Brinkley Walser - 125 Years of Dedication and Service:

This year marks Brinkley Walser’s 125th anniversary of providing legal representation to the people of Lexington, North Carolina and surrounding areas. The firm had its beginning 1886, when Zeb Vance Walser of Davidson County was admitted to the Bar of North Carolina and began to practice law in Lexington. Since that time, this practice has been continued by him, his partners and successors without interruption. Learn more about the firm’s history on our website HERE.

“We at Brinkley Walser are very proud of our history and plan to celebrate our 125th anniversary with 125 days of activities to reaffirm our dedication to service and to this community,” says managing member David Inabinett. Watch for information over the next few months on the Brinkley Walser website and in the news for more details!

Federal Regulations Change that May Affect your Small Business:
by Ryan V. McNeill,  Attorney

The Americans with Disabilities Act (“ADA”), passed in 1990, is a federal law that was intended to provide workplace protection for disabled individuals. Title I of the ADA provides that employers who employ 15 or more employees must provide reasonable accommodations to protect the rights of individuals with disabilities in all aspects of employment. The legislature defined disability as either 1) a physical or mental impairment that “substantially limits” a “major life activity” or 2) a record of such impairment or 3) individuals regarded as having such impairments. In the years following the ADA’s passage the courts interpreted “substantial limitation” to mean a significant limitation when compared to the general population which is long term and severe and “major life activity” to include only things like walking, speaking, seeing, hearing, breathing, etc. This interpretation by the courts led to a very low success rate in claims under the ADA because most people were either not disabled enough for the court standard or too disabled to adequately perform the necessary job functions.

In 2008 Congress enacted the ADA Amendments Act (ADAAA), which became effective January 1, 2009. The purpose of the ADAAA was to expand the interpretation of disability to reverse the action of the courts in taking a narrow view of what constitutes a disability. On March 25, 2011 the U.S. Equal Employment Opportunity Commission issued its final regulations, which set out the rules for how the ADAAA will be interpreted and enforced. Among the changes made by the ADAAA and its regulations are that an individual will be considered “disabled” even though the individual is functioning normally through the use of medication or other device. An individual will also be considered disabled even if the impairment lasts or is expected to last less than six months. The ADAAA does not change the requirements on the employer for non-discrimination and reasonable accommodation, but the changes to the disability determination mean that more than likely an employee with any kind of condition will be considered disabled for purposes of the ADAAA. As a result it will be even more important for management to know which circumstances require reasonable accommodation and when liability may arise for failing to hire or promote, or a termination issue.

125th Anniversary Kickoff - 125 Days Event:

As a part of the 125th Anniversary of the firm, Brinkley Walser is participating in a 125 days event that was kicked off on June 1 with its contribution to the Walter F. Brinkley Scholarship Fund at the Davidson  County Community College.  You can keep up with the 125 days event on our facebook page at www.facebook.com/brinkleywalser or on our website at http://www.brinkleywalser.com/125th-anniversary.html

Today's Law Practiced with Small Town Tradition

Brinkley Walser, PLLC is a firm based  upon a strong tradition since 1886.  A tradition of extraordinary service and attention, a total commitment to our clients.  A tradition of providing the most up-to-date knowledge of the law coupled with good common sense that promotes a solution that is in the best interest of the client.  A tradition of service not only to our clients, but to the community.  A tradition of providing expert, affordable legal advice to almost every area of the law.  The tradition started in 1886 and continues with the dedicated team of men and women who make up today's Brinkley Walser. Visit our facebook page at www.facebook.com/brinkleywalser