing their arbitration agreement practices, they very likely have some time to let the dust settle before doing so.
Continue Reading The Ninth Circuit, Mandatory Arbitration Agreements, and “Clown Bop Bags”
Due to the novel coronavirus (COVID-19), many San Francisco businesses have closed in order to contain the spread of the pandemic, resulting in declining revenues and widespread business interruption. These economic conditions have led to employee layoffs across San Francisco. As San Francisco employers work to restore their business operations in the wake of COVID-19, they should be aware of new rules that may affect how they rebuild their workforce.
Continue Reading New Emergency Ordinance Requires San Francisco Employers to Guarantee Reemployment for Certain Employees Laid Off Due to COVID-19
Could the onslaught of anticipated accessibility litigation surrounding Braille Gift Cards in 2020 be limited by a strict construction of the ADA Title III standing requirement? Maybe so.
Continue Reading New York Federal Court Limits Accessibility Litigation By Strictly Construing the Standing Requirement
The California Department of Fair Employment and Housing recently updated its Sexual Harassment Prevention Training FAQ guidance to address some of the questions surrounding SB 1343, which requires employers with five or more employees to provide classroom or “other interactive training” for all California employees (not just supervisors) every two years
Continue Reading California DFEH Updates FAQ on Sexual Harassment Prevention Training in Light of New Deadline to Comply
For the past few years, retailers have been confronted with a tidal wave of litigation alleging that their websites are inaccessible in violation of the Americans with Disabilities Act. Indeed, in 2018 alone, one analysis determined that there were at least 2,258 web accessibility cases filed in federal court, a 177 percent increase from the previous year.
Continue Reading The Next Wave of Accessibility Litigation in the Retail Industry: Braille Gift Cards
Does an individual who receives a single text message, in violation of the Telephone Consumer Protection Act of 1991, have standing to sue in federal court?
Continue Reading 11th Circuit Says Single Text Message Does Not Convey Standing in TCPA Action
In Corona Regional Medical Center v. Sali, No. 18-1262 (May 3, 2019), the Supreme Court recently dismissed a petition for a writ of certiorari that would have resolved a circuit split as to whether expert testimony must be admissible to be considered at the class certification stage. As a result, the Ninth Circuit remains one of only two circuits that have ruled workers are not required to submit admissible evidence to support a motion for class certification. In contrast, the Second, Third, Fifth, and Seventh Circuits have all held that expert testimony must be admissible to be considered at the class certification stage.
Continue Reading Ninth Circuit Holds That Inadmissible Evidence Can Be Used to Support Employees’ Motions for Class Certification
Each year, the California Chamber of Commerce identifies proposed state legislation that the Chamber believes “will decimate economic and job growth in California.” The Chamber refers to these bills as “Job Killers.” In March, the Chamber identified the first two Job Killers of 2019: AB 51 and SB 1.
Continue Reading California Chamber of Commerce Identifies First “Job Killer” Bills of 2019
What must a private business do to ensure that its website complies with Title III of the Americans with Disabilities Act, which requires that places of public accommodation provide “full and equal enjoyment” to individuals with disabilities?
Continue Reading 9th Circuit Reverses ADA Ruling Favorable to Businesses