Senate Dems Save Drive-by Lawsuits

Senate Democrats have formed a filibuster proof bloc of 43 Senators opposing a bill passed by the House in February that adds new provisions to the Americans with Disabilities Act (ADA). The group of Senators advised Senate Majority Leader Mitch McConnell in a letter signed by all 43 this week that they will not allow…

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House Passes ‘drive-by lawsuit’ Fix

The US House of Representatives yesterday passed HR 620, which requires that business owners be given details about alleged ADA violations and a time to cure the default before a lawsuit can be initiated. The ADA Education and Reform Act of 2017, which has long been a priority of the Coalition of Franchisee Associations (CFA),…

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When Is Reasonable Reasonable?

As we’ve cautioned in the past, the Americans with Disabilities Act is a federal law to which small business owners must pay particularly close attention. We’ve advised in prior issues of so-called “drive-by lawsuits”, where individuals use the ADA as a club by which to extort settlements from business owners. But, the law has real…

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EEOC Clarifies Wellness Programs

There has long been a conflict on wellness programs between the Equal Employment Opportunity Commission and the provisions of the Affordable Care Act – with employers caught in the crossfire. It would appear that at long last, EEOC has clarified the provisions as relates the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination…

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From Drive-by Lawsuits to Drive-Thru Discrimination

You might wonder whether we’ve gone too far in our quest to even every playing field with a new lawsuit filed against McDonalds alleging that their requirement that customers going through the drive-thru must have a car is discriminatory.  The suit was filed by a blind man from Louisiana, Scott Magee. Magee claims he’s being…

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Feeling the Squeeze: Franchisees Face Costly State Laws & Regs

Rising health care premiums. Minimum wage increases. Paid sick leave. Bans on large sugary drinks and Styrofoam containers. Running a business has plenty of challenges even before the government gets involved. And get involved they have: federal, state, and local governments are all looking for ways to squeeze more money out of businesses and individuals,…

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