Reardon Anderson - August 2021

Reardon Anderson - August 2021

ReardonAnderson C O U N S E L O R S A T L A W

ReardonAnderson.com

August 2021

TIPS FOR FOLLOWING THE AMERICANS WITH DISABILITIES ACT HOW TO AVOID ADA LAWSUITS

You likely already take some time and resources to ensure your business is equally accessible to people living with disabilities — It’s the right thing to do, but it’s also a legal obligation. Because of the Americans with Disabilities Act (ADA), people are allowed to sue public places that don't provide equal access to the disabled members of our country. Let’s say your business is being accused of an ADA violation. Keep in mind that all ADA violation claims go through the federal court system and can also be filed through the Department of Justice (DOJ). ADA lawsuits differ from most because the ADA doesn’t allow plaintiffs to collect monetary damages. Instead, they receive compensation for all attorney fees, which, as you can imagine, can be very expensive. In looking to continually serve our clients, Reardon Anderson is gauging client interest in monthly webinars to explain issues impacting individuals and businesses in 2021 and beyond. If you think this would be an added value, please let us know your thoughts by emailing Info@ ReardonAnderson.com . Thank you so much for your support!

If the DOJ sues you, however, while you may not pay attorney fees, you may have to pay compensatory relief or civil penalties. So, how do you make sure you avoid a potentially expensive legal battle? Start by asking yourself these questions: No. 1: Is your parking lot ADA compliant? Does your parking lot have a correct number of accessible parking spots with proper signage? For example, for 26–50 parking spaces, you’ll need at least two accessible parking spots, which need to be located as close to the main entrance as possible and on level ground. No. 2: Does your front entrance have an accessible route? In addition to your parking lot, your sidewalks must be compliant with ADA guidelines. This means including ramps that lead into the main entrance for wheelchair access, and ensuring all paths to the entrance are free from any excess slopes, steps, or steep ramps. No. 3: Are your entryways big enough for wheelchairs to pass? Are your doors at least 32 inches wide, measured between the face of the door and the opposite stop? At least 60% of public entrances in newly built construction are required to be accessible — so, while there’s a good chance you don’t have to worry about this in a newer building, this is important to keep in mind for many buildings built in the 1970s and ’80s! You don’t want a

drive-by lawsuit (i.e., when a person notices a violation simply by driving by the exterior of the building). No. 4: Do your bathrooms follow ADA requirements? Public restrooms are essential areas and must meet ADA requirements. Ensure you follow common guidelines for the proper height of coat hooks, paper towel dispensers, and mirrors. Unwrapped pipes and misplaced grab bars can also be ADA violations. Not all business owners realize that toilet fixtures are required to have grab bars at the back and side, as well as easy-to-use flush controls and enough space for wheelchairs. No. 5: Ask a legal expert. If you’re not sure whether your business is following ADA regulations, don’t hesitate to check with a professional! Coming up with a cost-efficient plan will help prevent sudden lawsuits. Keeping our businesses accessible and available to everyone is crucial for running a legally sound business — even if doing so can be confusing at times. That’s why our experts at Reardon & Anderson are here to help! Thanks for reading.

–The Reardon Anderson Firm

732-997-7749 1

Published by Newsletter Pro • www.NewsletterPro.com

2 Important Tips for Remotivating Your Workforce EVERYONE STEPPED UP DURING THE CRISIS — WHAT NOW?

‘Space Law’ Are We Headed for the First War in Space?

Now that we’re close to entering a post-pandemic phase, many companies want to see business return to “normal,” or run the way it did before COVID-19. But after companies have endured many traumatic changes during lockdowns, how do we get back to “normal” again?

According to a Bain survey, over 65% of employees are worried that the pandemic-induced sense of urgency in their organizations will go away. Not all pre-pandemic attitudes will work in keeping your business effective. Luckily, HBR has been tracking more than 850 CEOs across 35 countries, and after analyzing hundreds of pandemic hero stories, they’ve found that an important part of the solution is creating a new culture that uplifts and empowers important voices. Here are a few steps to start moving in that direction. NO. 1: THINK BEYOND THE OLD ‘NORM.’ Businesses used to ensure productivity through hierarchical systems and micromanaging, but these methods tend to be slow and inflexible. It “drowns out” the voices of the customers and the frontline employees. Some of HBR’s most effective CEOs recognize an important fact: To run their business better, increase speed, and bolster trust, they need managers to get out of the way and give more freedom to the teams closest to their customers. John Santa Maria, CEO of Coca-Cola Femsa in Mexico, says, “What we learned to do is empower our teams to deliver but make sure we had enough creativity on the ground to adapt to rapid changes in the local markets due to COVID-19 and government response.” NO. 2: AMPLIFY (AND REWARD) YOUR COMPANY’S INNOVATORS. No matter the company size, many people have started to think like entrepreneurs by coming up with entirely new solutions and forming cross-functional teams to execute them during lockdown. They developed new, agile ways of working through adapting and testing. If you have a hero like this on your team, make sure the effort doesn’t go unrecognized or rewarded — these innovators might move on quicker than you’re prepared to lose them.

Earlier this year, Russia announced it would abandon its missions to the International Space Station in favor of a new, Russia-only station orbiting Earth. At the same time, China has begun working in earnest on its own permanent space installation, raining construction debris down on coastal Africa and other places. With private American interests gaining traction in orbit (and the confidence of our government), things are getting awfully crowded up there — and not by actors that typically play well together.

All of which begs the question: Will the 21st century see the first violent conflict in space?

We have to delve into “space law” (yes, it’s really called that) to understand this question. It started in the 1940s and ‘50s, when the USSR launch of Sputnik signaled a new ground for scientific competition in the Cold War, as well as fears of more direct, armed conflict. The landmark “Outer Space Treaty'' of 1967 was the response, and nations continued to deal with space concerns until the end of the century. The general principles were those of cooperation and goodwill, and that made sense in the 20th century, when it was unlikely any power would be able to seriously colonize stations in orbit or the moon itself, never mind other planets. But in the past 20 years, many countries have been unwilling to seriously commit to more specific agreements or laws. When you see the rapidly increasing presence many countries are seeking in orbit, you start to understand why. Nobody wants to hamstring themselves and compromise their interests when the resources of our solar system are made available through technology. Even though this may be a new arena, the problem is an old one. International Law — of which “space law” is a subset — is not typically enforceable and never has been. Private ventures, like those of Elon Musk, may face crackdown by their governments or the international community. But nations themselves will take what they want, when they want it — and right now, that could make peace on the final frontier a long shot in the 21st century.

We hope these tips help fortify your business as you prepare for your third quarter! Best of luck!

2 REARDONANDERSON.COM

Published by Newsletter Pro •

SOLVING CONSTRUCTION DISPUTES: When Do I Need a Lawyer?

Whom do we represent in construction disputes? We’ll represent a wide variety of clients in solving these issues, including general contractors, owners, condominium associates, subcontractors, and design professionals. What types of claims in construction disputes are there? As you can imagine, with complex construction projects, a wide variety of legal red tape situations can go very wrong. This varies from breach of contract, construction defects, breach of warranty, substandard workmanship, consumer fraud, nuisance claims, and construction liens for unpaid claims. How do I know if I need a lawyer? The truth is you don’t know what you don’t know. The other party might’ve already committed an illegal shortcut or wrongdoing, and you might not realize it. However, a highly seasoned construction dispute attorney will see it coming from miles away. If you have any reason to suspect foul play, give our offices a call! We’ll review your case for free — our legal team will be happy to lend you a helping hand.

Every construction project has the potential for legal complications that could affect your timeline and budget as well as the overall success of the finished product. Delays, quality of work issues, contract disputes, or defect claims can all impact a project. It takes aggressive, vigilant legal counsel to protect the parties who have a vested interest in the project's success. What are the most common reasons for construction disputes? There are multiple factors that contribute to construction disputes. Construction contracts are very complex and need certain requirements to make them successful. Disputes can arise from disagreements over: • Poor workmanship: There may be accusations related to the contractor failing to meet the acceptable standards of the contract. • Inferior material: Typically, contracts are very specific on the types of materials used, and using a lesser-quality material can lead to disputes. • No payment for work performed: If the contractor or a subcontractor has not been paid, parties involved can sometimes end up in litigation.

EASY FOIL-GRILLED SAUSAGE AND VEGETABLES

INGREDIENTS

4 sausage links of your choice

3 tbsp olive oil

•

• • • • • • •

2 cloves garlic, grated

1 lb green beans

1 tbsp thyme 1 tsp oregano

• • • • • •

1 red bell pepper, diced 1 yellow bell pepper, diced

1 tsp basil 1 tsp salt

1 red onion, diced 1 zucchini, diced

1 tsp crushed red pepper (optional)

1 yellow summer squash, diced

DIRECTIONS

1. Preheat your grill to medium heat or your oven to 425 F. 2. In a large bowl, add all of the ingredients and mix well. Divide into four equal portions. 3. Prepare four 16-inch pieces of foil and place a portion in the middle of each section. Wrap each foil piece tightly and avoid holes. 4. Grill each foil packet for 20 minutes, flipping halfway through. You can also bake each packet for 20 minutes at 425 F.

Inspired by NutmegNanny.com

732-997-7749 3

• www.NewsletterPro.com

ReardonAnderson C O U N S E L O R S A T L A W

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

55 Gilbert St. N, Ste. 2204, Tinton Falls, NJ 07701 732-997-7749 | ReardonAnderson.com

INSIDE THIS ISSUE

1 2

How to Avoid ADA Lawsuits

Are We Headed for the First War in Space? Everyone Stepped Up During the Crisis — What Now? When Do I Need a Lawyer to Solve Construction Disputes? Easy Foil-Grilled Sausage and Vegetables

3

4

Fight SAD Early!

START TAKING VITAMIN D NOW, BEFORE THE SUN GOES AWAY FIGHT SAD EARLY!

Do you get SAD? We’re talking about seasonal affective disorder, which affects 1%–10% of the population depending on the state you live in. Symptoms of SAD are similar to symptoms of depression, but unlike chronic depression, which can occur at any time, people with SAD only experience symptoms during a certain time of year, usually winter. SAD has been strongly linked with shorter days and less sun — although summertime SAD can result from long days that make sleep difficult, resulting in irritability and mood swings. In most cases, however, winter is the problem season, likely due to a link between less sun and a vitamin D deficiency. Depression is one common symptom of vitamin D deficiency, especially in patients who aren’t prone to depression due to other circumstances. Unfortunately, very few foods are good sources of vitamin D. The best source is sunlight itself.

healthy diet. As mentioned, it’s hard to find vitamin D in foods, but milk and other food products are often intentionally enriched with it during processing. The most common solution, however, is taking a vitamin D supplement, which can be purchased over the counter at drugstores and grocery stores. It is commonly recommended for people living in places with harsher winters, and although there are negative side effects if taken in excess, a regular daily dose of vitamin D is a healthy way to ensure you have the right levels in your system. This month is the perfect time to begin that process. Vitamin D can take several months to build up to effective levels in our bodies. It may be the hottest time of the year in many places, but it’s also the ideal time to start fighting SAD early!

There are a few ways to combat wintertime SAD. Establishing a regular sleep schedule is important, as is an exercise routine and

4 REARDONANDERSON.COM

Published by Newsletter Pro • www.NewsletterPro.com