LIEB BLOG

Legal Analysts

Showing posts with label new law. Show all posts
Showing posts with label new law. Show all posts

Monday, August 15, 2022

NYC Passes Legislation Focused on Combating Pregnancy Discrimination

On August 11, 2022, NYC passed legislation to end pregnancy discrimination.


The new law requires a public education program to inform expecting parents about their rights under discrimination law. 


These rights include being free from discrimination due to an impending childbirth, or a medical condition related to pregnancy, and, also, to receive reasonable accommodations at work when one was recently pregnant or a current caregiver. Additionally, notice about disability benefits, paid family leave, and earned safe and sick time are part of the educational mandate. 


With the passage of this bill, NYC is taking a firm stance against discrimination based on pregnancy and employees will now know that they can live and work free from discrimination in the City. If they face discrimination, they should look no further than the New York City Human Rights Law and fight for their rights.




 


Thursday, April 28, 2022

Employers to be Required to Learn Technology in NYS

The NYS Senate joined the Assembly in passing a new law, A7595, that will require copies of certain documents physically posted in a workplace to be made available to employees electronically, if signed by the Governor. 

While not yet signed into law, employers need to get to work on compliance now because the law will take effect immediately upon signing.

There are a litany of topics that are applicable under this proposed law where the specifics of what is applicable to a given employer is all dependent on what specific copies or abstracts that the employer has received from the Commissioner of Labor. Possible topics include workplace safety, sexual harassment, leave issues, employee monitoring, and the like.

However, the key issue is that the vast amount of NYS employers do not work in a technological world. How are they to give electronic notice if they don't use email to communicate with their employees?

It's noted that a violation of the Labor Law is $1,000 for a the first offense, $2,000 for a second, and $3,000 for the third and subsequent offenses. This seems to imply that it's time for employers to take computer classes.



Friday, October 29, 2021

New Law: Felon Executors Permitted in Probate

Wow, as of October 22, NYS is now permitting felons to serve as Executors of Estates by way of A2573A


Previously, a Petition for Probate required an Affirmation as to whether the applicant has been convicted of a felony and if they had, they'd be denied Letters Testamentary (appointment as the estate fiduciary). 


According to the Bill's Justification, the purpose of this new law is to respect the decision of the decedent. Specifically, the Justification states:

In most instances the court respects the choices made by the creator of the document and appoints the nominated parties. It is detrimental to grieving families when an individual is prohibited from acting as an executor due to his or her conviction after paying their debt to society.


That being said, this new law is not without any restrictions whatsoever. Specifically, the law enables the Court to nonetheless declare a felon ineligible if their "crime may be adverse to the welfare of the estate, including but not limited to, crimes such as embezzlement or any crime where there was a misappropriation of money or a breach of fiduciary duty."




Tuesday, October 26, 2021

New Zoning Law: Expansion of Court's Power to Order Removal of Building in Violation of Building Code

Be warned, the process just got a lot easier for a city / district court Judge to "order the removal of the building or an abatement of the condition" that is in violation of "any provision of the uniform code." 


Previously, there was a functional impediment when cities, towns, and villages sought to obtain such an order from the Court. While zoning violations were typically brought in city or district court, only a Supreme Court Justice had the authority to order the removal of the building or an abatement of the condition in violation. This obstructed enforcement of violations. 


Now, with A3028, having been signed into law on October 25, 2021, this is changed, and local courts, such as city and district courts, are empowered to render such an Order. 




New Construction Litigation Law: Home Improvement Contractors Required to Disclose Insurance

Construction can be a nightmare, which can get even worse when your contractor doesn't have insurance to compensate you for their mistakes and damage. 


Based on A2202, which was signed into law by Governor Hochul on October 25, 2021, starting on April 23, 2022, contractors and subcontractors "shall disclose to the homeowner the existence of a property and/or casualty insurance policy that covers the scope of such contractor or subcontractor's employment should an insurance claim be filed resulting from losses arising from the work at such property. Such disclosure shall also include the contact information of the insurance company providing such property and/or casualty insurance, including a phone number and address."


While this is a move in the right direction, the damages for failure to comply are not enough to move the needle. It's expected that contractors will just ignore this law, as the cost of doing business, because the only damages available to a homeowner who doesn't receive information about the contractor's insurance is "a civil penalty not to exceed the greater of two hundred fifty dollars for each violation or five percent of the aggregate contract price specified in the home improvement contract; provided, however, that in no event shall the total penalty exceed twenty-five hundred dollars for each contract." 


Maybe, it's time to up the penalty too so that the government can make a meaningful impact in protecting homeowners who work with unscrupulous contractors?