The transactional real estate attorney works for the buyer or seller and NOT for the real estate broker who referred the deal. Now, attorneys are ethically prohibited from providing a copy of the contract of sale to the referring broker as a matter of course. Instead, attorneys may only provide the broker with a copy of the contract of sale after obtaining informed consent from their client.

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

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.

Andrew Lieb, Esq. and Mordy Yankovich Esq. explain the line between an independent contractor and an employee and what happens when you get it wrong. Employers, learn when to get an Attorney involved when facing a payroll audit. Advising a CPA is just not enough. Learn your exposure.

Andrew Lieb, Esq. and Mordy Yankovich, Esq. clarify what employers need to know about the new NYS and NYC laws requiring sexual harassment prevention training.

Watch this clip and learn about your responsibilities and exposure.

Employers who are seeking to purchase sexual harassment prevention training and policies in compliance with the new New York State and New York City sexual harassment laws must be mindful that some vendors are offering trainings that are not compliant with the new laws.

The New York State law (Section 201-g of the N.Y. Labor Law), which took effect on October 9, 2018, requires that all employers issue a sexual harassment prevention policy that meet minimum requirements including but not limited to establishing a procedure, specifically tailored to each individual employer, for timely investigation of all complaints and issuing a complaint form. 

Therefore - if a company is claiming they can offer a uniform training for any employee to take - be mindful that employers must have a sexual harassment prevention policy and complaint form that specifically shows the employee how to make a complaint and whom to make a complaint to and the information must be including in the training. In the NYS model training, it states: "The training should detail any internal process employees are encouraged to use to complain and include the contact information for the specific name(s) and office(s) with which employees alleging harassment should file their complaints."

The NYS law also requires annual training for all employees (and training for new employees within a reasonable time after hiring). The training must be interactive and must include; 1) an explanation of sexual harassment consistent with guidance issued by the Department of Labor; 2) examples of conduct that constitute unlawful harassment; 3) information regarding the specific state and federal statutory provision concerning sexual harassment and the remedies available to victims of sexual harassment; 4) information regarding employees' rights of redress and remedies available to victims; 5) information regarding conduct responsibilities of supervisors.

The New York City law (Local Law 96), effective April 1, 2019, requires employers with fifteen (15) or more employees to conduct annual training which must be interactive and must include, among other requirements, the employer's specific process for addressing sexual harassment complaints, information concerning bystander intervention and the specific responsibilities of managers and supervisors to address complaints of harassment. In addition, the NYC law requires that employers obtained signed acknowledgment from employees that they attended the training.

While not required, policies and trainings should also address other forms of harassment and discrimination (i.e. race and age), to minimize exposure to potential lawsuits against the employer.

It is imperative that employers choose a vendor who is offering trainings and policies in strict compliance to these new laws to avoid unnecessary penalties and exposure to lawsuits.

Lieb Compliance offers a fully compliant training package including a compliant sexual harassment prevention policy, complaint form and interactive training.

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.