Florida's CHOICE Act - Non-Competes and Garden Leave - Employers Celebrate

Effective July 1, 2025, Florida's CHOICE Act causes a four-year non-compete agreement to be presumptively enforceable.

Does that mean that all employers are changing their choice of law provisions to take advantage of Florida's non-compete rights?

Nope - the CHOICE Act requires an employer to have a principal place of business in a Florida County for the law's effectiveness. In fact, the law ties qualification to the CHOICE Act to an employee having an annual salary greater than twice the average wage of the Florida county where the employer's principal place of business is located. So, no dice.

However, is this a trend? Regardless, employees - you don't have to sign such non-competes and the law makes that clear by giving you a 7-day review period before its binding with notice of your right to have an attorney, in writing. 

The AI Audit That Wasn’t: How Grok Became a Legal Liability

Elon Musk’s AI company Grok, was caught surfacing antisemitic and racist responses on X (formerly Twitter).

When AI systems are deployed without content filters, human review, or ethical auditing, they can do more than make mistakes in their output. They can create liability under anti-discrimination laws.

Why AI Needs Oversight

Generative AI tools trained on the open web can replicate bias and hate unless carefully monitored. That is why Andrew Lieb, Managing Attorney at Lieb at Law, published the 10-Step Bias Elimination Audit in the New York Law Journal. It provides a compliance roadmap for companies deploying AI tools.

• Audit datasets for bias and disparate impact
• Implement real-time monitoring of outputs
• Involve multidisciplinary teams in reviews
• Document all mitigation efforts for accountability

AI and Legal Risk

AI discrimination is not theoretical. It is actionable under federal and state laws, including Title VII, the ADA, the Fair Housing Act, and New York Executive Law. There are even local laws such as the New York City Human Rights Law that create claims. If an algorithm makes a discriminatory decision, the company using it can be sued for discrimination where they can owe back pay, front pay, emotional distress damages, punitive damages, and attorneys' fees / expert fees while also being ordered to change their practices, train on anti-discrimination, and more.

At Lieb at Law, we provide both defense and prevention. Our team litigates AI-related claims and performs compliance audits to help businesses avoid them.

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Lieb at Law helps companies navigate the legal risks of artificial intelligence and machine learning. We defend discrimination claims, perform algorithmic audits, and deliver CLE training on AI legal exposure.

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Attorney Advertising: This blog post is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome.

Amazon Flex Drivers: You Might Be Owed More Than You Think

Amazon’s “Flex” program promises freedom - work when you want, earn on your terms. But if you’ve ever driven for Flex, you probably know that the reality doesn’t match the marketing.

According to recent reports, Flex drivers are locked out of the app after working certain hours, penalized for late deliveries even when delays aren't their fault, and subjected to rigid performance metrics. The system tells you when and how to work. That’s not independence. This is control and control is the name of the game when it comes to the distinction between employment status and independent contractor status - think misclassification.

So, that kind of control that Amazon apparently has comes with legal consequences.

Here’s What That Means Legally

If Amazon is telling you when to work, how to perform, and punishing you for noncompliance, they may have misclassified you as an independent contractor when you should be treated as an employee, which gives you access to recover damages in the form of: 

• Unpaid wages and overtime plus liquidated damages and attorneys' fees

• Reimbursement for expenses (like gas and vehicle wear-and-tear)

• Other employee protections under wage and labor laws (employer contributions to health insurance, retirement, workers' compensation premiums, paid time off, etc.) 

Over 15,000 Flex drivers have already filed arbitration claims and reporting indicates that Amazon has lost most of them.

Why You Are Forced into Arbitration
Companies like Amazon often make workers agree to arbitration so they can't sue in open court or join class actions. It’s designed to keep things quiet and discourage claims. But it’s backfiring because thousands of drivers are taking action, one case at a time. And they’re winning.

Know Your Rights - Especially in New York
In New York, the State's Labor Law offers enhanced protections over the Federal Fair Labor Standards Act for misclassifications, including a 6 year statute of limitations rather than a 2 year. Moreover, if you can't prove a misclassification, New York gives freelancers (independent contractors) their own set of labor protections in the Freelance Isn’t Free Act (FIFA). Under FIFA, you have the right to a written contract with specific protective terms, timely payment, and protection from retaliation. If Amazon (or any company) fails to pay you properly or takes advantage of your contractor status, you can pursue legal action, depending on the facts.

Bottom Line
If you’ve worked for Amazon Flex or any gig platform and felt more like an employee than a business owner, you may have a case. The law protects workers from companies that try to cut corners by calling employees “independent contractors.”
You have rights. And at Lieb at Law, we’re here to help you enforce them.

How to Renew Your NY Real Estate License (Without Losing It)

Whether you're a seasoned broker or a first-time salesperson, renewing your New York real estate license is not optional — it's legally required. And if you’re not careful, one small mistake in the renewal process could leave you unlicensed, out of compliance with Article 12-A, and unable to collect commissions.

At Lieb School, we train thousands of real estate professionals every year to meet their continuing education (CE) requirements on time and with ease. As the legal educators behind Lieb at Law, P.C., we’re also keeping a close eye on compliance risks that can cost you your livelihood.

Here’s what the NY Department of State (DOS) wants every licensee to know for a smooth, penalty-free renewal.

✅ TIP: The #1 Mistake to Avoid

Quoted directly from the DOS:
“They need to renew online and make sure they answer ‘YES’ to the continuing education question. If they mistakenly answer ‘NO’, we will not renew their license until we see their original course completion certificates.”

So let’s be clear:
Always answer “YES” to the continuing education question — if you’ve completed your 22.5 hours. Otherwise, your license will be delayed or denied.

📝 How to Renew Your NY Real Estate License

Renewal is done 100% online via eAccessNY. Follow these steps:

1. Log in: Visit eAccessNY and log into your account.
2. Access Your License: From the main menu, click “List of Licenses” and select the license you wish to renew.
3. Click “Renew License”: If your broker or office affiliation has changed, your broker must update your sponsorship BEFORE you renew.
4. Answer the CE Question: Affirm that you completed your required CE — or risk rejection.
5. Submit Payment: Enter your credit card details and click Submit (once!). You’ll get a confirmation page — print or save it.

📩 What Happens Next?

A confirmation page means your application has been submitted, but not yet approved. You must check your license status in your eAccessNY portal under “Application Status Display.”

If it says “In Progress”, DOS is still reviewing your application. If anything is missing, they will notify you.

🚫 What If I Clicked "NO" by Mistake?

You’ll receive a rejection notice. To move forward, you must email original certificates of your CE course completions to the Bureau of Educational Standards, even if it was a mistake.

Avoid this mess by:

• Completing your CE well in advance
• Answering “YES” when asked about CE
• Saving your original certificates for at least two years (you may be audited)

📅 When Should I Renew?

You can renew 90 days (3 months) before your license expires. The expiration date is printed directly on your license, and reminders are sent via email and postcard.

⏳ Don’t wait: If your license expires and stays expired for 2 years, you’ll need to:

• Retake the state exam
• Reapply from scratch
• Pay all new fees

🎓 Learn With Lieb School

Need CE hours? Our fully online, on-demand CE packages are designed to satisfy ALL NY requirements — including:

• Fair Housing / Discrimination (3 hrs)
• Implicit Bias (2 hrs)
• Cultural Competency (2 hrs)
• Agency Law (1–2 hrs)
• Ethics (2.5 hrs)
• Legal Updates (1 hr)
• Electives from expert attorney instructors

📘 View CE Packages for NY Salesperson or Broker License Renewal »

⚖️ Questions About Legal Compliance?

If you're audited, face disciplinary action, or get into legal trouble due to a licensing issue, contact Lieb at Law, P.C. Our attorneys represent brokers and salespersons in DOS investigations, commission disputes, and real estate litigation throughout New York.

🔍 Learn About Our Real Estate Brokerage Law Services »

🏛 About Lieb School & Lieb at Law, P.C.

Lieb School is a New York Department of State-approved real estate school delivering practical legal education for license renewal. All instructors are licensed attorneys from Lieb at Law, P.C., a boutique law firm focused on real estate, employment, and discrimination litigation.

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AI Just Won Big in Copyright Cases: What Happens Next?

A U.S. federal judge just handed artificial intelligence ("AI") one of its first big courtroom wins that will likely ripple through every major copyright case against AI companies.

In Bartz v. Anthropic, the court ruled that it is fair use to use legally purchased books to train an AI model. Judge Alsup called the use "quintessentially transformative," comparing teaching an AI how to write to a human reading a book to learn how to write. Since the AI wasn’t copying or republishing the books, just learning from them, he found it didn’t violate copyright laws. 

This is huge for the growth of AI models. However, a real terrible moment for authors, artists, and other creators who have been arguing that using their work, especially without permission, amounts to large-scale theft. 

This decision will shape the future, unless reversed on appeal. While Judge Alsup's ruling is not binding on other courts across the U.S., every founder, judge, and lawyer working on AI copyright issues needs to take notice.

To be clear, Judge Alsup's ruling doesn’t give AI companies a free pass. He has also allowed a separate claim to move forward about allegedly using pirated books for training. As a result, the how and where data comes from still matters.

Workday Lawsuit Proves Discrimination Risk: Audit Your AI Now

Well, here it is, a federal judge just let a discrimination lawsuit move forward against Workday, the tech giant behind hiring software used by over 10,000 companies. Who is the plaintiff? A Black man over 40 with anxiety and depression who says he was auto-rejected more than 100 times by companies using Workday's AI.

He alleges the algorithm itself is biased, filtering out applicants based on race, age, and disability. This isn't just speculation, and he argues that it is supported by studies, which have shown AI hiring tools regularly replicate the same discrimination humans are supposed to avoid.

In July 2024, we blogged about New York’s DFS warning insurers, if you’re using AI and third-party tools, you’re responsible for making sure they don’t discriminate. That means audits, transparency, and clear legal accountability, even if the tool wasn’t built in-house.

In the New York Law Journal, we outlined exactly what a proper AI audit looks like, because when the lawsuits come, and they are coming, ignorance isn’t a defense, but a proper audit and intervention are very good defenses.

Workday says it “opposes discrimination.” Great. But denying wrongdoing doesn’t stop a lawsuit from moving forward, or a reputation from unraveling. If you’re using AI in hiring or other decision-making, the Workday case is a giant red flag. Start auditing NOW.

If your software is doing the sorting, you better know how it’s doing it, and who it’s leaving out.

So here’s the question: Have you audited your AI tools yet?