Legal Analysts

Showing posts with label #liebatlaw. Show all posts
Showing posts with label #liebatlaw. Show all posts

Thursday, June 01, 2023

Join Lieb at Law, P.C. as a Fall 2023 Litigation Extern (Law Students Only Apply)

Lieb at Law, P.C. presents a remarkable opportunity for passionate law students to join our esteemed litigation boutique law firm as externs for the Fall 2023 term. As a 1L or 2L, this is your invitation to become part of a dynamic work environment in Smithtown, where a commitment to excellence permeates every aspect of our practice.

The firm is dedicated to making a real difference in the lives of individuals facing discrimination and retaliation in schools, workplaces, and housing. Our litigation practice serves as a powerful tool to stand up for those whose rights have been violated. By joining our team, you will immerse yourself in a purpose-driven environment where you can actively contribute to impacting positive change. Our unwavering dedication to fighting for justice has garnered national media attention, as we make a difference in the lives of individuals who have experienced discrimination and retaliation. By joining our team, you will become part of an environment that enables you to actively contribute to meaningful transformations.

In this fast-paced office, we seek lawyers and law clerks who fearlessly tackle challenges and manage a wide array of responsibilities while maintaining their composure. Drafting pleadings, handling discovery, and preparing motions are just some of the tasks that keep us busy before lunchtime.

Upon completing a semester externship with us, you will be considered for a highly sought-after law clerk position. This invaluable experience can be the stepping stone to an associate position with our firm upon graduating from law school. We value our team members and strive to foster long-term relationships that facilitate growth and professional development.

Desired qualifications:
  • Excellent critical thinking and writing skills
  • Proficiency in discovery
  • Experience in motion practice
  • Strong research abilities using platforms like Westlaw

About Lieb at Law, P.C.:

Lieb at Law, P.C. is a prestigious litigation boutique law firm specializing in discrimination claims in employment, school, and housing. Additionally, we handle commercial disputes, real estate brokerage commission and ethics matters, breach of contract cases, title claims, commercial landlord-tenant evictions, mortgage foreclosure actions, plaintiff's personal injury, and all employment-related matters such as wage and hour claims and whistleblower actions.

Beyond our litigation practice, we offer valuable advice and counsel as outside general counsel to our corporate clients.

Our attorneys are licensed to practice law in New York, New Jersey, Connecticut, and Colorado, and we proudly represent clients in federal courts.

Our firm's culture is rooted in three pillars of success: self-confidence, grit, and skill.

To enhance our culture, we leverage technology extensively. Our staff has access to a cloud-based legal research platform, ensuring up-to-date case information is accessible anytime and anywhere. Our secure, cloud-based case management system meticulously records every detail, enabling easy access to case facts at the touch of a button. Additionally, we employ enterprise file sharing, storage, and collaboration software, facilitating efficient teamwork and innovative document preparation.

In addition to our client representation, our managing partner serves as a media legal analyst, frequently appearing on national TV and radio. This ethos of teaching the law rather than solely learning from others extends to our attorneys who actively participate in continuing education events and corporate trainings.

At Lieb at Law, P.C., we stand at the forefront of new statutes, regulations, and cases, giving us a strategic advantage in the courtroom and ensuring exemplary representation for our clients. Join us this fall and unlock your legal potential in an environment that embraces excellence, growth, and innovation.

To Apply: 
As an important part of our selection process, we would appreciate it if you could provide us with additional information regarding your interest in our externship. We are particularly interested in understanding:
  1. Why are you interested in an externship with Lieb at Law?
  2. How does this externship align with your career objectives?
  3. What are the specific areas of our work that you are most interested in and why?
  4. How do you believe your skills and experiences can add value to our firm?

Tuesday, July 19, 2022

NYC Patch: We Don't Want To Burn To Death' - Deaf NYC Tenants Plea For New Alarms. Interview with Andrew Lieb

Not wanting to die in a fire, tenants in a Manhattan building for the hearing impaired and deaf have filed a class action lawsuit demanding that the landlords and management companies upgrade items like the fire alarm so it vibrates and stops being useless for tenants who can't hear. Interview with Attorney Andrew Lieb on the lawsuit. 

Click Here For Patch Article Here. 

Thursday, June 09, 2022

Attorney Andrew Lieb - News Reel

 Need a Legal Analyst for your show? Check out Andrew Lieb's news reel here. Volume Up! 

Wednesday, December 22, 2021

Third-Party Delivery Services Cannot Sell or Advertise Merchant's Products Without a Valid Agreement with the Merchant

On December 21, 2021, Gov. Hochul signed Bill A04651 into law, which requires third-party delivery services to have a valid agreement with merchants before advertising, promoting, or selling any of the merchant's products on their platforms. 

So going forward, third-party delivery services such as Uber Eats, DoorDash, and GrubHub must have valid agreements with local restaurants before promoting or selling any of the restaurants' food/products. There is no question, especially during the ongoing COVID-19 pandemic, local restaurants have utilized third-party delivery service platforms to further promote their businesses, to generate new customers, and to increase overall exposure to local communities. At the same time, the use of third-party food delivery services has exploded and these third-party food delivery services have gotten away with charging local restaurants excessive fees and commissions on the delivery of a restaurant's food/products, which have diminished a restaurant's overall profit. 

This new legislation also forbids any indemnity clauses in these agreements. It is common for many third-party food delivery services to attempt to limit their own liability for any issues related to the food itself or for any accidents that occur during the delivery process. This is why third-party service agreements often contain an indemnity clause, which is a "risk-shifting" provision, in which a restaurant agrees to defend, reimburse, and hold harmless a third-party food delivery service for any and all claims arising out of the third-party food delivery services' scope of work.  

This new legislation ensures that restaurants in New York State will know precisely what fees/commissions a third-party food delivery service will charge on deliveries and also protects restaurants against claims arising from the delivery of their food/products. 

Violations of this new legislation can result in a civil penalty of up to $1,000 per violation. Additionally, a restaurant has the right to file a lawsuit for damages, which includes the civil penalty of $1,000 per violation, injunctive relief, and may even be awarded reasonable court costs and attorney's fees at the court's discretion. 

Will we see fewer restaurants advertised on third-party delivery services apps going forward in light of this new legislation? 

Will we see a snowball effect of increased lawsuits against third-party delivery services? 

Time will tell...

It's Official! Lenders Must Maintain Vacated Residential Property at the Start of a Foreclosure Action

As you may recall, a proposed bill (S1579A) was submitted to Gov. Hochul earlier this month seeking to amend the RPAPL and require lenders, assignees, or mortgage loan servicers to maintain and upkeep vacant residential property at the beginning of a foreclosure action, rather than towards the end of it. 

On December 21, 2021, Gov. Hochul signed the bill into law and it became effective immediately. 

Lenders are likely not thrilled about this new legislation considering they now face the burdensome task of maintaining and upkeeping vacated residential homes throughout the entire foreclosure process, which as we all know, could last months or even years. 

Lenders could also face the risk of being accused of trespass for gaining access to what is a supposed to be a vacant residential home that is being foreclosed upon. It is certainly not uncommon for homeowners to continue residing at a foreclosed home especially at the commencement of a foreclosure action.  

What kind of ripple effect will this new legislation have on residential foreclosure actions going forward?

Stay tuned over the coming months to find out....

Thursday, December 09, 2021

Lenders May Soon Be Forced to Maintain Vacated Foreclosed Residential Property at the Start of a Foreclosure Action

A bill (S1579A) awaiting Gov. Hochul's signature will amend section 1307 of New York Real Property Actions and Proceedings Law ("RPAPL") & require plaintiffs, lenders, assignees, or mortgage loan servicers in a residential mortgage foreclosure action to maintain vacated foreclosed property at the commencement of a foreclosure action. 

Currently, section 1307 of the RPAPL imposes a similar duty on plaintiffs to maintain vacated foreclosed property after obtaining a judgment of foreclosure and sale through the time ownership of the vacated foreclosed property has been transferred to another party. 

It is not uncommon for residents who fall behind on their mortgage to leave or abandon their homes. As a result, lenders will commence a foreclosure action, but may delay in taking control of the vacated or abandoned property, resulting in unmaintained and deteriorating property. 

As we all know, the foreclosure process in New York State can be quite lengthy and, in many instances, it can take years for a plaintiff or lender to obtain a judgment of foreclosure and sale. 

Requiring plaintiffs or lenders to maintain abandoned or vacated foreclosed property at the start of a foreclosure proceeding ensures that the foreclosed property will not deteriorate due to lack of maintenance and upkeep and will ensure that the future owner of the foreclosed property will have a home that is in adequate, or even pristine condition, at the time of closing. 

On the other hand, plaintiffs and lenders will likely argue that this amendment places an undue burden on them since they now have to maintain a vacated property at the start of a foreclosure action, rather than towards the tail end of it. 

This could cause lenders to either: 

  1. Move quickly in a foreclosure action rather than take their time, or 
  2. Delay or limit foreclosure actions altogether in order to avoid the burden of maintaining a vacant or abandoned residential home at the start of a foreclosure proceeding. 

Regardless, aren't there going to be disputes as to whether a property was abandoned and whether the lender was trespassing? Would you want a lender going into your home, even if they were maintaining it, as obligated? 

Lenders would be wise to seek court orders confirming that property is abandoned and they can enter prior to acting under this bill, if it becomes law. Otherwise, they should expect to be counterclaimed for trespassing as they don't have any legal right to the property until the foreclosure proceeding is concluded. 

Stay tuned to see if Gov. Hochul signs this bill into legislation...

Wednesday, November 17, 2021

Attention NY Businesses - Emergency Regulation Issued to Implement NY HERO Act's Exposure Prevention Standard

As you may recall, on May 5, 2021, the NY HERO Act was signed into law in order to protect employees against exposure and disease during a future airborne infectious disease outbreak. The HERO Act requires employers to take certain measures to protect their employees in the event of future airborne infectious disease outbreaks, which includes requiring employers to have an exposure prevention plan in place in the event of a future outbreak.

As previously reported on this Blog, regulation 12 NYCRR 840.1 entitled "Airborne Infections Disease Exposure Prevention Standard" was proposed over the summer to assist employers in adopting an exposure prevention plan. 

Although 12 NYCRR 840.1 has not yet been approved, the New York State Dept. of Labor has enacted an emergency regulation so that 12 NYCRR 840.1 can be immediately adopted. 

Regardless of whether or not 12 NYCRR 840.1 is ultimately approved, employers should still have an exposure prevention plan in place. However, to err on the side of caution and to avoid a whirlwind of possible future lawsuits, employers should comply with the requirements set forth 2 NYCRR 840.1, especially in light of the Dept. of Labor's recent actions in proposing an emergency regulation to adopt 12 NYCRR 840.1.

Clearly, the Dept. of Labor is gravely concerned about the possibility of future airborne infectious disease outbreaks and their patience is running thin.

If you agree or disagree with the Dept. of Labor's emergency regulation, you can make your voice heard by emailing Michael Paglialonga, Dept. of Labor, at, by December 31, 2021. 

Wednesday, November 10, 2021

It's Official, Unlawful Debt Collection Practices Will Not Be Tolerated!

As you may recall, a proposed bill (A2382) was submitted to Gov. Hochul last month, seeking to amend the CPLR & Judiciary Law concerning predatory debt collection practices & consumer actions, as discussed in our blog here.

On November 8, 2021, Gov. Hochul signed bill A2382 into law. 

"When bad actors try and take advantage of consumers, New York will fight back. I'm proud to be signing legislation that will protect New Yorkers from unscrupulous practices by debt collectors and utility companies."  -Gov. Hochul. 

This is huge news considering the new legislation will undoubtedly protect debtors from abusive debt collection practices. 

How big of an impact will this new legislation have on overall debt collection practices in New York? 

Stay tuned....

Friday, October 29, 2021

Predatory Debt Collection Practices No Longer Tolerated in New York

A proposed bill (A2382), awaiting Gov. Hochul's signature, seeks to amend the civil practice rules in NY (CPLR) & Judiciary Law concerning predatory debt collection practices & consumer credit actions. 

Specifically, the Bill provides the following: 

  • Cut the statute of limitations on consumer credit transactions in half (i.e., from 6 years to 3 years);
  • Require all consumer credit action pleadings to include additional information (i.e., name of original creditor, last 4 digits of account number on most statement, date & amount of last payment, etc.);
  • Allow defendants to raise improper service as a defense (i.e., unwaivable); 
  • Require an additional notice of a pending consumer credit action be mailed to a defendant by clerk of the court; &
  • Require additional steps for entry of default judgment against a debtor (i.e., affidavit by original creditor of facts related to debt/default in payment, affidavit of sale for every subsequent assignment of sale of debt to a third-party, affidavit of a witness of the plaintiff, including chain of title of debt, etc.). 

As you may know, thousands upon thousands of debt collection lawsuits are filed against low to moderate income families in New York. Plus, debt collectors often utilize unlawful debt collection practices, including continuous & persistent phone calls in the early morning or late evening hours. Additionally, debt collectors have been able to take advantage of the 6-year statute of limitations by tacking on additional fees & interest on underlying debt. 

The Bill, when signed, will undoubtedly reduce the number of debt collection lawsuits in New York, force debt collectors to act swiftly should they choose to collect on an unpaid debt, significantly reduce fees & interest on underlying debts, & make entry of a default judgment against a debtor much more difficult to obtain. 

The COVID-19 pandemic is still ongoing & those in credit card debt are likely the same ones who have been laid off & have difficulty paying their bills & putting food on their tables. This Bill will certainly help those individuals who have & continue to face predatory debt collection practices from debtors & would provide some sort of relief during this difficult time. 

Stay tuned to see if Gov. Hochul signs this bill into legislation... 

Monday, October 04, 2021

Guidance Published for Federal Contractors and Subcontractors on COVID Vaccinations

As you may recall, all federal contractors now have vaccination requirements because of Executive Order 14042, as discussed in our blog here.

The Order requires that all contracts between federal contractor and subcontractor contain a clause ensuring compliance. However, the specifics of that clause were unknown until September 24, 2021, when the Safer Federal Workforce Task Force (SFWTF) published guidance, which requires:

  • Vaccinations of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accomodation; 
  • Compliance by individuals, including covered contractor employees and visitors, with the  guidance related to masking and physical distancing while in covered contractor workplaces; and 
  • Designation by covered contractors of a person(s) to coordinate COVID-19 workplace safety efforts. 

The SFWTF guidance requirements for federal contractors and subcontractors are similar to the ones imposed upon NYS healthcare workers, which also require full vaccination as a condition of employment. 

Do you think we are going to see the same lawsuits and pushback on this requirement as we did in the healthcare setting?  

Will there be lots of employees quitting their jobs rather than complying? 

Is SFWTF overreaching in its efforts to stop the spread of COVID-19 or did they get it right? 

Thursday, September 30, 2021

Minimum Wage Workers Outside NYC, Suffolk, and Westchester Counties May Soon Receive a Boost in Hourly Wages

A proposed rule at 12 NYCRR 141 will increase basic hourly minimum wage for non-farm workers outside of New York City, Nassau, Suffolk and Westchester counties, from $12.50 to $13.20. 

This proposed rule is in compliance with the minimum wage requirements at Labor Law 652(6)

Although 70 cents may not be considered impactful by many, those struggling to afford monthly expenses, especially during the ongoing COVID-19 pandemic, will certainly benefit from such an increase. 

To voice your support or opposition to this proposed rule, comments should be sent to Michael Paglialonga, NYS Dept.of Labor at by November 29, 2021. 

Monday, September 27, 2021

With Hospital and Healthcare Shortages Looming Following the Vaccination Deadline, Gov. Hochul Releases Comprehensive Plan

On September 25, 2021, Gov. Hochul released a comprehensive plan to address possible shortages within hospital and health care facilities in preparation for today's vaccination deadline. 

The plan includes the following: 

  • Signing an executive order (if necessary) to declare a state of emergency that would increase workforce supply in the hospital and health care facilities and allow qualified health care professionals in other states or countries, recent graduates, and retired health care professionals to practice in New York;
  • Exploration of ways to expedite visa requests for medical professionals; 
  • Possible deployment of medically-trained National Guard members; &
  • Partnering with the Federal Govt. to deploy Disaster Medical Assistance Teams ("DMATs") to assist local health and medical systems. 

Gov. Hochul stated that the New York State DOL has issued guidance to clarify that terminated workers will not be eligible for benefits unless they have a valid physician-approved request for medical accommodation. 

Gov. Hochul is clearly preparing for a likely healthcare staffing shortage caused by today's vaccination deadline.

Will today's vaccination deadline, seeking an increased number of vaccinated healthcare workers, outweigh the immediate impact of terminated staff? 

Time will tell...

Wednesday, September 22, 2021

Estate Tax Exemption is About to be 1/2'd - Get Planning Now

The Tax Cuts and Jobs Act ("TCJA") caused the gift, estate, and gift-skipping transfer ("GST") tax exemptions to be $11.7 million per person in 2021. However, it is scheduled to decrease to $5 million, adjusted for inflation on January 1, 2026. Have you been planning for that cliff? 

Even scarier for estate tax planning is the Build Back Better Act, which is a projected $3.5 trillion COVID-19 plan proposed by President Biden to create jobs, cut taxes, and lower costs for working families, which includes lowering taxes, prescription drug, childcare, health care, and education costs. This law proposes to accelerate the estate tax exemption decrease by four (4) years, to January 1, 2022

Yet, the Build Back Better Act is not yet enacted into law. It is currently being marked up by the House Ways and Means Committee. 

Have you spoken to your congressperson about your feelings about speeding up the estate tax exemption cliff? 

Do you think it should be included in the Build Back Better Act? 

Stay tuned for updates concerning the Build Back Better Act in the upcoming weeks to follow... 

Wednesday, September 15, 2021

COVID-19 Safety Protocols for Federal Contractors and Subcontractors - Executive Orders Analyzed

In an effort to further provide adequate COVID-19 safety protocols for federal contractors and subcontractors, on September 9, 2021, President Biden signed Executive Order 14042, requiring federal agencies to ensure that contractor and subcontractor contracts contain a clause requiring contractors and subcontractors to comply with all guidance for workplace locations published by the Safer Federal Workforce Task Force ("SFWTF").

President Biden established the SFWTF in order to provide guidance to the heads of Federal Govt. agencies on employee safety during the ongoing COVID-19 pandemic. By September 24, 2021, the SFWTF will provide explanations of protocols required of contractors and subcontractors to ensure workplace safety compliance at workplace locations. Stay tuned for further information as it becomes available. 

It appears that Executive Order 14042 goes hand-in-hand with Executive Order 14043, also signed by President Biden on September 9, 2021, which requires COVID-19 vaccinations for all federal employees, subject to certain exceptions. Additionally, by September 16, 2021, the SFWTF is required to provide guidance to federal agencies who must implement a program requiring COVID-19 vaccination for its employees. Stay tuned for our analysis of that guidance as well. 

Clearly, President Biden has taken drastic steps in an attempt to slow down the spread of the ongoing COVID-19 virus. 

It will be interesting to see what guidance protocols the SFWTF comes up with over the course of this month - do you think it will be challenged in court? 

Stay tuned...

Friday, September 10, 2021

The Fight to Stop Source of Income Discrimination in NYC

NYC Council has enacted local law 1339-2019, which amends Title 21 of the NYC Administrative Code by adding section 21-142, requiring the DSS to provide CityFHEPS (a rental assistance program designed to help individuals and families find and keep housing) applicants with written notice about source of income discrimination at the time an applicant receives a shopping letter from the DSS. 

The notice would provide information about protections under the NYC Human Rights Law related to source of income discrimination.  

The notice will provide the following: 

  • Examples of phrases that may indicate discrimination based on lawful source of income.
  • A statement that it is illegal for landlords, brokers, and other housing agents to request additional payments for rent, security deposit, or broker's fee because an individual receives rental assistance.
  • A statement that it is illegal for landlords, brokers, and other housing agents to publish any type of advertisement that indicates a refusal to accept rental assistance.
  • A statement that an individual has a right to be free from discriminatory, harassing, or threatening behavior or comments based on individuals' receipt of rental assistance. 
  • Contact information for the department's source of income discrimination unit.

Clearly, this local law significantly stops landlords from discriminating against prospective or existing tenants that qualify for source of income under the CityFHEPS program. On the flip side of the coin, the law undoubtedly benefits those receiving source of income from the CityFHEPS program and prospective tenant applicants of the CityFHEPS program, by greatly reducing the likelihood of landlord discrimination based on source of income, while also providing a method to report any future source of income discrimination. 

What's missing is that CityFHEPS recipients should know that they can file suit and get their attorneys' fees paid if they are victims of discrimination. While the BYC Council has made it clear that source of income discrimination will not be tolerable on any level, are landlords prepared to avoid claims of discrimination?  

Landlords - what are you doing to enact policies so your teams don't discriminate? 

Tuesday, September 07, 2021

New Legislation - Shared Work Program Gives Employers Flexibility to Avoid Layoffs

Struggling employers can reduce their employee's hours and those employees can offset their lost wages with unemployment insurance (UI) under the Shared Work Program, which now offers even more flexibility thanks to S.4049, which Governor Hochul signed on Labor Day (9/6/21).

The Shared Work Program provides employers with an alternative to laying off workers during business struggles by allowing employees to receive partial UI benefits while working reduced hours. 

Previously, under the Shared Work Program, employees could only collect partial UI benefits for up to 26 straight weeks, regardless of what their maximum benefit entitlement is under UI. 

Now, the new legislation changes the cap on shared work benefits from 26 straight weeks to an amount of time equal to 26 weeks' worth of benefits. In other words, employees can now collect UI benefits until they have reached their maximum benefit amount under UI. 

This change will ultimately extend the length of time a worker will receive benefits under the Shared Work Program.

According to Gov. Hochul, "these bills [workforce legislation package] will ensure that workers receive fair wages, benefits, and are kept safe in their work places." 

How big of an impact do you think this new legislation will have on workers and employers going forward? 

Tuesday, August 31, 2021

Emergency Regulation Released to Guide Employers on Immediately Complying with NY HERO Act

As previously reported on this Blog,  the New York Health and Essential Rights Act ("NY HERO Act") requires employers to take various measures to protect employees in the event of a future airborne infectious disease outbreak.  An "emergency regulation"  and "proposed final regulation" was recently released to clarify and implement certain requirements contained in the NY HERO ACT so employers are prepared in the event the NY Health Commissioner designates an airborne infectious disease as highly contagious. 

Specifically, the regulation designated as 12 NYCRR 840.1, entitled "Airborne Infections Disease Exposure Prevention Standard" requires employers to:

  • Establish a written exposure prevention plan designed to eliminate or minimize employee exposure in the event of an outbreak of an airborne infectious disease;
  • Update exposure prevention plans whenever necessary to reflect new or modified tasks which affect occupational exposure and to reflect new or modified employee assignments;
  • Make exposure prevention plans available, upon requests, to all employees;
  • Select and obtain appropriate exposure controls appropriate for exposure risks (i.e. health screenings, masks, distancing, hygiene, etc.); and 
  • Prohibit employers from retaliating against employees for exercising their rights under an employer's exposure prevention plan. 

Do you agree with this proposed final regulation? 

To make your voice heard, comments should be sent to Michael Paglialonga, Department of Labor, at, by November 2, 2021. 

Friday, August 20, 2021

New Law Cuts Down Banking Overdraft Fees for its Customers

In one of his last acts as Governor for the State of New York, Gov. Cuomo signed legislation on August 19, 2021, which requires banks in NY to take action to prevent overdraft fees against its customers. 

Previously, under the NYS Banking Law, if a customer's check exceeds the funds available in the customer's checking account, that check and any subsequent checks received by the bank would be dishonored by the bank. In other words, even if there were sufficient funds to satisfy these subsequent checks, the banks would still dishonor those checks because the initial check was rejected, and therefore, the banks would be able to charge overdraft fees on each rejected check. 

This new legislation (S1465) requires banks to honor any subsequent checks presented to a bank if the customer's account has sufficient funds to cover those checks, even if the initial or prior check was dishonored due to insufficient funds in the checking account. 

The rationale behind this new legislation stems from the ongoing COVID-19 pandemic; specifically, the struggles in our economy and the struggles that many families continue to endure when it comes to paying their bills. This new legislation will ensure that banking customers will not be charged excessive overdraft fees and will allow customers to hold onto more of their money.

How big of an impact will this new legislation have on our economy going forward? 


Thursday, August 12, 2021

Will NY Governor Hochul End the Employer Wage Theft Loophole?

One of the first decisions that Governor Hochul will likely have when she is sworn in should be relatively simple. 

The new Governor should sign S858, which was delivered to the Governor on August 9, 2021, and which amends Labor Law 193 to stop employers from utilizing a narrow definition of deductions to steal wages. The amendment states "THERE IS NO EXCEPTION TO LIABILITY UNDER THIS SECTION FOR THE UNAUTHORIZED FAILURE TO PAY WAGES, BENEFITS OR WAGE SUPPLEMENTS."

As background, the Labor Law authorizes employees to sue to recover "unpaid wages, attorney's fees, and in many cases liquidated damages" for violations of Article 6 of the Labor Law. However, oddly enough, Article 6 does not contain any express obligation to pay wages. Rather, the Labor Law requires timely payment of minimum wage overtime, etc. Employees have used Section 193 ("Deductions from Wages") to try to recover for an employer's complete failure to pay wages with mixed results because Section 193 applies to unlawful deductions from wages, not a failure to pay full wages or an employer, for example, unilaterally reducing an employee's wages for a given pay period for poor performance (not technically considered a "deduction"). Employees, thus, are often left to proceed under a cause of action for breach of contract, which does not permit recovery of liquidated damages and attorneys fees. This new proposed law, which the new Governor should sign, clears up any confusion by clarifying that any non-payment is a deduction and damages are recoverable, including attorneys' fees.

According to the Bill's justification, "employees must be paid what they are owed, no matter what."

If you haven't been paid, you have 6 years under the Labor Law to pursue your wages.

Have you been paid everything that you are owed? If not, you should contact an employment attorney.

Friday, August 06, 2021

New NYS Law Prohibits HOAs from Restricting Solar Installations

As of October 1, 2021, Homeowners Associations will no longer be permitted to blanketly block unit owners from installing solar panels in their full discretion. 

A new NYS law, S2997, prohibits restrictions with "unreasonable limitations" on solar installation, including:

  • Inhibiting solar from functioning at maximum efficiency; and 
  • Increasing solar installation or maintenance costs by more than 10% of total cost of initial installation of SPS.

The new law also requires HOAs to detail the basis for any solar installation rejection. 

Further, the new law includes a private right of action to sue HOAs who violate the law. 

As a result, HOAs better update their House Rules and policies immediately to avoid being sued. 

Did your Board update your policies yet?