Q & A With Coach Jaynine

LinkedIn-Cover-ImageToday, Coach answers a question from LinkedIn

Q

• Hi Jaynine, I was wondering if I would be able to get your feedback on something since I know you’re a business owner. My wife started an IT company and is currently in the process of getting certified as a Women-Owned Business. She said that she needs me to sign a “Statement of Non-Participation” in order to get her company approved as a women-owned business. My concern is whether signing such a statement would forfeit any marital rights that I have to the retirement benefits of her business? I will be retiring from the U.S Army in a few years in which 50% of my retirement would belong to her, which is great, but I just don’t want be put into a situation where retirement sharing is legally a one-way streak because I signed away my rights. We have a great marriage, going on 10 years now and she completely understands my concern about this paperwork, so it’s not a matter of whether I think she is trying to get over on me, but rather we just don’t know what it really means for a spouse to sign a statement of non-participation. We’re not familiar with what the spouse is giving-up by agreeing to such terms. If this is a loaded question that you wouldn’t feel comfortable answering without charging a fee, I will totally understand if you refrain from responding.

Thanks,
Micaiah.
10:48 PM

A

On Jun 23, Jaynine Ray-Howard, USMC (Ret), PhD (ABD) said the following:
Good morning, Those are great questions and concerns. I am not a lawyer so please do not take what I am saying as legal advice. I do think a lawyer is the best person to get advice as I will explain below in more detail. Woman Owned – business must be 51% owned by a woman (your wife) Veteran Owned – business must be 51% owned by a Veteran (YOU) Disabled Veteran Owned Business – business must be owned 51% by Veteran who is service disabled MinorityOwned Business – depending on your state – just being a woman is considered a minority In North Carolina, I am a Woman Owned, Veteran Owned, Minority Owned, and Service Disabled Small Business – this puts be ahead of others if I want government contracts. Consider which is going to be more advantageous for your family business. It may be more advantageous to have you listed as primary. Many construction companies have the woman as head of the company because it is more advantageous for bidding on contracts. So think long term which is going to be best for the company. Another concern for many business owners is what happens in the case of a divorce. You need to have – in my opinion – a post nup – a legal document that states you get 50% of the business if you get divorced. You also need a legal document that states you get the business if she were to pass and vice versa. Typically when there are two business partners they each have insurance so that they can “buy out” the other half of the business in case of death so the deceased share doesn’t go to the “family”. I recommend keeping very accurate records on how much “family” money or your money from bonuses, inheritance etc. is put into the business. So if something were to happen again you have proof of what you contributed.

https://www.sba.gov/sites/default/files/forms/SBA_Form_2413_comp_0.pdf

https://www.sba.gov/content/women-owned-small-business-wosb-program-certification

These are some links so you can do your own homework. I hope these help.

Semper Fi,
Jaynine
7:39 AM

Is Your Website ADA Compliant?

accessI’ve noticed lots of buzz around ADA Compliant websites, have you? Technological advances make using a computer and working, browsing, and shopping online assessable to everyone regardless of their disability. You do not want to risk losing a customer because he or she cannot navigate or view your website. You also do not want to risk getting a hefty fine for not being ADA compliant.

Below you will find exerts from various articles I’ve read to help you understand this new topic circulating.

New legal landscape is taking shape
The DOJ’s proposed amendments to the ADA, expected in April 2016, would “require public entities and public accommodations that provide products or services to the public through websites on the Internet to make their sites accessible to and usable by individuals with disabilities.” The DOJ is careful, however, not to suggest products and services currently offered through websites are excused from ADA compliance, despite the fact that amendments to that effect are currently being proposed.

Thompson Information Services published an ADA Compliance Guide Newsletter in late 2014 that suggests the DOJ will likely adopt the most recent version of WGAC 2.0 — written by theWorld Wide Web Consortium, an international community that develops open standards for the Web — as the standard for accessibility. The newsletter holds: “Costly or not, and the lack of website regulations notwithstanding, DOJ is pressuring companies to modify websites and mobile apps to meet WCAG 2.0 technical standards.”

In support of this prediction, the DOJ reached a settlement agreement with edX Inc., a provider of online courses, in April 2015. The settlement resolved “allegations that edX’s website … w[as] not fully accessible to individuals with disabilities … in violation of Title III of the ADA.” In the settlement, edX Inc. entered a four-year agreement to make its system “fully accessible within 18 months.” The agreement also requires edX Inc. to provide training for course creators, appoint Web Accessibility positions, solicit feedback, and “retain a consultant to evaluate conformance of the website, platform, and mobile applications.”

Read more at http://www.technologylawsource.com/2015/06/articles/information-technology/the-focus-of-the-ada-turns-to-websites-in-the-digital-age-is-your-website-compliant/

Who Does This Apply?
Title III of the Americans with Disabilities Act (ADA) requires that businesses and nonprofit services providers make accessibility accommodations to enable the disabled public to access the same services as clients who are not disabled. This includes electronic media and web sites. While the ADA applies to businesses with 15 or more employees, even smaller businesses can benefit from ensuring that their websites are ADA compliant. Doing so opens your company up to more potential clients and limits liability. Web developers should include ADA compliant features in the original site and application plans.

This is particularly important when working for a government agency or government contractor, as these organizations must follow web accessibility guidelines under Section 508 of the Workforce Rehabilitation Act of 1973. Although ADA and Section 508 compliance are different, the published checklist for Section 508 compliance offers insight into ways to make websites accessible for people with disabilities, and thereby work toward ADA compliance.

Learn more at http://www.techrepublic.com/blog/web-designer/creating-an-ada-compliant-website/

Test Your Website
Web Accessibility Evaluation Tools – I did test several of these and they flagged what I or my web designer needs to fix to be compliant.

http://achecker.ca/checker/index.php – this one offered an explanation in language I understood and seemed very specific with an explanation how to repair the offending item.
http://wave.webaim.org/
https://www.w3.org/WAI/ER/tools/

I recommend you contact your web developer or designer and inquire about making your website ADA Compliant and continue to educate yourself on this topic.

Resource
ADA Best Practices Took Kit for State and Local Governments – this is an excellent resource to learn about why you want an ADA Compliant website and some common problems and solutions.
http://www.ada.gov/pcatoolkit/chap5toolkit.htm

Example on a Website Showing Compliance
http://www.right.com/wps/wcm/connect/right-us-en/home/info/accessibility