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
M. Brett Burns
The Next Wave of Accessibility Litigation in the Retail Industry: Braille Gift Cards
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 (ADA). 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. Of these cases, a total of 1,564—over 69 percent—were filed in New York federal courts by just a handful of lawyers, including Jeffrey Gottlieb, Bradley Marks, C.K. Lee, Joseph Mizrahi, Jonathan Shalom and Doug Lipsky, with a surge following two unsuccessful motions to dismiss in cases involving Five Guys and Blick Art.
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Latest DOL Guidance Sanctions Rounding Practices
On July 1, 2019, the Department of Labor (“DOL”) issued an opinion letter regarding permissible rounding practices under the Service Contract Act (“SCA”). While the SCA governs government contractors, the DOL’s guidance is nevertheless helpful to retailers because the SCA incorporates Fair Labor Standards Act (“FLSA”) rounding principles, which are applicable to them.
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New California Proposition Seeks to Expand Paid Sick Leave Requirement from Three to Five Days
A newly proposed amendment to the Healthy Workplace Healthy Family Act of 2014 would expand paid sick leave to require employers to provide 40 hours, or 5 days, of sick leave by the employee’s 200th calendar day of employment. Additionally, employers are only able to cap the amount of paid sick leave a worker earns to 80 hours, or 10 days. Finally, the employer is required to allow an employee to carry over up to 5 days of sick leave into the following year of employment. This amendment would necessarily have a negative impact on California retailers, both large and small. …
Continue Reading New California Proposition Seeks to Expand Paid Sick Leave Requirement from Three to Five Days
California Chamber of Commerce Identifies First “Job Killer” Bills of 2019
Each year, the California Chamber of Commerce (“Chamber”) 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. Both bills would negatively impact retailers in California.
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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. …
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Website Accessibility Update: Eleventh Circuit Holds a Private Settlement with One Plaintiff Will Not Moot a Nearly Identical Lawsuit By Another
Recently, the Eleventh Circuit held that a private settlement entered into by Hooters and a first-filed plaintiff did not moot a nearly identical, later-filed website accessibility lawsuit by a different plaintiff. This case underscores the importance of quickly remediating website accessibility issues, as well as taking care to draft settlement agreements to maximize arguments that future lawsuits are barred.
Continue Reading Website Accessibility Update: Eleventh Circuit Holds a Private Settlement with One Plaintiff Will Not Moot a Nearly Identical Lawsuit By Another
Oregon Becomes Latest Jurisdiction and First State to Enact Predictive Scheduling Law
On July 1, 2018, the majority of Oregon’s Fair Work Week Act (also known as Oregon’s predictive scheduling law) will go into effect and will add significant challenges and costs for retailers. …
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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. If passed, the bill would amend the ADA to provide a notice and cure period. …
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Federal Court Rules Inaccessible Website Violates Title III of the ADA
More and more website accessibility cases are being threatened and filed every day. Most, not unexpectedly, settle. Winn-Dixie v. Juan Carlos Gil did not, and what happened next is worth a closer look.
Continue Reading Federal Court Rules Inaccessible Website Violates Title III of the ADA