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Showing posts with the label Jones Walker

Accessibility of Web Content and Mobile Applications: How the ADA Title II Final Rule Applies to Municipal Pension Plans

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Background and Legal Framework On April 24, 2024, the US Department of Justice (DOJ) published a final rule in the Federal Register amending its regulations implementing Title II of the Americans with Disabilities Act (ADA). T his rule establishes, for the first time, specific and enforceable technical standards governing the accessibility of digital services provided by state and local governments, including websites and mobile applications. Title II of the ADA has long required that public entities ensure that individuals with disabilities are not excluded from participation in, or denied the benefits of, governmental services, programs, or activities. The Final Rule clarifies and ensures people with disabilities have access to state and local governments’ services, programs, and activities available on digital services, including websites and mobile apps. Technical Standard for Compliance The Final Rule adopts the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA, w...

ADA Implications of Potential Marijuana Rescheduling

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In December 2025, President Trump  issued an Executive Order  directing the Department of Justice to complete the rulemaking process to move marijuana from a Schedule I to a Schedule III controlled substance under the federal Controlled Substances Act.   While the Executive Order is aimed at legalizing marijuana research and does not change the current law, it may significantly impact how employers address medical marijuana in the workplace under the Americans with Disabilities Act (ADA).   Accordingly, employers should understand that existing legal obligations and workplace policies are not yet affected.  Over the last ten years, with a majority of states legalizing the use of medical marijuana to treat debilitating conditions, employers throughout the country have been forced to answer whether they have to accommodate an employer’s lawful use of medical marijuana during non-working hours . The answer to this question has been contingent on the state where th...

DOL Unveils Unified Agenda Highlighting Potential OSHA Rule Changes

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On September 4, 2025 the  Department of Labor (DOL) announced its Unified Agenda of Regulatory and Deregulatory Actions . The purpose of the agenda is to inform the public about regulations that the Administration is considering revising.   As part of the agenda, the DOL plans to revise numerous Occupational Safety and Health Administration (OSHA) standards by clarifying provisions believed to be hindering technological and economic development. Notably, the agenda remains focused on establishing a Heat Injury and Illness Prevention standard for outdoor and indoor settings. In addition, there appears to be no effort to narrow the use of the general duty clause. Employers are reminded to review internal safety policies to ensure they align with OSHA standards, properly train supervisors and HR professionals, and engage with workplace safety OSHA counsel to proactively identify and address potential hazards. “Eliminating red tape and crafting smart regulations that spur job cre...