The past year has seen quite a few changes in labor and employment law, but with the New Year having just rung in, it’s time to look forward rather than backward. The question on the tip of everyone’s tongue is: what’s next? Here are our predictions for what to expect in 2019 when it comes to workplace law.
Expect More Class Actions We’re going to start out with the bad news. Because of the potential for a big payout, class and collective actions are a favorite for plaintiffs’ attorneys. You should not expect that to change in 2019.
The California Supreme Court’s decision in Troester v. Starbucks Corporation has opened up even more avenues for potential
wage and hour claims in the Golden State, and the trend could hit the rest of the country, too.
Keep up with the latest and dive into all areas of hospitality news through our ConvergeBlog with new articles posted each week.
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ADA Lawsuits Targeting Hotels' Websites For Not Disclosing How Accessible They Are
January 22, 2018 via Miami Herald
The suits state that the hotels violated the Americans With Disabilities Act because their websites’ reservations systems "fail to provide information about the accessible features of the hotel and its rooms to persons with disabilities."
Explicitly Excluding Evidence of Implicit Bias in Employment Cases
January 2019 via Post & Schell
Imagine a case where an employer is found liable for discrimination not because of explicit or clearly delineated discriminatory animus but rather due to the alleged perception that the decision makers were influenced by unconscious stereotyping. This is the risk of "implicit bias" evidence—and this is, as they say "not a test." A number of courts have allowed implicit bias evidence to support claims of discriminatory animus.
