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Jan 09 2019

Trend of Class Action Lawsuits Alleging Company Websites Discriminate Against Disabled Individuals Expected to Continue in 2019

Business owners beware: 2019 promises an increased number of Federal class action lawsuits alleging that company websites and point-of-sale terminals ("POS") violate Title III of the Americans with Disabilities Act ("ADA"). A business owner can end up paying substantial monetary damages and attorneys' fees, in addition to the expense of redesigning and modifying their business platform to accommodate the plaintiffs.

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Dec 10 2018

With Wide-Spread Legalization of Marijuana, Has A Public Employer's Ability to Test for Marijuana Gone up In Smoke?

As of the November 2018 elections, the District of Columbia and ten states have legalized marijuana for recreational or other permissible use. Canada also implemented nation-wide legalization of marijuana for recreational use as of October 17, 2018. These developments have left many employers wondering whether they may enforce the employer's drug policy with respect to employees or applicants who claim they visited one of the aforementioned locations and, upon return, test positive for tetrahydrocannabinol (commonly referred to as "THC")—the active ingredient in marijuana.

The answer ultimately is "yes," the employer may enforce the employer's drug policy with respect to such employees and applicants; however, there are a few legalities to be aware of.

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