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Samuels Yoelin Kantor Seymour & Spinrad, LLP Announces That U.S. Supreme Court Will Decide Costly Question For Small Business Owners

PORTLAND, OR — (No Date Given)

Lawsuit handled by Portland, Oregon law firm examines question whether owners must be counted as employees, forcing expensive compliance with federal antidiscrimination laws

PORTLAND, OR.        When Congress passed the American with Disabilities Act (ADA) in 1990, it purposefully excluded smaller companies, those with fewer than 15 employees, because of the relatively high cost of compliance.  Congress did not address the question of whether owners would be counted as employees, resulting in confusion for small businesses and their advisors.   Companies with 15-19 employees, have been surviving in “the gray zone” between small and large employers, said STEVEN W. SEYMOUR, of the law firm of SAMUELS YOELIN KANTOR SEYMOUR & SPINRAD, LLP.   “Resolution of this issue will have far reaching impact for small businesses throughout the country,” he added.   

“Our firm has a long-standing tradition of protecting small business owners, all the way to the Supreme Court when necessary,” said SEYMOUR.  In the Petition for Review, SEYMOUR pointed out to the Court that in the category of companies affected by the outcome of this case, there are over 400,000 employers with total annual payroll that exceeds 90 billion dollars.    In this case, Clackamas Gastroenterology Associates P.C., an Oregon professional corporation, had four working shareholder owners, and less than 15 employees.  Where the owners are treated as employees, the company is subject to the rigors of the ADA and other anti-discrimination compliance.  “We don’t think that businesses were the target of Congress when the ADA was passed.  In fact, we think that Congress intended to exclude companies like this one from bearing the same burdens that General Motors or Intel bear.” 

The bulk of our business clients are or have been stuck in this “gray zone” at some time since 1990, and the costs of compliance are growing.  “Our clients rely upon our ability to help them plan for contingencies,” SEYMOUR said.  “But in this situation, compliance costs can mean that our clients cannot afford to provide the best for their employees and their customers.”   

SEYMOUR and SAMUELS YOELIN KANTOR SEYMOUR & SPINRAD, LLP associate ANDRIA C. KELLY will present the case before the US Supreme Court early next year.
Shleifer Marketing, Denny Shleifer, public relations, Portland, Oregon, press, media contacts, public relations, advertising, marketing, graphic design, marketing, communications, brochures, newsletters, media training, crisis communications, corporate video production, speech writing. Shleifer Marketing, Denny Shleifer, public relations, Portland, Oregon, press, media contacts, public relations, advertising, marketing, graphic design, marketing, communications, brochures, newsletters, media training, crisis communications, corporate video production, speech writing.