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.
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M. Brett Burns
9th Circuit Reverses ADA Ruling Favorable to Businesses
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? …
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Federal Court “Tips” the Scale in Favor of Restaurant Workers by Reviving 80/20 Rule
We recently highlighted DOL opinion letter 2018-27, which rescinded the 80/20 rule and was a welcome change for employers in the restaurant industry. However, less than two months after the DOL’s policy change, the U.S. District Court for the Western District of Missouri rejected the DOL’s new guidance, claiming it is “unpersuasive and unworthy” of deference. …
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21 States Raise Minimum Wage in 2019
As the new year gets off to a start, employers in the retail industry will be making wage adjustments to meet current and future minimum wage increases. Employees in 21 states around the country will see their state’s minimum wage increase.
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DOL “Tips” the Scale in Favor of Restaurant Employers by Ending 20% Tip Credit Rule
The Department of Labor recently published an Opinion Letter (FLSA-2018-27) reissuing its January 16, 2009 guidance (Opinion Letter FLSA-2009-23) and reversing its Obama-era position on the 20% tip credit rule. This opinion letter marks another major shift in DOL’s policy and presents a welcome change for employers in the restaurant industry.…
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California Federal Court First to Require Class Action Settlement Data To Be Made Public
The U.S. District Court for the Northern District of California is a popular venue for class action lawsuits. As of November 1, 2018, it is also the first to require parties settling such lawsuits to make broad public disclosures regarding the settlements. …
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Website Accessibility Update – Eleventh Circuit Holds that a Private Settlement With One Plaintiff Will Not Moot A Nearly Identical Lawsuit By Another Plaintiff
As website accessibility lawsuits continue to surge, places of public accommodation oftentimes battle multiple lawsuits filed by different plaintiffs represented by different attorneys. Even after entering into private settlements, which include detailed website remediation plans, defendants may continue to be the target of these lawsuits by copycat plaintiffs. …
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Oregon Becomes Latest Jurisdiction and First State to Enact Predictive Scheduling Law
Oregon’s Fair Work Week Act (also known as Oregon’s predictive scheduling law) (the “Act”) is proceeding full speed ahead and will add significant challenges and costs for retailers. The majority of the Act goes into effect on July 1, 2018.
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Sixth Circuit Affirms Employer’s Use of Fluctuating Workweek
The Sixth Circuit recently affirmed a district court’s summary judgment decision finding that an employer properly had paid employees using the “fluctuating workweek” method and dismissing plaintiffs’ claims for underpayment of wages under the Fair Labor Standards Act. …
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Houses Passes Bill Aimed At Curbing Abuse of ADA Public Accommodations Lawsuits
On February 15, 2018, by a vote of 225 to 192, the House of Representatives passed the ADA Education and Reform Act (HR 620). Title III of the Americans with Disabilities Act was enacted to ensure access for persons with disabilities to public accommodations. Too often however, serial litigants have abused Title III to shake down businesses for quick settlements over minor, technical violations without actually seeking to improve access. By amending the ADA to include a notice and cure provision, proponents of HR 620 say this bill will curb predatory public accommodations lawsuits brought by serial plaintiffs and their lawyers against businesses.
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