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In a decision that creates new hurdles for website accessibility lawsuits under the Americans with Disabilities Act (ADA), on April 7, 2021, the US Court of Appeals for the Eleventh Circuit ruled that websites do not constitute places of public accommodation under Title III of the ADA. Moreover, to violate Title III an inaccessible website must create an “intangible barrier” to a disabled individual’s actual ability to access and enjoy equally the goods and services of a physical place of public accommodation.
Gil v. Winn-Dixie Stores, Inc., 17-13467 (11th Cir. April 7, 2021), takes a narrow view of the applicability of the ADA that is likely to have a significant impact on the viability of website accessibility lawsuits in the Eleventh Circuit. The decision also further highlights a split among the circuits regarding the applicability of Title III to websites and invites the United States Supreme Court to resolve
Part 2: New Labor & Employment Laws for Businesses and Public Agencies in 2021
While much of the legislation state lawmakers passed in 2020 was in response to the COVID-19 pandemic, California also adopted an array of labor and employment laws expanding new leave and pay reporting mandates and carving out further exemptions to Assembly Bill 5’s independent contractor classifications.
In Part 2 of our annual Labor & Employment Legal Alert series, Best Best & Krieger LLP looks at the most critical workplace-related legislation passed in 2020 to ensure California employers stay up to date, and in compliance, with state law. Unless otherwise noted, all laws went into effect Jan. 1.
Part 1: New Labor & Employment Laws for Businesses and Public Agencies in 2021
California lawmakers and regulatory agencies spent the greater part of 2020 responding to the coronavirus pandemic, passing legislation, creating regulations and issuing mandates and executive orders impacting both public and private employers.
In Part 1 of this annual Labor & Employment Legal Alert series, Best Best & Krieger LLP provides California employers updated information on the state’s COVID-19 regulations and legislation impacting workplaces. Unless otherwise noted, all California laws went into effect Jan. 1.
COVID-19 and the legislation enacted in response to the pandemic will continue to impact workplaces in 2021 and beyond. Many of the laws explored below do not expire until 2023.
Part 1: New Laws Impacting California Public Agencies for 2021
With the unique challenges that 2020 brought, California lawmakers passed bills that addressed both the State’s ongoing problems, as well as laws responsive to the public health and economic crisis brought by COVID-19 and social justice issues. Public agencies in California were not immune to these critical problems and, as such, some of the new laws directly impact how local government agencies, including cities, counties and special districts, operate.
In our annual Legal Alert series, Best Best & Krieger LLP provides California public agencies with summaries of some of the most critical legislation to ensure they stay in compliance while working to serve their communities. All laws went into effect Jan. 1, unless otherwise noted. Where previous Legal Alerts on any new law or groupings of laws, links are provided to those.
Beginning in January 2022, this measure requires local governments to include medium- to high-density housing for moderate and above moderate-income households in general plan regional housing elements. The purpose of this measure is to increase housing density for higher income earners to facilitate the construction of additional housing units. Specifically, in metropolitan but not unincorporated areas, a local government must identify 25 percent of its sites for moderate income and 25 percent of its sites for above moderate income to be allocated to sites zoned for at least four units of housing, instead of single-family housing. The four units would be in addition to permissible accessory dwelling units or junior assessor dwelling units. The allocation of housing to sites according to this measure cannot be the basis for local government to deny a project that does not comply with the allocation. In addition, a local government may not impose an exaction or condition of approval i