ADA Access Demand Letters Rear Their Ugly Heads

| posted in Blog

Despite the fact that a law was enacted in 2013 to curtail “drive-by” Americans with Disabilities Act access lawsuits, the practice has been revived by crafty plaintiff attorneys. According to recent news reports, employers still receive letters from lawyers who demand payment on behalf of disabled clients in exchange for not suing the establishment for violating ADA access rules. The lawyers are banking on the business owners not knowing a law that took effect in 2013 that bars attorneys from making monetary demands in initial letters complaining about a possible ADA violation. If you have a business that deals with…
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’Surf-by’ ADA Lawsuits Could be Next Legal Trap for Businesses

| posted in Blog, Newsletter

No doubt you’ve heard of the “drive-by” Americans with Disabilities Act lawsuits that are filed by plaintiffs who see ADA violations at businesses (like entrances that are inaccessible by wheelchair) just by driving by the location. Now, recent court decisions could pave the way for a new class of ADA claims where disabled individuals have trouble navigating a company’s website – call them “surf-by” claims. Courts recently ruled in favor of plaintiffs who have sued retailers – in two separate lawsuits – claiming violations of Title III of the ADA by having websites that could not be used by disabled…
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Final Regulations for Wellness Plans Limit Incentives at 30%

| posted in Blog

The U.S. Equal Employment Opportunity Commission has released final regulations for employer-sponsored wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act. The final rules take effect at the start of 2017 and affect all wellness plans for employees and their family members, even those plans that don’t also require enrollment in a health plan. The final rules cover: • The amount and type of incentives employers can offer. • Notice requirements. • The definition of voluntary. • Protection of medical information that the plans collect. Here we look at the new rules: Incentives Under…
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