New York District Court Ruling May Provide Relief to Some Companies Facing Claims Over the Accessibility of Their Websites
A recent trial court decision offers some encouragement for certain businesses facing the ongoing wave of litigation in which plaintiffs are asserting claims under Title III of the Americans with Disabilities Act (ADA) that companies have failed to make their websites sufficiently accessible to individuals with disabilities. In Winegard v. Newsday, a New York federal court held that a website, by itself, when not a “service” of a physical place of public accommodation, is not covered by the ADA. Learn More
New York Designates COVID-19 as a Highly Contagious Communicable Disease, Triggering NY HERO Act Obligations
On September 6, 2021, the New York State commissioner of health designated COVID-19 as a highly contagious communicable disease, thereby triggering certain requirements under the New York Health and Essential Rights (HERO) Act. Previously, employers were required to adopt an airborne infectious disease exposure prevention plan by using the state’s model plan or drafting a plan that met the state’s minimum requirements, but employers were not obligated to implement the plan. With the commissioner of health’s formal designation of COVID-19 as a “highly contagious communicable disease,” employers must now implement their New York HERO Act airborne infectious disease exposure prevention plan. This plan includes certain safety measures for the workplace, such as scheduled housekeeping and disinfection schedules, providing PPE to employees, and requiring health screenings for all employees. Learn More
U.S. House Poised to Add Civil Penalties to National Labor Relations Act
With supporters of the Protecting the Right to Organize (PRO) Act unable to advance the legislation under the regular rules of the Senate, they are now attempting to move pieces of the legislation by way of special rules relating to the federal budget. Legislative language released on September 8, 2021 indicates that provisions in the PRO Act imposing civil penalties for unfair labor practices (ULPs), and the creation of new ULPs, will be included when the House takes up “budget reconciliation” in the near future. Learn More
Proof of Vaccination Will Soon Be Required to Gain Access to Certain Public Settings in Ontario, Canada
In response to the fourth wave of the COVID-19 pandemic driven by the Delta variant, Ontario announced that commencing September 22, 2021, people will be required to be fully vaccinated (i.e., two doses plus 14 days) and provide proof of their vaccination status and photo ID (e.g., driver’s license or health card) to access certain businesses and settings. Learn More
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