Implicit Bias Discrimination Trainings in the Face of EO 13950 Restriction

Anti-discrimination trainings start with learning that we all have implicit biases. However, President Trump had blocked training this topic by Executive Order in many different situations. Well, the federal courts took none of that and have permitted implicit bias trainings again. Andrew Lieb provides an update in the Suffolk Lawyer, Law Journal.

Read the full published article HERE.

Employees in the NYC Fast Food Industry Will No Longer be Considered "At-Will"

The NYC Council enacted two bills which effectively ended "at will" employment for employees in the New York City fast food industry. Mordy Yankovich, Esq. shares the updates to the law in the February issue of the Law Journal, The Suffolk Lawyer.

Click HERE for the link to the article.

Housing Discrimination Plaintiffs Now Have Two Bites at the Apple

Starting in 2021, every New York state housing discrimination plaintiff should bring an administrative complaint at the Division of Human Rights before even considering filing a lawsuit in state Supreme Court or federal District Court. 

Andrew Lieb, Esq. provides an update to the Executive Laws that were amended and effective 1/5/21. 

To read the full article published in The Suffolk Law Journal, The Suffolk Lawyer, CLICK HERE. 

Complying with Employment Laws Applicable to Remote Employees

The Covid-19 pandemic has compelled many employers to employ remote workers for the first time. Managing remote employees can be challenging and employers may be exposed to substantial liability if they do not have an understanding of how federal, state and local employment laws apply to remote employees. 

Mordy Yankovich, Esq. shares three areas of potential exposure for employers and how to best mitigate such exposure in the legal publication, "Complying with Employment Laws Applicable to Remote Employees". 

This article was published in the Suffolk Lawyer. 

CLICK HERE TO READ THE ARTICLE. 

New Real Estate Brokerage Advertising Regulations

Are you ever confused about who the broker is when you search for property online? Thankfully, the NYS advertising regulations were just amended to adequately disclose to the consumer who the exclusive agent is. The specific updates are included in Andrew Lieb's latest article published in The Suffolk Lawyer, law journal. CLICK HERE FOR THE FULL ARTICLE. 

How to Track a Remote Employee’s Hours Worked in Compliance with the Fair Labor Standards Act

Creating and issuing clear policies and enforcing such policies will make managing remote employees less onerous and less costly. Mordy Yankovich, Esq. provides policy advice in The Suffolk Lawyer.

CLICK HERE to review the full article. 

Consent to Foreclosure or Deed in Lieu as Mortgage Workout Options: Which is Better?

With roughly 10% of Long Island homeowners behind on their mortgage, it's time to start thinking about foreclosure settlement options. Andrew Lieb breaks down the difference between a deed-in-lieu and a consent to foreclosure in this helpful article for lenders and borrowers alike.

CLICK HERE to read the article published in The Suffolk Lawyer

Federal Eviction and Foreclosure Moratoriums Invite Litigation

Andrew Lieb published the article in The Suffolk Lawyer, Federal Eviction and Foreclosure Moratoriums Invite Litigation. This article discusses issues that will be litigated if an eviction moratorium is raised as a defense to an eviction proceeding.

CLICK HERE FOR ARTICLE

Top 5 Labor and Employment Laws of 2019

Mordy Yankovich, Esq. shares the top 5 employment laws that will have an impact in the workplace in 2020.

Read the full article published in The Suffolk Lawyer here. 

Top 10 Real Estate Laws of 2019

Andrew Lieb published the Top 10 Real Estate Laws of 2019 in the Suffolk Lawyer. Read the full article here. 

Employers May be Exposed to a Sex Discrimination Lawsuit From...an Alleged Harasser?

In this “Me Too” era, it is logical that an employer’s reflexive reaction to receiving a complaint of harassment from a female employee is to immediately fire the alleged male harasser. However, while the employer may believe that firing the male employee will protect the employer from a lawsuit by the female employee, such impulsive action without a thorough unbiased investigation may expose the employer to a sex discrimination lawsuit filed by . . . the alleged male perpetrator. 

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

Housing Discrimination Lawsuits and Damages

On 11/17/19 Newsday published "Long Island Divided" a report of the state of housing discrimination on Long Island.

Private discrimination lawsuits are about to flood the courts and suits can result in 6 to 7 figure awards. A discrimination plaintiff bringing a court proceeding will seek actual damages (direct for loss of housing and consequential of emotional distress for loss of dignity), punitive damages, statutory penalties, attorneys' fees and costs.

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

Co-op Purchaser Application Fees Eliminated by Tenant Protection Act?

Co-ops sales may be subject to the Housing Stability and Tenant Protection Act. Forget what "our attorneys" have said - here is the go to analysis for prospective litigation on the issue. 

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

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.

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. 

Landlords/Associations Need Policies/Procedures to Address Tenant-on-Tenant Harassment

Be warned, Assoc. Boards / Landlords without policies to address tenant-on-tenant harassment are liable to victims. Read the full article by Andrew Lieb, Esq. published in the Suffolk Lawyer Here. 

The Court of Appeals Salvages the Home Health Care Industry by Upholding the DOL's "13-Hour Rule"

Employers in the home health care industry can breathe a sigh of relief as New York State’s Highest Court ruled that home health care aids do not have to be paid for their entire 24-hour shift, so long as certain conditions are met. Read the full article by Mordy Yankovich, Esq. published in The Suffolk Lawyer Here 

Federal Preemption of State Banking Laws — Are Mortgages and Foreclosures Ripe for Federal Regulation?

Foreclosure laws vary drastically between the states. A recent decision from the Ninth Circuit Court of Appeals questions whether national banks can rely upon regulations and guidance from the Office of the Comptroller of the Currency when deciding whether local state law governs. Dennis Valet, Esq., examines whether Congress will step in to regulate a fractured banking system filled with contradicting state laws in order to give national banks the certainty they need to operate in multiple jurisdictions.

Read the full article published in The Suffolk Lawyer here. 

Misclassification of Employees as Independent Contractors: A Costly Mistake

Misclassifying an employee as an independent contractor can be devastating to an employer. Employers can potentially be liable for back wages, overtime pay, liquidated damages, attorneys’ fees and stark penalties for failure to withhold applicable taxes, pay workers compensation and unemployment insurance. Learn how to avoid significant financial consequences prior to classifying them as independent contractors.

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

Misclassification of Employees as Independent Contractors: A Costly Mistake

Misclassifying an employee as an independent contractor can be devastating to an employer.

Employers can potentially be liable for back wages, overtime pay, liquidated damages, attorneys' fees and additional penalties for failure to withhold applicable taxes, pay workers compensation and unemployment insurance.

Learn what happens when employers self-classify workers as independent contractors and issue them a 1099.

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