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Donning, Doffing and PPE: The Compensability of Pre-Shift and Post-Shift Activities

USA - May 28 2020 The Fair Labor Standards Act (FLSA) and state wage and hour laws require businesses to record and pay their nonexempt employees for all “compensable…

Ninth Circuit Rejects Due Process and Primary Jurisdiction Arguments in ADA Website Accessibility Case

USA - January 17 2019 The 9th U.S. Circuit Court of Appeals reversed a district court’s dismissal of the Plaintiff’s ADA claim pursuant to the primary jurisdiction…

Matthew J. Fedor, Andrew L. Van Houter

The 11th Circuit Holds Prior Settlement in Website Access Case Does Not Moot Identical Second Lawsuit Seeking the Same Injunctive Relief

USA - June 25 2018 Retailers and other companies have been besieged by lawsuits alleging that their websites are not accessible to visually impaired users in violation…

Matthew J. Fedor, Kate S. Gold

Justice Gorsuch Casts Deciding Vote Rejecting NLRB’s Prohibition on Class Action Waivers

USA - May 22 2018 In a long-awaited decision, the United States Supreme Court, by a 5-to-4 vote, overturned the National Labor Relations Board’s (the “Board”) ruling…

Michael P. Daly, Kate S. Gold

Congress Attempts to Offer Relief to Businesses Faced with ADA Access Lawsuits

USA - February 23 2018 Title III of the Americans with Disabilities Act (ADA) requires “places of public accommodation,” such as retail businesses and restaurants, to be…

Matthew J. Fedor, Kate S. Gold