Joseph J. LynettBlog Posts

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  • OH Baby! Practical Advice for Complying with the Pregnant Workers Fairness Act and the PUMP for Nursing Mothers Act

    The new year brings new laws for employers. The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP For Nursing Mothers Act) were adopted when President Joe Biden signed the Consolidated Appropriations Act, 2023 on Dec. 29, 2022. Read our full article for practical guidance for employers. Continue Reading
    January 4, 2023
  • Second Circuit Issues Highly Anticipated Decision on Title III Braille Gift Card Appeal, Affirming Dismissal

    On June 2, 2022, the Second Circuit issued a decision in Calcano, et al. v. Swarovski North America Ltd., et al., affirming dismissal of five consolidated cases brought by visually impaired plaintiffs who alleged various retail defendants must provide braille gift cards under the Americans with Disabilities Act (ADA).  The five lawsuits consolidated on appeal... Continue Reading
    July 11, 2022
  • San Francisco, Los Angeles District Attorneys Suing Law Firm for Alleged Fraudulent ADA Title III Suits

    San Francisco City and County District Attorney Chesa Boudin and Los Angeles County District Attorney George Gascón have filed a lawsuit in the California Superior Court in San Francisco accusing the Potter Handy LLP law firm of filing thousands of “boilerplate, cut-and-paste federal-court lawsuits that falsely assert its clients have standing under the Americans with... Continue Reading
    May 6, 2022
  • Circuit Courts Split on Standing to Sue in ADA Title III Website Accessibility Claims

    On standing to sue under Title III of the Americans with Disabilities Act (ADA), two U.S. Circuit Courts have arrived at opposite conclusions where the plaintiffs did not allege any concrete injury and said they had no intention of visiting the hotels whose websites were the subject of their accessibility lawsuits. The courts based their... Continue Reading
    April 20, 2022
  • Justice Department Breaks its Silence Regarding Website Accessibility

    The Department of Justice (“DOJ”) issued Guidance on Web Accessibility and the ADA (the “Guidance”) regarding website accessibility under Title III of the Americans with Disabilities Act (“Title III”).  The Guidance explains at a high-level how state and local governments (entities covered by Title II of the ADA) and places of public accommodation (entities covered... Continue Reading
    March 22, 2022
  • U.S. Supreme Court Puts OSHA COVID-19 Vaccine-Or-Test ETS Back on Ice

    the U.S. Supreme Court has granted a temporary stay of the OSHA Emergency Temporary Standard. Read more. Continue Reading…
    January 14, 2022
  • U.S. Supreme Court Puts OSHA COVID-19 Vaccine-Or-Test ETS Back on Ice

    In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). The Court described the standard as a “blunt instrument” demanding most employers to require two-thirds of the American workforce to receive COVID-19 vaccinations or otherwise undergo weekly testing. The justices tipped... Continue Reading
    January 13, 2022
  • What Does The CDC’s Latest Mask Guidance Mean For Businesses Open to the Public?

    The Centers for Disease Control and Prevention’s (CDC) latest guidance that fully vaccinated people no longer need to wear masks or social distance in many settings raises questions for businesses in retail, hospitality and other settings open to the public. Last week, we discussed considerations for businesses considering relaxing their mask and social distancing policies... Continue Reading
    May 19, 2021
  • What Does The CDC’s Latest Mask Guidance Mean For Businesses Open to the Public?

    The Centers for Disease Control and Prevention’s (CDC) latest guidance that fully vaccinated people no longer need to wear masks or social distance in many settings raises questions for businesses in retail, hospitality and other settings open to the public. Last week, we discussed considerations for businesses considering relaxing their mask and social distancing policies... Continue Reading…
    May 19, 2021
  • Federal Disability Discrimination Law Does Not Require Websites Be Accessible, Appeals Court Holds

    A website is not a “place of public accommodation” and an inaccessible website is not necessarily equal to the denial of goods or services, a federal appeals court has held in a groundbreaking decision on disability discrimination under Title III of the Americans with Disabilities Act (ADA). Gil v. Winn-Dixie Stores, Inc., No. 17-13467 (11th Cir. Apr.... Continue Reading
    April 12, 2021

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