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Judge rejects 99 ADA lawsuits against businesses throughout Albuquerque, New Mexico. The lawsuits, labeled as malicious and filed in bad faith, are the result of online advertisements designed to lure disabled plaintiffs into filing ADA lawsuits and harass business defendants into settlements. The recommendation to dismiss the cases suggests the plaintiff may be liable for almost $40K in filing fees, and opens the door for the 99 affected businesses to request sanctions against the plaintiff’s lawyer. Jim Butler and the ...

Heat illnesses are preventable but if left unchecked, heat illness can rapidly lead to serious health-threatening situations or death. People suffer heat-related illness when their bodies are unable to compensate and properly cool themselves. Outdoor activity during high temperatures must be balanced with measures that aid the body’s cooling mechanisms. Drinking fluids to prevent dehydration, replenishing salt and minerals, and limiting time in the heat can help. Staying cool and making simple changes in fluid intake and clothing during hot weather can ...

A nationwide preliminary injunction has been issued blocking the implementation of the Department of Labor’s expanded overtime rule that was to go into effect December 1, 2016. Employers are no longer required to implement the rule by December 1, 2016 deadline. The injunction will remain in place pending further order of the district court or an appellate court. Assuming the injunction outlives the remainder of President Obama’s term, it is uncertain what measures President Trump will take to correct the ...

Active shooter events are unpredictable and filled with confusion.  They evolve very quickly. With active shooter incidents increasing at alarming rates, it is time for employers to prepare. Although it is impossible to prevent one of these events, prevention and preparedness policies and procedures will protect the workplace and minimize the loss of life. In addition, employees need to react rationally despite the chaos. Continuous employee awareness training along with active shooter training is key to an overall successful plan. ...

Experts say a handful of industries, including hospitality and retail, will likely shoulder the largest share of wage increases. The US Department of Labor released its final changes to the overtime exemption rule Wednesday more than doubling the salary threshold. The new salary threshold, up from $23,600 per year to $47,476 per year, begins December 1, 2016. WilsonElser, Angela M. Duerden, roles out key provisions.

On May 18, 2016, President Obama and Labor Secretary Perez announced the long-awaited publication of the ...

Although smart phones have improved customer service and elevated employee efficiencies, they have also increased distractions in the workplace and potential legal risks to employers for employee acts.  A skillfully constructed and executed cell phone usage policy will not only set expectations for incoming employees, it will also address serious issues concerning the safety, security, and privacy of cell phone use in the workplace. Inside Counsel, Kathryn Willis & Matthew T. Scully explain why employers should be vigilant with their ...

Cybercrime escalated and expanded swiftly in 2015 and will only continue to soar in 2016.  The severity and quantity of attacks across the globe lead many top notch officials to believe that cybercrime is professional and organized and is no longer a question of “if” but “when.” Although all businesses are likely on the radar, the hospitality industry continues to be a high-value target. At this point, it is not foreseeable that cybercrime will ever go away.  There is a ...

What exactly is a working dog, and how can you tell if someone’s service dog is fake?

You see them in stores, coffee shops, hotels, on airplanes and even in restaurants. Service dogs are helping people with a wide variety of disabilities today. Even though the ADA is quite clear in its legal definition of a service animal, there continues to be a broad misunderstanding and confusion of what does and does not constitute a service animal. Mother Nature ...

544 firefighters fought the blaze…87 people lost their lives, including 14 firefighters, and over 700 others suffered injuries during the MGM Grand Fire of November 21, 1980. Although great strides have been made in fire-safety since that dark day in November of 1980, much more can and needs to be done, and there is much more to be learned by many. Fire-safety should be a top concern at all hotels across the United States as well as around the globe. ...

Newly revised guidelines by OSHA encourage employers to implement workplace plans and to take a proactive approach to finding and fixing hazards before they cause injury, illness or death. OSHA is encouraging comments on the updated Safety and Health Program Management Guidelines through February 15, 2016. Safety.BLR.com, Emily Clark, points out the key elements.

OSHA recently released a draft updated version of its voluntary Safety and Health Program Management guidelines and is seeking public comment on the revisions. Keep reading to ...