At least once a month we talk with a small business owner facing a lawsuit under the Americans with Disabilities Act (ADA). As we’ve explained elsewhere, the ADA imposes very specific standards for how buildings should be constructed and imposes an affirmative burden on small businesses to remove “barriers to entry” for the disabled in older buildings.
Unfortunately, the complexity of the ADA rules means that many small businesses learn about compliance obligations after getting hit with a demand letter from an attorney. Therefore, it’s a good idea to seek help from an ADA expert to identify and correct ADA problems proactively. For example, businesses in California can seek assistance from a “certified access specialists”; however, you can seek out consultants in any state. And you should discuss possible tax benefits with your CPA.
For more guidance on how to stay out of court, check-out the following:
- Rule 1 – Incorporate;
- Rule 2 – Stay Alert on Taxes;
- Rule 3 – Maintain Adequate Insurance;
- Rule 4 – Hire Smart;
- Rule 5 – Manage Fairly & Wisely;
- Rule 6 – Catch and Correct Wage & Hour Violations;
- Rule 7 – Be Careful with Independent Contractors;
- Rule 8 – Know the Local Rules;
- NFIB Small Business Legal Center’s October 10, 2018 presentation in Salt Lake City, entitled: “10 Ways to Stay Out of Court.”
*While the information provided here is intended to be accurate, it is not legal advice. Employers are advised to seek counsel from a trusted employment law attorney.
