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 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
New York City has become a hotbed for ADA digital accessibility claims due to several factors:
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.
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:
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.
| 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. |
The good news is that proactive compliance measures can mitigate both risks simultaneously. For example:
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.
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.
Explore the latest developments in digital accessibility litigation and discover why proactive compliance is essential.