Court Ruling Further Clarifies ADA Website Accessibility Obligations
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
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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.
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