In today's digital-first world, businesses face growing legal exposure on multiple fronts, many of which intersect in unexpected ways. For companies operating in New York City, two significant areas of vulnerability are Americans with Disabilities Act (ADA) website accessibility compliance and wage and hour employment claims.
While these issues may seem unrelated on the surface, they share some striking parallels and practical overlaps that businesses should be aware of to avoid costly litigation.
The Expanding Scope of ADA Website Compliance
The ADA, initially enacted in 1990, has evolved far beyond its original focus on physical accessibility. Today, the Department of Justice (DOJ) and numerous courts interpret Title III of the ADA to apply to business websites and mobile apps, requiring digital properties to be accessible to individuals with disabilities.
WCAG (Web Content Accessibility Guidelines) 2.1 Level AA has become the de facto standard for measuring ADA website compliance. Sites that fail to meet these standards may face lawsuits from individuals with visual, auditory, or motor impairments who cannot easily navigate digital content.
According to UsableNet's end-of-year report, digital accessibility lawsuits reached 4,187 in 2024, with 2025 on pace to hit 4,975 lawsuits by the end of the year.
Download the full 2025 Midyear ADA Lawsuit Report here.
Figure: Growth in ADA digital accessibility lawsuits from 2018 to 2025 (estimated).
The number of web and mobile accessibility cases has increased steadily
Why NYC Businesses Are Particularly at Risk
New York City has become a hotbed for ADA digital accessibility claims due to several factors:
- High volume of small businesses with consumer-facing websites
- A well-organized plaintiffs' bar actively filing accessibility claims
- Judicial precedent generally favors website accessibility under Title III
At the same time, many of these same businesses are heavily dependent on hourly labor, often employing workers who may also bring wage and hour claims under state and federal law.
The Growing Threat of Wage & Hour Litigation
New York State's wage and hour laws are among the most protective in the country. Wage theft, unpaid overtime, misclassification of independent contractors, and failure to maintain proper payroll records are frequent sources of legal exposure for employers.
The Department of Labor (DOL) and private plaintiffs frequently pursue claims under:
- New York Labor Law (NYLL)
- The Fair Labor Standards Act (FLSA)
- Misclassification statutes for contractors vs. employees
In recent years, many NYC employers have faced class action claims seeking significant back pay, liquidated damages, and attorneys' fees — often resulting in settlements exceeding six figures.
Parallel Risks: ADA and Wage & Hour Compliance
| Issue |
ADA Website Compliance |
Wage & Hour Claims |
| Strict Liability Terms |
Courts rarely require intent to establish ADA violations. |
Employers may violate wage laws without bad faith. |
| High Volume of Plaintiff's Counsel | Many plaintiffs’ firms actively target ADA violations. | Numerous firms specialize in wage theft litigation. |
| Fee-Shifting Provisions | Defendants may be required to pay plaintiffs’ legal fees. | FLSA and NYLL mandate attorneys’ fees for employees. |
| Class Action Potential |
ADA claims may involve injunctive relief on a class-wide basis. |
Wage claims often proceed as collective or class actions. |
| Compliance Complexity | Evolving WCAG standards create ongoing technical obligations. |
Complex and changing federal, state, and city laws govern wages and hours. |
Proactive Compliance Can Protect Against Both
The good news is that proactive compliance measures can mitigate both risks simultaneously. For example:
- Website Accessibility Audits: Investing in a qualified accessibility audit can reduce ADA exposure. Vendors like UsableNet provide comprehensive digital accessibility services to help businesses align with WCAG standards.
- Wage & Hour Compliance Reviews: Conducting internal payroll audits and consulting experienced employment counsel can uncover misclassification or wage violations before they lead to litigation.
- Training for HR and IT Staff: Educating staff about legal requirements on both fronts helps reduce inadvertent violations.
- Vendor Agreements: Ensuring that web developers and payroll processors are contractually obligated to comply with ADA and wage regulations can provide an additional layer of protection.
Why Overlapping Compliance Pays Off
Often, businesses wait until a demand letter or lawsuit arrives to address these risks, but by that point, options are limited and expensive. Investing early in ADA accessibility and wage law compliance may seem costly upfront, but it's far cheaper than defending simultaneous lawsuits on both fronts.
For example, our firm, The Samuel Law Firm, has seen firsthand how businesses that take proactive steps often avoid becoming easy targets for serial plaintiffs.
New York continues to lead in volume of digital accessibility cases, with over 1,400 lawsuits filed in the first half of 2025, nearly five times more than California and Florida combined.
Conclusion
ADA website compliance and wage & hour laws may target different conduct, but both reflect a broader shift toward aggressive regulatory enforcement and private litigation. In New York City, where plaintiffs' lawyers are well-organized and courts tend to favor plaintiffs, businesses must remain vigilant.
By treating compliance holistically — addressing both digital accessibility and employment practices — businesses can significantly reduce their legal exposure and focus on growth rather than defense.
Stay Ahead of Legal Trends with UsableNet's 2025 Midyear Report
Explore the latest developments in digital accessibility litigation and discover why proactive compliance is essential.
