LIEB BLOG

Legal Analysts

Wednesday, March 13, 2024

Proposed Rule Aims to Enhance Air Travel Safety for Passengers with Disabilities

The U.S. Department of Transportation (DOT) has introduced a proposed rule to bolster regulations under the Air Carrier Access Act (ACAA). This initiative seeks to address the pressing concerns faced by individuals with disabilities, particularly those utilizing wheelchairs and scooters, during air travel. With an emphasis on safety and dignity, the proposed rule aims to rectify issues such as mishandled mobility devices and inadequate assistance during transfers to and from aircraft seats.

Key Objectives of the Proposed Rule:

  • Addressing Mishandled Mobility Devices: Passengers with disabilities often experience damage or loss of their mobility devices during air travel, leading to significant distress and inconvenience. The proposed rule seeks to establish stringent guidelines to mitigate such incidents and hold airlines accountable for the proper handling of mobility devices.
  • Ensuring Proper Transfers: Passengers with disabilities often face challenges in navigating these transitions, leading to potential safety risks and infringements on their dignity. The proposed rule aims to implement measures to ensure that passengers receive the necessary support and assistance throughout the travel process.
As the proposed rule enters the public comment period, stakeholders, including disability advocacy groups, airlines, and the general public, will have the opportunity to provide feedback and input. This collaborative process will be instrumental in shaping the final regulations and ensuring that the needs of passengers with disabilities are adequately met.





Tuesday, March 12, 2024

Shedding Light on Pay Disparities: What You Need to Know from EEOC's Latest Data

Today, we bring to your attention the recent release of pivotal data by the U.S. Equal Employment Opportunity Commission (EEOC). This data, encompassing information from 2017 and 2018, provides an insightful glimpse into the state of pay disparities in American workplaces., which is illegal based on the Equal Pay Act. To learn more about the Equal Pay Act, take a CLE from Attorney Andrew Lieb here.


Key EEOC Findings:

The EEOC's data dashboard reveals a troubling reality: pay disparities based on sex and race persist across nearly every industry and state. Here are some crucial highlights:

  • Gender Disparities: The data unequivocally shows that men continue to outearn women, with the median pay band for men consistently higher than that for women. In 2018, this gap was particularly pronounced, with men's median pay band being one or even two bands higher than women's.
  • Racial Disparities: The disparities deepen when considering race and ethnicity. Black or African American women and American Indian or Alaska Native women find themselves in the lowest median pay bands, reflecting a distressing pattern of inequality.
  • Industry and Job Category Trends: Across various industries and job categories, men consistently occupy higher median pay bands compared to women. While some sectors exhibit equal median pay bands, such as Accommodation and Food Services, these instances remain exceptions rather than the norm.
  • Geographical Disparities: Disparities are not confined to specific industries or job categories but are pervasive across different states. For instance, in 2018, Wyoming, Louisiana, and West Virginia exhibited significant differences in median pay bands between men and women.

Implications for Legal Action:

The release of this data underscores the urgency of addressing pay discrimination in the workplace. Here's what you need to know:

  • Equal Pay Act and Title VII: The EEOC enforces both the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964, which prohibit pay discrimination based on sex, race, color, national origin, and religion. If you believe that you have experienced pay discrimination, you may have legal grounds to pursue a case and if you live in a State, like New York, you can go back up to 3 years on the state's anti-discrimination law to bring your case.
  • Data as Evidence: The aggregated data provided by the EEOC can serve as compelling evidence in legal proceedings. If you find that your pay is unfairly lower compared to colleagues of a different
    gender or race in similar roles, this data can bolster your case.
  • Consultation: If you suspect pay discrimination in your workplace or have questions about your rights, we encourage you to seek legal consultation. Lieb at Law, P.C. is here to provide guidance and support as you navigate the complexities of employment law.
*attorney advertising

Tuesday, March 05, 2024

Staying Ahead: Adapting to the Changes in New York's LLC Beneficial Ownership Requirements

On March 1, 2024, Governor Hochul signed A8544 to amend NY's limited liability company law relating to the disclosure of beneficial owners of limited liability companies ("LLC"). 


This bill amends a law from 2023, which was enacted to end the practice of anonymous ownership of LLCs in New York. 


The new law adds Limited Liability Company Law sections 1106, 1107 and 1108, which does the following, in summary:

  • All filings must be submitted electronically to the Department of State ("DOS")
  • The time frame for which beneficial ownership disclosure ("BOD") filings and fees must be submitted to the DOS are now, for new entities, BODs must be filed within 30 days of the initial filing of articles of organization; and for all previously formed or authorized reporting companies, BODs must be filed within 1 year of the effective date of the bill. 
  • All beneficial ownership information will be kept confidential with exceptions for: (1) voluntary consent or request; (2) court order; (3) officers and employees of federal, state, and local government agencies where disclosure is necessary to perform official duties; or (4) valid law enforcement purposes. 
  • Attorney General can now enforce the BOD rules.
  • The penalties are now up to $500 for each day an LLC fails to disclose beneficial owners to the DOS. 
  • LLCs are now provided with the ability to cure any past due beneficial ownership filings by providing updated filings and a payment of $250 to the DOS. 
  • It is unlawful for any person to knowingly provide false or fraudulent beneficial ownership information to the DOS. 
  • The Attorney General can now investigate any LLC which fails to file its BOD statements, annual statements or attestations of exemptions and seek fines up to $500 per day for late filings. 
  • The Attorney General can bring actions to dissolve or cancel any entity that is delinquent in filing its BOD or that provides false or fraudulent information in their disclosure. 
  • Any LLC that fails to file its BODs or attestation of exemptions be suspended by DOS after a 30 day notice period.  


These changes are effective on January 1, 2026, the same date and in the same manner as Chapter 772. To learn more about Chapter 772 read our blog post here(need to post and link). To learn more about Bill No. A08544, click here. 



Monday, March 04, 2024

Freelance Isn't Free Act Changed, RE Brokers / Salespersons Pay Attention

When it comes to the Freelance Isn't Free Act, out with the old and in with the new (A8535). 

The old law (Labor Law 191-d) was supposed to take effect on May 20, 2024 - no more. 

Now, a new version of the statewide Freelance Isn't Free Act will become effective August 28, 2024 and it authorizes the NYS Attorney General to sue and enforce the law. 

This version, passed on March 1, 2024, is at General Business Law Article 44-A. 

The new law applies to "one natural person" who earns at least $800 from the same hiring party within 120 days, except that the law doesn't apply to: 
  1. Independent contractor who solicit manufacturing orders in New York State;
  2. Lawyers;
  3. Doctors; and
  4. Construction contractors.
Under the new law, freelancers must be paid no later than when payment is due under the contract or within 30 days after completion of the freelancer's services under the contract. 

More importantly, all freelancers have a right to a written contract (hiring manager must keep for at least 6 years) that includes, at a minimum, 
  1. The name and mailing address of both the hiring party and the freelancer; 
  2. An itemization of all services to be provided by the freelancer with their value and the rate / method of compensation; 
  3. Payment date or method to determine such date; and
  4. Invoice date by freelancer.
Remember, the big change is that the NYS Attorney General is now involved, has a right to demand a copy of these contracts, and a failure to provide the contract to the Attorney General works a presumption that the freelancer's allegations of what is in the contract are correct. 

More so, the Attorney General is authorized to bring a lawsuit to enforce the law and obtain restitution for freelancers plus a penalty of $1,000 for a first violation $2,000 for a second violation, and $3,000 for a third and subsequent violations. 

Additionally, freelancers have a private right of action that can be brought within 2 years, or 6 years if it's for untimely payment or discriminatory retaliation after such freelancer insisted on their rights under the Freelance Isn't Free Act. 

Get this, untimely payment also gives the freelancer the ability to sue for their attorneys' fees and may give them the ability to obtain double damages in certain circumstances. 

Finally, there is a $25,000 penalty against hiring managers that violate the law by a pattern or practice. So, hiring managers - ALL NYS REAL ESTATE BROKERS - you better update your contracts immediately.



Thursday, February 29, 2024

Employment Discrimination - How Far Should We Go Back for Lawsuits?

NYS' Senate passed a bill, S345, on February 28, 2024, that would change the look-back period (a/k/a, statute of limitations) for employment discrimination in the State from 3 years to 6 years. 


Under Title VII, federally, employees only have 300 days to bring claims so moving the deadline for state claims from 3 years to 6 years would be huge.


How long is the right period that employees should be able to sue for employment discrimination? 


Do you think the Assembly should pass this bill or let it die like they did last time around?






Monday, February 26, 2024

Major Retaliation / Discrimination Case by NYS' Highest Court

On February 15, 2024, The New York State Court of Appeals issued their decision in the Matter of Clifton Park Apts., LLC v. New York State Div. of Human Rights. 


We now know that the "threat of litigation" may support a retaliation claim under the New York State Human Rights law (Executive Law 296). So, if you notice a claim of discrimination and the perpetrator then threatens suing you for other reasons, you likely have a retaliation claim in NYS. 


That's why it is imperative that victims immediately notice perpetrators of their claims in a notice of preservation, notice to insurance, and demand letter. This is how you protect yourself. 


To read the decision, click here.



Thursday, February 22, 2024

CLE - Proving and Calculating Front Pay and Back Pay in Employment Cases

Attorney Andrew Lieb is conducting a Continuing Legal Education course on Thursday, March 14, 2024 through the Connecticut Bar Association. 

Proving and Calculating Front Pay and Back Pay in Employment Cases (EDU240314)


About the Program

This course is designed to empower Connecticut Attorneys evaluating discrimination and whistleblower cases with the skills needed to calculate front and back pay. Attendees will delve into the intricacies of these calculations, exploring the underlying factors, and understanding the legal foundation established by case law and the rationale behind these formulas.

This course was created for both in-house and outside general counsel who need to provide an objective exposure analysis to their C-Suite counterparts when fielding discrimination claims. While this course is tailored for those with existing knowledge of the subject, it also serves as a valuable resource for referring attorneys to know what they have while undertaking an intake and giving initial advice to plaintiffs.

The course includes theory, math, and modeling with hypotheticals to walk participants through practical applications of the discussed concepts. To facilitate continued learning, participants will be provided with helpful links and reference materials, enabling them to further explore the subject matter beyond the course.

By the end of this CLE, Connecticut Attorneys will possess the skills and knowledge needed to confidently calculate front and back pay while having an invaluable resource for screening future employment law cases.

You Will Learn
  • About the impact of the different factors that contribute to the calculation of front pay and back pay
  • How to apply the different factors and how each impacts the calculations
  • Helpful skills and knowledge needed to defend settlements with your C-Suite Team


Friday, February 16, 2024

New Rule for Real Estate Closings Coming Nationwide

On February 16, 2024, the Financial Crimes Enforcement Network (FinCEN) proposed a new rule to mandate certain individuals involved in real estate closings and settlements to report and maintain records on non-financed transfers of residential real property to specific legal entities and trusts nationwide. This proposed rule is called the Anti-Money Laundering Regulations for Residential Real Estate Transfers


Reporting persons ("RP") include, but are not limited, to real estate agents, title insurance companies, settlement agents, and attorneys. There is a “cascading” approach, based on the function performed by the person in the real estate closing and settlement that determines which RP has the burden to report. Regardless, real estate professionals would also have the option to designate a reporting person from among those in the cascade by agreement.


RPs are required to report:

  1. The names and addresses of reporting persons, transferee entities, transferee trusts, signing individuals, transferors, and any beneficial owners.
  2. The citizenship details for all beneficial owners of transferee entities or transferee trusts.
  3. The unique identifiers, such as IRS Taxpayer Identification Numbers (TINs), for individuals and entities involved in the transactions.
  4. A description of the capacity in which the signing individual is authorized to act, such as legal representative or employee.
  5. The details about the total consideration paid for the property, method of payment, accounts used, and the names of payors if different from the transferee entity or trust.
  6. The address of the property and a legal description, such as section, lot, and block.


RPs must e-file the report with FinCEN within 30 calendar days after the transferee entity or transferee trust receives the ownership interest in the residential real property. RPs must maintain a copy of the report, any certifications regarding beneficial ownership, and any designation agreements for five years from the date of the report filing.


Note that transfers of real property to individuals, as opposed to an entity (LLC, Corp, LLP) are not covered by this proposed rule. 


If this rule is adopted the effective date will be one year from the date the final rule is issued. This time period is to allow real estate professionals to have sufficient time to review and prepare for the implementation of the reporting requirements. 


Written comments about this proposed rule are being accepted and must be submitted on or before April 16, 2024 by utilizing this link.



Wednesday, February 14, 2024

SCOTUS Ruling Clarifies Whistleblower Protections

On February 8, 2024, the Supreme Court of the United States rendered its decision for Murray v. UBS Sec., LLC, No. 22-660 (U.S. Feb. 8, 2024). 


The Court held that "[a] whistleblower who invokes [Sarbanes-Oxley] must prove that his protected activity was a contributing factor in the employer’s unfavorable personnel action, but need not prove that his employer acted with 'retaliatory intent.'”


As such, whistleblowers now have a much lower burden when they are retaliated against for reporting to supervisors or the government their reasonable belief of financial crimes, like wire fraud, securities fraud, violating the SEC, or federal law. 

 





Monday, February 12, 2024

New NY Legislation Enables Remote Witnessing of Health Care Proxies

New York has made a significant advancement in healthcare decision-making with the signing of Assembly Bill A8521, allowing for the remote witnessing of health care proxies. This amendment to the state technology law acknowledges the importance of accessibility and safety in legal processes, particularly in times when in-person witnessing is not feasible. Health care proxies, vital for appointing a trusted individual to make health care decisions on one's behalf if incapacitated, can now be witnessed remotely, ensuring individuals' health care wishes are respected even in challenging circumstances.