Charles Walters and Paul Kehoe Published in Hospitality Law
“Expect Increased Government Enforcement of Employment Laws”

Charles Walters and Paul Kehoe’s article, “Expect Increased Government Enforcement of Employment Laws,” was published in the February 1, 2010 issue of Hospitality Law. Their article discusses the reasons why the hospitality industry must adapt to recent employment legislation.

According to their article, the Obama administration has moved away from the compliance assistance model prominent during the prior administration and has rededicated government agencies to enforcing federal employment laws. The authors note how the Lilly Ledbetter Fair Pay Act changed the statute of limitations under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Rehabilitation Act, by restarting the statute of limitations clock each time an allegedly aggrieved employee receives a paycheck. They also describe how the ADA Amendments Act broadly expanded the definition of "disability" to protect employees and applicants with substantially limiting physical or mental impairments.

The authors illustrate how the employment law regulatory and legislative landscape has already changed dramatically, and it will undoubtedly change even more in 2010 and beyond as Congress, the White House, and recently enlarged and empowered government agencies push for increased employee rights and protections. The authors note that employers who do not adjust to this new legal environment will face even greater challenges in these already tough economic times.