Constitutional Attorney Andrew Lieb joins Shaun Kraisman of Newsmax to explain the importance of the House joining the Senate in providing security to Supreme Court Justices and their families by passing the Supreme Court Police Parity Act - Who is right, Congressman Jordan's or Lieb? Were the 27 no votes about intimidating the Justices or just putting politics over safety?
Thursday, June 16, 2022
CBS New York Interviews Attorney Andrew Lieb about the future of guns in NYC.
Monday, June 13, 2022
Thursday, June 09, 2022
Need a Legal Analyst for your show? Check out Andrew Lieb's news reel here. Volume Up!
Monday, June 06, 2022
All companies hiring on work that can be performed in NY will soon need to advertise the job's compensation / wages.
A10477 has passed both houses of the NYS Congress and once signed by the Governor, it will go into effect 270 days later.
Interestingly, the law is very broadly written where it applies to advertising "a job, promotion, or transfer opportunity that can or will be performed, at least in part, in the state of New York." Notice the word can in there. Theoretically, this will make all remote work opportunities around the world be subject to this law.
The law, Labor Law 194-b, will require disclosure of both a job description and a range of compensation. Plus, employers will be required to keep records to prove compliance and there are big penalties for violations.
According to the bill's justification, the purpose of this law is to stop wage discrimination, which is a noble pursuit at prevention. Nonetheless, victims of wage discrimination should bring claims under the Federal Equal Pay Act (FLSA), Title VII of the Civil Rights Act, and the NYS / NYC Human Rights Law because they deserve compensation and these laws will get them paid!
Back on May 5, 2021, NY established the Health and Essential Rights Act (HERO Act), which requires employers to take various measures to protect employees from future airborne infectious disease outbreak.
To remind you about the HERO Act:
- On June 7, 2021, we explained how Employers Must Immediately Adopt an Airborne Infectious Disease Exposure Prevention Plan.
- Next, on August 31, 2021, we noticed that Emergency Regulation Released to Guide Employers on Immediately Complying with NY HERO Act.
- Next, on November 17, 2021, we advised Attention NY Businesses - Emergency Regulation Issued to Implement NY HERO Act's Exposure Prevention Standard.
- Then, on January 20, 2022, we explained that NYS DOS Publishes Emergency Regulations to Implement NY HERO Act Rules.
Now, both houses of the NYS Congress have passed A10492, and once signed by Governor Hochul, employers will have 5 business days to recognize the establishment of workplace safety committees or face a civil penalty of not less than $50 per day until the violation is remedied.
If your company hasn't yet complied with the HERO Act, now is the day to get it done!
Friday, June 03, 2022
Both Houses of the NYS Congress have passed A06770, which will permit families (including non-married couples) of wrongful death victims to recover compensation for emotional anguish immediately on their lawsuits, even on pending cases, once it is signed by the Governor.
This is a game changer for victim's families because current law in NYS, which is 170 years old, is very limited where only economical losses (pecuniary loss) is currently recoverable.
With this change, attributes of our family members that we most value - emotional support, love, companionship, advice and guidance - will count and be part of how a loss is compensated in the court system.
It will no longer be cheaper to kill someone than to seriously injure them in our State. We need this signed immediately by the Governor.
Thursday, June 02, 2022
On June 1, 2022, which was the start of Pride Month, the NYS Senate Passed S6501B to establish the LGBTQ+ Advisory Board to "[a]dvise the governor regarding the development of economic, professional, cultural, and educational links between New York state and the LGBTQ+ community in New York state and advise state agencies in developing policies designed to meet the needs of the LGBTQ+ community in New York state."
While this is a great move because having the community represented in Government is important, it's questionable why the law provides that all members of the new board must "identify as LGBTQ+".
What ever happened to allies being important in removing discrimination? Shouldn't we want experts on the topic to advise government irrespective of their personal orientation. Stated otherwise, shouldn't we want leaders in the study of health behavior, law, economics, etc. who have dedicated their careers to studying their field as it relates to the LGBTQ+ community rather than making lay anecdotal thought run the show?
Maybe the Assembly will be smart enough to change this clearly illogical restriction.
While sexual orientation and gender identity aren't expressly set forth protected classes from discrimination on the federal level in the United States, Bostock v. Clayton County, Georgia is a Supreme Court case that makes sexual orientation and gender identity discrimination illegal. Plus, many states and local governments offer further protection and damages to victims of sexual orientation and gender identity discrimination.
Here are 5 tips to stop this heinous discrimination and create equality in our society for all.
- Don't Miss Deadlines: Federal discrimination lawsuits provide only 2 years from the wrongful act to bring a lawsuit. Some states extend this to 3 years. However, there are often much shorter timelines dependent on who the perpetrator is, so act immediately. To illustrate, employment discrimination generally requires a filing with the EEOC within 300 days. Plus, a collective bargaining agreement can limit the statute of limitations for union workers even further. Alternatively, if the government is the defendant, a notice may need to be filed within 3 months or less. So, act swiftly if you are a victim.
- Don't Forget the Past: Just because deadlines exist from the last act of discrimination, it's possible to leverage a law called the Continuing Violation Doctrine to reprise untimely acts of discrimination in a lawsuit. So, make sure that you bring every wrongful act that you have experienced to the table if you are a victim of discrimination. That is the only way it can be stopped.
- Discrimination is NOT Just Physical: If an environment is hostile and filled with harassment, that is enough to bring a lawsuit. In fact, states like New York lower the hostile environment standard from the federal rule of severe and pervasive to inferior terms and conditions so long as the harassment rises above petty slights and trivial inconveniences. If you feel harassed because of your orientation or gender identity speak up now.
- It Goes Beyond Your Actual Orientation and Gender Identity: Your actual sexual orientation and gender identity are clearly protected from discrimination, but did you know that you are protected from discrimination even if the perpetrator got it wrong. The law also protects your perceived orientation and identity, which is particularly important for orientation because orientation needn't be confirmed from consistent sexual acts to exist.
- Retaliation is Illegal: Don't be afraid to speak up out of fear of reprisal. Simply, if you experience any negative retaliation whatsoever when you are fighting back against discrimination that you are experiencing, you can sue for that retaliation too. If retaliation happens at work, housing, education, places of public accommodation, or many other places, you can receive money damages for retaliation plus the court can order it stopped with your prior situation restored.
