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February 2019's Converge Newsletter
Court Ruling Further Clarifies ADA Website Accessibility Obligations
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February 1, 2019 via Conn Maciel Carey

Now, for the first time, a U.S. Court of Appeals has ruled on this issue. In Robles v. Domino’s Pizza, the plaintiff alleged that Domino’s was discriminating against him by preventing him from being able to use the website in violation of the ADA because his screen-reading software was not compatible with Domino’s website. On January 15, 2019, the Ninth Circuit issued its decision agreeing with the plaintiff and affirming the lower court’s decision finding that the ADA applies to Domino’s website. In particular, the Ninth Circuit held that Domino’s violated Title III of the ADA because its website’s incompatibility with screen reader software impedes access to the goods and services of its physical pizza franchises. In so holding, the Ninth Circuit rejected Domino’s argument that the Justice Department’s failure to offer formal guidance on the website’s ADA status violated its Fifth Amendment right to due process. As a result, the Ninth Circuit has now become the first federal appeals court to embrace the "nexus" approach to website accessibility as set forth in the Winn-Dixie case.

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Alcohol Delivery Can Be A Boon For Eateries As Off-Premise Dining Grows

January 21, 2019 via SmartBrief
More states will likely pass laws around alcohol delivery as the service gains prevalence. Most regulations are concerned with making sure customers are of the legal drinking age. Pizza Hut trained its delivery drivers how to check and verify IDs, and new technology could make ID verification easier.
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Servers Can Perform Side Work Without Risking The Tip Credit

February 20, 2019 via Laner Muchin

The USDOL advised its offices that it will no longer prohibit employers from taking the tip credit based on the amount of time a tipped employee spends performing "non-tipped duties" (i.e., side work) that is related to a tipped occupation either during their shift or "a reasonable time immediately before or after" their shift.
Laner Muchin
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Quick Fixes for Common Restaurant Workplace Risks
January 2019 via QSR Magazine

On-the-job injuries and illnesses not only impact the injured employee but can lead to potentially higher workers’ compensation insurance premiums, lost productivity and out-of-pocket expenses for the business. That’s why it’s important for restaurant owners to develop a culture of safety in the workplace.

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