Basics of the Americans with Disabilities Act

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The Americans with disabilities act came up in 1990 and was patterned after Section 504.

1. The basics of the Americans with Disabilities Act (ADA)

This Act was formed to protect Americans living with disabilities against various forms of discrimination. Other atrocities or crimes that may happen to the people living with disabilities are not covered by this Act.

2. What it means

The ADA describes all persons considered as living with disabilities and whom the act would apply to in the areas in takes effects. This act considers several factors so that one can be considered as living with disabilities. One should have a physical or mental impairment that has substantially limited his or her major activities in life, have a record in history of having such impairment is considered as living with disabilities and the Act protects them.

3. What it protects

The ADA Act protects all people said to be living with disabilities from discrimination in several areas mostly in post secondary education in facets that include admissions, academics and also research. It also protects people living with disabilities to have equal employment opportunities, equal opportunities in state and local government activities, accommodation in public transportation and other public amenities, good access to telecommunication services that caters to them specifically. Privately owned accommodations have also a minimum standard for accessibility that they should implement so as to accommodate the persons with disability. Miscellaneous provisions are also made with provisions relating between the ADA Act and other laws and their impacts to the society.

Any complaints or violations committed are addressed by the Department of Justice within 180 days from the date of the alleged discrimination acts were committed. .

4. Requirements

Post-secondary institutions are required by this ADA Act to make allowances and services that will accommodate the persons living with disabilities and ensure they have equal opportunities as the other people. These opportunities come in form of courses, programs and activities that they all undertake. Adjustments and modifications necessary can be done so that all people can be accommodated well.

However, the accommodations should not be to an extent where the educational programs or requirements have to be fundamentally altered them but to just accommodate them and maintain the set standards.

Faculty members and training directors are encouraged by the Act to adopt several Dos and Don’ts that are in line with the Act so that they can help the institutions comply and also challenge stereotypes that are with the public about persons living with disabilities.

Writing Business Contracts

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In business, it is likely you may be in situations that you require to use an agreement and contracts, whether it stick with clients, distributors, tenants, landlords or even additional business partnerships. In brief, a contract is a lawfully joining agreement between individuals of legal age. Having contracts can help protect your business, enable you to conduct business actions with additional ease as well as add a degree of professionalism which you display to consumers as well as business partners.

Before creating up the contract, start having almost all parties work out the terms, the try to be performed, and the price to get paid and also just how payments would be made. Also obtain the legal names, address, and communication information as well as occasionally tax Identity numbers of the celebrations involved with the contract.

If you are preparing the legal document, maintain the language as clear and distinct as possible, to ensure that there are absolutely no miscommunication. Getting a lawyer to review the completed written compose is a good idea.

 

The initial part of the document usually contains the time frame into which the contract is to be entered along with the contact data of the people or even companies involved.

Next, clarify the terms of the contract within the body of the document. Be clear with regards to quality of attempt to be completed along with dates as well as deadlines. Are success reports or even meetings needed through the contract period? Easily explain almost all risks as well as responsibilities of both or even all parties.

The final step is ensuring both parties to approve as well as sign and also date the document, if needed face-to-face with a witness or even attorney. All parties should obtain a copy of the authorized agreement.

While any significant changes are created to the contract, it may be smart to note them in publishing with the addendum authorized by almost all parties involved.

If you work with legal documents routinely, you can really save time by utilizing pre-written contracts which are design by legal experts. There is no need to write the contract by yourself, instead you place the terms of the particular arrangement which you have negotiated with the additional party or parties.

If you really wish to know more about the tips on how to write business contracts then it will be no doubt the best idea to visit http://voneschlaw.com/

Top 5 Legal Issues to Consider When Starting a Business

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If you are planning to start a business, you should also spend some time to look at the legal issues. Every other country in the world, there are legal regulations and restrictions for all businesses. Violation of business laws can result in a fine, closure of business, a jail sentence or other consequences. To ensure that you start off on a bright note, here are the top 5 legal issues to consider when you start a business.

1. Business Structure

Before anything else, you should make a decision on the business structure. Every business is different so you have to determine the most suitable business structure for your purpose. Do you want to register your business as a corporation, S-corporation, partnership, limited partnership, limited liability company or sole-proprietorship? Each form of business structure will provide a different tax structure so you need to find out which is the beneficial for your business. It’s also helpful to look at your business’ liability issues.

2. Business Name

The name of your business is a very important matter because consumers will identify your products and services by that name. Coming up with an original, catchy business name is already hard enough but you will also have to check to see if that same name already belongs to another company. After you have decided on your business name, go to the Office of the Secretary of State to conduct a name search. In the event that your business name is not used by another business, it means that you have the right to reserve the name for 120 days. During this time, you can prepare the articles of organization, articles of corporation or a partnership agreement, whichever suits your case.

3. Business Licenses

To operate your business legally, you will need to get at least a business license as well as tax registration. Other licenses or permits may also be required, depending on the nature of your business. If you are operating a food business, you are requires to get a retail food license, bakery license, meat license, non-alcoholic beverage license, dairy operator’s license, bakery distributor license or domestic kitchen bakery license, relevant to the scope of your business. Check with your local authorities to find out the types of licenses needed to run your business.

4. Non-Disclosure Agreements

Confidentiality is an important aspect of business relationships. Whether it’s a contract with your suppliers or an intricate financial arrangement, non-disclosure agreements can be used to protect your business. In your dealings with these outside companies, you will be sharing some information which may be sensitive or integral to the success of your project. For this reason, it’s important to get these companies to sign non-disclosure agreements.

5. Zoning

Make it a point to check that the location of your business is in the proper zone. Some people make the mistake of assuming that the zoning is appropriate because there are same-type businesses operating there. Remember that the business may have received an exemption to operate at that location or the zooming may have changed. Again, it’s best to check with the local authorities.

5 Legal Issues Faced By College Startups

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Many college students turn to start ups even before graduating as a way of establishing themselves in the business world. This is an ideal situation but you must get everything right if you really want your small business to take off. Most college startups barely survive because they didn’t understand legal issues before setting up shop. To save you from trouble here are 5 legal issues faced by college startups:

Clarity

Most businesses that start in college are often set up by friends but when profits start coming in, so do the legal tussles about each co-founder’s contribution. This is why experts encourage absolute clarity right from the first day of business. A Founder’s Agreement is the best way to go as it outlines everyone’s duties, rights, exit, dilution, and participation to avoid future conflict.

Gauging viability of ideas

An idea might be unique but is it viable? Entrepreneurs must establish this before starting a business venture as obviously, ideas don’t yield results. It takes time and research to come up with marketable ideas. This will help you determine an idea’s viability before delving into production.

Intellectual Property

Many college students start businesses without a clue about intellectual property. It is not enough to set up a website as you need to protect your assets like the logo, website content and products. Obtaining a trademark, patent or copyright is essential if you want to protect your brand and ideas from theft. If you have qualms about formalizing the business by setting up private limited at least get the intellectual property registered if you want to survive cutthroat competition.

Funding

This should be the first thing you consider before setting up the business but many rarely do. It is imperative that you determine all sources of funds to ensure that the business stays afloat even in tough times and that you always have inventory. Many college startups are funded by friends and family but founders must be ready to step in during trouble times. Seed Funds offer financial solutions to startups in exchange for a stake in the business. They might provide monetary assistance, infrastructure and even mentorship. Whatever the source of funding, proper budgeting is recommended to keep track of expenses and plan for the future.

Licenses

Startups need licenses depending on their size and terms of ownership. Limited liability partnership or private limited companies must be registered with the ministry of corporate affairs or its equivalent. Even those who don’t want to formalize their startups need such licenses as VAT and Trade license in order to operate legally.

Legal issues make many students wonder whether to start or not? College undoubtedly demands lots of time that is also needed to run a business so you must be sure that you can strike the balance before starting out.

 

Are You Being Discriminated Against Due To Your Disability?

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A resident of California who believes that they have been treated differently by an employer because of their disability or a perceived disability can take legal action to protect their rights and to receive monetary compensation for a wrongful act of discrimination. Residents of California have the ability to pursue their claims under California’s anti-discrimination law or the federal Americans With Disabilities Act (ADA). It should be noted that the California law is written and often interpreted more broadly than the federal law.

The state law on disability discrimination differs from the federal ADA in several ways. The state law provides for broader definitions of all types of disabilities and there is no requirement for a substantial personal limitation for a major life activity. The California law definitions include not only physical disabilities but also mental disabilities and a medical condition that limits life activities. The degree of limitation is not important.

Anyone who believes they have experienced disability discrimination should consult an attorney who can assess their claim and determine whether action should be filed under state or federal law. Both laws are complex, and the disability limitations can be difficult to understand and apply to an individual situation.

However, both laws prohibit discrimination against a person in many aspects of employment and the employment process becauseof a mental or physical disability. It is against both disability laws to discriminate in recruitment, hiring, firing, preferential job assignments, training opportunities, pay, promotions, employee benefits, personal or medical leaves or any other activity or action related to employment.

The discrimination laws do not end with employment practices. An employer who fails to maintain a workplace that is free of barriers to the mobility of disabled employees is in violation of the state and federal laws. Harassing an employee with disabilities because of their disabilities is also prohibited under state and federal laws. Disabled employees are to be provided with accommodations that will help them perform the requirements of their job. A person cannot be discriminated against because they are related to or associate with anyone who is disabled.

The term “disability” embraces a broad range of physical and mental conditions, and the laws are specific in the proof required to substantiate a disability. Both laws emphasize that the term disability must be interpreted broadly and specifically in defining the meaning of “substantially limits.”

While the state and federal laws liberally define many matters relating to discriminating against a disabled person, it is essential that an attorney be consulted if you believe you have a claim. It is also important that you act quickly because action is time limited.

O.C. small-business optimists a minority

More than half of Orange County small-business owners see an overall business climate that isn’t rosy, according to a recent survey by Union Bank.

While their peers elsewhere are increasingly optimistic about the overall business atmosphere, only 40 percent of owners in Orange County said they have seen an improvement in the business climate over the past two years – a drop of 10 percentage points from the bank’s 2014 survey.

Sixty percent of Orange County small-business owners who participated in the survey said they plan to maintain current capital spending levels, a finding largely consistent with last year’s results.

Other results from the poll show that more than a quarter of Orange County small businesses surveyed are planning to move out of state because of tax burdens.

But it’s not all grim news.

More Orange County entrepreneurs applied for loans last year than in 2013. Lenders approved 92 percent of applicants. Owners of Orange County-based businesses also said they thought the nation’s economy is headed in the right direction; 58 percent of respondents said it is on the right track – up 9 percentage points from last year’s survey.

O.C. businesses laid off fewer workers in 2014 than in 2013. Owners said they plan on maintaining their current staffing levels.

Only 13 percent of those polled said their company had layoffs in 2014, down nine percentage points from 2013. And more business owners plan to increase staffing this year, with 23 percent saying they would add employees – up from 19 percent who said so a year earlier.

The business owners who participated in the online survey, conducted in January, were not necessarily clients of Union Bank. They were 25 years old or older and had operated a business for at least two years, with sales of $15 million or less each year.

The Union Bank survey, released Feb. 26, polled 631 small-business owners in California and the Pacific Northwest, 73 of whom are located in Orange County.

Courtesy of The OC Register

Written by Lauren Williams

Sellers’ Rules of Disclosure in CA Real Estate Sales

This guide is a summary of the pertinent information that California homeowners and their agents are required by law to disclose to buyers.

Under California law (California Civil Code Section 1100 et seq.), sellers of residential real property are required to disclose sufficient information to allow prospective buyers the opportunity to make a reasoned judgment when purchasing property.

Two sets of statutes contain disclosure obligations for sellers and sellers’ representatives regarding sales of residential real property consisting of one to four dwelling units. The first statute is entitled “Disclosures Upon Transfer of Residential Property” (California Civil Code Sections 1102-1102.15). The second, “Duty to Prospective Purchaser of Residential Property” (California Civil Code Sections 2079-2079.11), applies to sales involving a licensed real estate broker.

The Transfer Disclosure Statement

When a property is sold, the seller must deliver a written Transfer Disclosure Statement to the prospective purchaser, before transfer of title, in the form mandated by California law. (See “Disclosures in Real Property Transactions from the California Bureau of Real Estate” (“CA BRE”)) If a licensed broker was hired to assist in the sale, the broker must complete the Agent’s Inspection Disclosure sections of the Statement. He or she is required to conduct a “reasonably competent and diligent” visual inspection of the property for sale that provides “all facts materially affecting the value or desirability of the property that such an inspection would reveal.” (See CA Civil Code Section 2079.)

Disclosures Regarding the Property’s Physical Condition

Regardless of a real estate broker’s involvement in the transaction, state law requires all sellers to provide information on the Transfer Disclosure Form regarding the physical condition of the property. See the CA BRE form above for a complete listing, but some of the essential items the form requires the seller to disclose are: all fixtures and appliances and features of the property and whether or not each is operable; any physical improvements to the property and the current state of those improvements; any additions, structural modifications, or alterations or repairs made without the proper permits or which are not compliant with building codes; settling from any cause, or slippage, sliding, or other soil problems; any issues with flooding, drainage or grading; any significant damage from fires, earthquakes, floods, or landslides.

Disclosures Regarding Earthquake Fault Zones & Seismic Hazard Zones

Regarding earthquakes, under existing law a seller or seller’s representative must make known to prospective purchasers whether the property is located within a delineated earthquake fault zone or seismic hazard zone. Earthquake fault zones are those areas that bear surface evidence of active faults that show potential for future activity; seismic hazard zones include areas subject to ground shaking, liquefaction, landslides, or other surface rupturing that occur during an earthquake.

The State Geologist creates maps outlining these zones, and copies are provided to each city or county where such zones exist. In order to inform sellers and their representatives, notices of the maps’ receipt and their location are posted at the offices of the county recorder, county assessor, and county planning commission. If a notice has been posted in the seller’s city or county it is the duty of the seller and his or her representative to alert the buyer that these maps are available for viewing at the aforementioned offices.

Sellers’ disclosure requirements under California law are numerous, and this article is intended to serve only as an introductory guide. Before selling your home be sure to consult with your agent or broker, or a real estate attorney, to ensure that you are in compliance with the disclosure law.

Source from  Harvey I. Stern, Attorney At Law

For more information about real estate law, please visit our website

When is a Contract not a Contract?

You may have heard that being ignorant of the law is no excuse. You can ignore this statement at your peril as every year businesses across the globe are losing billions of dollars just because they have no working knowledge of contract law and fail to protect themselves against risk associated with procuring goods and services.

All too often, the business of buying and selling is one that the participants are clueless about their contractual obligations and rights. Things are taken for granted until the question of legal suit arises and it is at that point that many realize they were in a legal contractual relationship they had little or no understanding of. Procurement is about buying goods and services from suppliers effectively and efficiently. This means that once the supplier has made an offer to the buyer and, the buyer has accepted the offer, a legal agreement is already in place provided five conditions exist. These conditions include:

Offer and acceptance– There has to be an offer made by one party which is accepted unconditionally by the other party. Note- advertisement or display of goods in shops, are invitation to treats in law and not an offer. So in the case of the shopper selling the shutter blinds, the display of the samples were invitation for the buyer to make an offer. At the point of the buyer expressing an interest to place an order that was the act that constituted the buyer making an offer. This was accepted when the shopper took the deposit for the order placed on the 3rd December 2013.

There must be consideration– Notice consideration here means something of value (regardless of the value being £1 or $1) given in exchange by the buyer to the supplier for the item to be received. In our case of the curtain shop, the consideration of $400 was agreed with the buyer as part of the agreement.

Intention to create a binding contract enforceable by law– this is very important in contract law. Both parties must intend to be in a contractual relationship that is legally binding. This means, if a party reneges from the agreement the other can enforce their right to get them to perform the contract or compensate them for the breach of contract.

Contractual capacity– the parties involved should be able to enter into a legally binding contract. This means they must have the authority to enter into a contract on behalf of another and they must be of sane mind while entering into contract and certainly must not be a minor (in the US less than 18 years old). Failure to adhere to this condition will nullify the contract.

Correct form– this means that the form used to enter into the contract must be recognized in law.

Make no mistake any form of acceptance of an offer is acceptable whether verbal or written. Mistakes are made sometimes to believe that the contract must be in writing to be legally binding. Verbal agreement is acceptable in law and the actions of the parties involved will be scrutinized in court for consistency and inference about the motivation for the action will be deduced.

Going back to the point made about mitigating procurement risk with an effective contract, buyers must always ensure that there is a mutual agreement and understanding about what is being offered and accepted, as well as the terms and conditions of the contract. This is the first step to protect their rights from being abused by the other party and seeking legal recourse in the event of a breach of contract.

Ultimately, buyers want to ensure that what was offered and accepted is lawful and enforceable by law. An unlawful contract cannot be enforced in law and the court will render such a contract null and void. Buyers also must ensure that the supplier with whom they engage has the authority to enter into legally binding contract for their firm and, the individual is mentally capable of making right judgment at the time of the contractual agreement and is not a minor. Only when these conditions are met can the buying organization be certain that the contract is an effective risk management tool for its procurement activities- at the very basic level. Of course there is more to contract provision for risk mitigation than I have covered in this article. However, I hope this gives you a flavor of some of the challenges that can bedevil procurement activities for which costly mistakes can wipe off a significant sums of money from the organization’s balance sheet.

For more help with contract law, feel free to contact us!

 

Contract Law: An Overview

To formalize and bound two or more than two parties agreement for some business or mutual interest, a contract is needed. Contracts can cover a broad range of matters. It includes real property or good sale, employment terms, relationship of an independent contractor, dispute settlement and intellectual property ownership

The governing of a relation set of rules is the law of contract. It covers the validity and content of an agreement between companies, institution and individual people. This definition does not cover the circumstances in which contract law is appropriate. The main explanation is due to the number of instances in which contracts can begin in our everyday life. Contract law is properly defined as a set of promises or promise, which imposed by the law. The definition of law of contract is somewhat competing. It is defined as a contract is an agreement, which is recognized and enforced by the law to raise the obligations to the parties. The definitions authenticate the involvement of the law by way of enforcement in agreements. It is signifying that there should be a violation after breaking the terms of the agreement then the distressed party should seek alternative via courts. The contract can begin as a surplus of state affairs. It can be started from buying a cake from the bakery or the sale of a farmhouse. The assurance is required before the court’s interference to implement any agreement. The basic foundation of any agreement is a law of contract. This is apart from the essence difficulty containing the agreement enforceable by law .

Procurement Law

The government’s or departmental process in which purchase of goods and services via private sector in the regional and national levels takes place falls under the procurement law. The process of procurement usually complies with policies and specific rules. The government officials need to follow a public procurement system as per the local laws in regard of any service. This system covers the approach to advertise for contractor, choose a supplier and a way to implement and evaluate the necessities they put on the supplier. The usual aim is to take advantage of competition between suppliers according to this system and to reduce the corruption risk.

A procurement, construction and engineering are at fixed price contract. This is the schedule for intensive construction contract, and it also turns out as the turnkey contract. According to this, the contractor agrees to a variety of responsibilities, which includes engineering, duties to provide the design, construction and procurement of the facility. The startup procedures, creation of operational manuals, accomplishment of tests performances and train people are enabled through this contract.

The life cycle is the extent by the public procurement process. It spans through definition and initial conception of the public service needs and ends at a contract, which is an asset of life. Conventionally these both are innovative types and more funded projects. For example, the private sector Public Private Partnership (usually called PPP) and the Private Finance Initiative arrangements. It includes the use of the private sector to deliver services. The services were previously directly delivered by the public sector which is known as contracting out and in house consortia bidding of a procurement process in public.

For more help with contract law, feel free to contact us!

Employment Laws for Business Owners

As a business owner you need to be aware of the various employment laws and how they affect your employment practices and procedures. Federal and state employment laws regulate everything from what kinds of questions you can ask potential job applicants to how employees are treated. State laws vary and may be more stringent than the Federal employment laws. What follows is a brief description of the Federal employment and labor laws that might affect your business.

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex, and national origin discrimination. It applies to employers with fifteen or more employees.

Pregnancy Discrimination Act of 1978 is an amendment to Title VII of the Civil Rights Act. It prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions and applies to all terms and conditions of employment, including hiring, firing, promotion, leave, and benefits.

The Americans with Disabilities Act of 1990 prohibits employment discrimination against qualified individuals with disabilities. It applies to employers with fifteen or more employees.
The Age Discrimination in Employment Act of 1967 prohibits age discrimination against individuals who are forty years of age or older. It applies to employers with twenty or more employees.
The Equal Pay Act of 1963 prohibits wage discrimination between men and women in substantially equal jobs within the same establishment.

The Fair Labor Standards Act prescribes minimum wage and overtime pay standards and child labor rules.
The Family and Medical Leave Act requires employers to provide up to 12 weeks of unpaid leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a family member of the employee. It applies to employers with fifty or more employees.

The Immigration Reform and Control Act prohibits employers from discriminating in employment on the basis of citizenship or national origin. It also requires employers to verify the identity and employment authorization of all employees. The law applies to employers with as few as four employees.

Make sure your business complies with these laws in all of its employment practices and policies. Check with your attorney to make sure your employment manual addresses these laws where necessary. If you don’t have an employment manual, a lawyer who practices in the area of employment law can help you create one. Your attorney can also help you understand how your State’s employment laws affect your business.