Now that 2019 is here it is important to be aware of the changes in the law for our industry. This is not a list about the best events from 2018, but, instead, a list that highlights the new legal landscape that you face as real estate attorneys in 2019. Being familiar with these laws, cases and rules may help you to better address your client’s goals and to make you money while helping you to avoid malpractice.

As we begin 2019, it is important to reflect on the major legal developments in the field of labor and employment law from 2018 with an eye towards how these developments may change the legal landscape in 2019 and beyond. Attorneys should be aware of these laws and opinions in order to assist clients in ensuring compliance.

Buying and selling real estate is both fun and frustrating. The process seems simple but takes forever. The terminology sounds familiar but is misunderstood. All too often buyers and sellers feel hoodwinked by a shyster, but that is far from what is occurring. The truth is that real estate closings are really complicated and that is why the State of New York makes it a felony for anyone other than an attorney to prepare an instrument affecting real estate for direct or indirect compensation. 

Andrew Lieb, Esq. shares the steps in a real estate transaction. Click here to read the full article in Dan's Papers. 

On February 13, 2019, the NYS legislature took testimony to examine proposals to strengthen NYS's sexual harassment laws, which are already the toughest in the Country.

The testimony is available for viewing here.

Employers - remember October 9, 2019 is your deadline to train all of your employees on sexual harassment pursuant to the requirements of Labor Law 201-g. Failure to train is a misdemeanor with many adverse consequences.

Comply with your requirements today at sexualharassmenttrainingny.com.

In the era of #MeToo, NYS' mandatory sexual harassment trainings (labor law 201-g), NYC's mandatory sexual harassment trainings (local law 96) and CA's expanded training requirement requirement (SB 1343), Facebook has gotten into the game.

This week, Facebook Advertisers are being required to certify that they "[h]ave reviewed and will abide by our Advertising Policies and all applicable laws" and "[w]ill not use Facebook Advertising for any wrongfully discriminatory practices." It is noted that Facebook's list of protected classes does not cover all classes protected by employment / housing discrimination laws and Facebook acknowledges this fact by stating "[s]ince non-discrimination laws vary by region, be sure to comply with our policy and relevant laws in your location and the location you're targeting."

Of note, Facebook is likely causing advertisers to agree in an attempt to insulate the platform from suit for hosting a hostile environment. However, agreeing to the policy certainly doesn't insulate the advertiser from suit.

So, be warned, your advertisements are being watched by Plaintiffs' counsel and you will be sued if you discriminate in any fashion. As such, targeting demographics is off limits and you should sell your product's / position's benefit and target user's prior preferences / searches, not specific users by their demographics (e.g., "race, ethnicity, national origin, religion, age, sex, sexual orientation, gender identity, family/marital status, disability or medical or genetic condition") and how those demographics are correlated to predicted desires.

Buyers can pay cash at closing and reap the benefits of obtaining a loan on the property by purchasing a 90-day post-closing loan.

This can be helpful for buyers who want to make competitive cash offers, close quickly and subsequently obtain mortgage interest deduction benefits of the loan according to the IRS, Publication 936.

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

Because of the Restrict Information Regarding Salary and Earnings (RISE), Suffolk County Human Rights Law now prohibits employers from asking job applicants about their salary history. The new law is effective on June 30th, 2019.

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

Learn what happens when NY Employers do not provide sexual harassment prevention trainings and policies to their employees. Every NYS employer must provide their employees with both an annual sexual harassment prevention training and policy pursuant to Labor Law section 201-g. It is a misdemeanor for Employers to violate the Labor Law and likely will trigger an EPLI insurance provider to disclaim coverage in a prospective sex discrimination lawsuit. Employment Experts Andrew Lieb, Esq. and Mordy Yankovich, Esq. share your risks.