FAILURE TO PROVIDE A BLIND-ACCESSIBLE WEBSITE MAY CONSTITUTE DISCRIMINATION UNDER THE AMERICANS WITH DISABILITIES ACT

In the case of National Federation of the Blind, et al. v. Target Corporation, 2006 U.S. Dist. Lexis 63591 (N.D. Cal. 2006), a class action lawsuit has been brought against Target arguing that the retailing giant’s website, Target.com, is not accessible to the blind and, hence, is in violation of Title 3 of the Americans with Disabilities Act.

The district court has denied Target’s motion to dismiss on the grounds that the complaint alleges a sufficient nexus between Target.com and Target’s “brick and mortar” stores.  The district court’s decision means that Target will have to go through a full round of discovery and, potentially, motions and trial as to whether its website is indeed accessible to the blind.

Regardless of how the district court case ends, we can expect that this decision will go up on appeal, especially with regard to “public accommodation” translation supplied by the district court. Any business that utilizes a website, in whole or in part, to sell its goods and services should continue to observe the progress of this case, as it could have far-reaching consequences.

NEW YORK LAW NOW REQUIRES PROOF OF AGE FOR ALL EMPLOYEES BETWEEN THE AGES OF 18 AND 25

Under New York Labor Law, all employees under the age of 18 have traditionally been required to produce a set of so-called “working papers”, which the employer is required to keep on file and produce to the New York Department of Labor on demand.

As of December 15, 2005, New York Labor Law requires that all employers keep on file proof of age of all employees claiming to be between the ages of 18 and 25. Proof of age must be in the form of either  a) a driver’s license or other documentation issued by any state or federal government, or  b) a certificate of age issued by an employment certificating official. This proof, kept on file, constitutes evidence that the employee has reached the stated age. Failure to do so could result in a Child Labor Law violation.

NEW YORK COURT OF APPEALS REJECTS “PRODUCT LINE” EXCEPTION TO SUCCESSOR LIABILITY LAW

In an unanimous opinion, the Court of Appeals has rejected the “product line” exception to successor liability law. Resolving a spilt between the First and Third Departments of the Appellate Division, the Court of Appeals has ruled that a corporation purchasing another corporation’s assets is not liable for the seller’s torts simply because the purchaser has continued the output of the seller’s line of products.

With this decision, New York joins the majority of states that have rejected the “product line” exception. (One major exception to the general rule exists in California, which has followed the “product line” exception since 1977.) Here, the Court of Appeals has taken a business-friendly viewpoint in deciding that any such change in the law should come from the legislature.

IRS INCREASES PENSION PLAN LIMITATIONS FOR 2007

The Internal Revenue Service has recently announced cost of living adjustments applicable to dollar limitations for pension plans and other items for Tax Year 2007.

For example, the limitation under Section 402(g)(1) on the exclusion for elective deferrals described in Section 402(g)(3) is increased from $15,000 to $15,500.  This limitation affects elective deferrals to Section 401(k) plans and to the Federal Government’s Thrift Savings Plan, among other plans. The limitation on the annual benefit under a defined benefit plan under Section 415(b)(1)(A) is increased from $175,000 to $180,000. The limitation for defined contribution plans under Section 415(c)(1)(A) is increased from $44,000 to $45,000.

Several other limitations have also been raised.  Each are detailed on the Internal Revenue Service's website : www. irs.gov.

"DISPOSAL OF PERSONAL RECORDS LAW" SET TO TAKE EFFECT

On December 4^th, 2006, the "Disposal of Personal Records Law" will take effect in New York. In an effort to curb the growth of identity theft, this law requires all employers to take extra steps when disposing of documents and records containing personal identifying information of their employees, such as Social Security numbers and driver's license numbers.

Under the new law, such records, when marked for disposal, will have to be destroyed or altered pursuant to the standards.   The best way to conform to these standards will be to shred all documents and records that may contain sensitive information

NEW YORK LAW RESTRICTING VIDEO SURVEILLANCE OF
EMPLOYEES GOES INTO EFFECT

Earlier this year, New York passed a law restricting the ability of employers to videotape employees in restrooms, locker rooms, or any other area where they may be changing their clothes.

Any such surveillance in the future will require a court order.  Violation of the new law provides an employee with the right to sue for damages and attorney's fees.  Employers should also understand that, in that such surveillance is now illegal, the footage gained will no longer be admissible in cases involving the employee, such with discrimination or wrongful termination matters.