Monday, July 15, 2019

Legally Speaking: The End of Prepaid Seasonal Rentals

Landlords in the Hamptons have traditionally demanded prepaid rent from tenants on seasonal rentals. If you rented your property for a three-month term, say from July to October, on lease signing, you’d traditionally demand that the tenant provide you with a check for the entire period’s rental fees together with an executed lease or you’d refuse to rent your property to that tenant for that period. So, at lease signing, a tenant would traditionally need to have enough money for the entire rental period plus an additional month’s worth of rent for the security deposit. That tradition, of receiving prepaid rent for the entirety of the rental period plus the security deposit at lease signing, was ended on June 14, 2019.

Read the full article on Dan's Papers here. 

Podcasts | Eye on Real Estate 7/13/19

If you missed Eye on Real Estate this weekend, Attorney Andrew Lieb, Esq. joins the show.

Topics include: New rental laws, final walk through & how to handle it as the buyers / sellers, #1 investment isn't multi family houses in real estate, the end of prepaid seasonal rentals.

Listen to the podcasts below:

Click here for Hour 1 

Click here for Hour 2

Thursday, July 11, 2019

New York State Enacts Pay Equity Legislation Creating Potential Exposure to All Employers

On July 10, 2019, Governor Cuomo signed two pieces of legislation into law aimed at curbing wage discrimination in the workplace. As a result, all employers in New York State must train managers, and human resources employees and immediately modify hiring, promotion and pay practices to ensure compliance with these new laws and avoid substantial exposure.

The first law, S5248B, amends the Labor Law to prohibit employers from paying an employee a lower wage based on any protected class (The Labor Law previously only prohibited differential pay based on sex). The new law also makes it easier for an employee to prove wage discrimination. Employers were previously only required to provide employees equal pay for "equal work" performed under "similar working conditions." The new lower standard requires the employer to pay employees for "substantially similar work when viewed as a composite of skill, effort and responsibility, and performed under similar working conditions."

The second law, S6549, prohibits employers from asking a job applicant or employee about their salary history and considering salary history in hiring or other employment decision even if the individual voluntarily discloses his or her salary history. An employer may only confirm an applicant or employee's salary history if in response to an offer, the individual discloses his or her salary history to negotiate a higher salary.

Freedom of Contract Ends Yellowstone Injunctions, What's Next?

Commercial landlords have been handed a major eviction victory by the state's highest court. However, this victory is only available to landlords who incorporates specific terms into their leases. Learn about those terms and you too can avoid a Yellowstone Injunction.

Read the full article by Andrew Lieb Esq. published in The Suffolk Lawyer here.

Monday, July 08, 2019

Supreme Court Rules That an Employer Can Forfeit its Right to Challenge an Employees Failure to Exhaust His or Her Administrative Remedies

The Supreme Court of the United States unanimously held that an employee’s failure to exhaust his or her administrative remedies in a discrimination claim pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”) does not divest the court of jurisdiction. An employer’s ability to challenge an employee’s failure to exhaust his or her administrative remedies may, thus, be waived if not raised in a timely manner.

Read the full article by Mordy Yankovich, Esq. published in The Suffolk Lawyer here