Attorney Andrew Lieb joins FOX Weather to provide advice to homeowners who need to file an insurance claim after a hurricane.
Friday, October 14, 2022
If you are interested in wage and hour claims, or better yet if you are a business owner or manager, you are going to want to read this.
On October 13, 2022, the Department of Labor opened the comment period, which runs through November 28, 2022, for it's revised analysis to determine if an individual is an employee or an independent contractor for a wage and hour claim (i.e., misclassification claim). As a reminder, independent contractors are also known as self-employed workers and freelancers, and are considered to be in business for themselves and therefore, not entitled to minimum wages and overtime pay under the Fair Labor Standards Act (FLSA).
However, if an employer gets this wrong, by considering an employee an independent contractor, tht employer can be subject to penalty, called liquidated damages, and more. It's a catastrophic mistake that really needs to be avoided at all costs.
The Proposed Rulemaking is available here in full.
Comments can be made electronically at Federal eRulemaking Portal at https://www.regulations.gov.
In summary, the Proposed Rulemaking is attempting to reassert the Economic Reality Test, where "[t]he ultimate inquiry is whether, as a matter of economic reality, the worker is either economically dependent on the employer for work (and is thus an employee) or is in business for themself (and is thus an independent contractor)." In analyzing the test, the following, non-exclusive facts are generally examined, including: "the opportunity for profit or loss, investment, permanency, the degree of control by the employer over the worker, whether the work is an integral part of the employer's business, and skill and initiative." Under the Proposed Rulemaking, the Department of Labor will examine the factors in the Economic Reality Test by returned to a totality-of-the-circumstances analysis rather than focusing on core factors. No longer will two factors be considered most probative and carry greater weight. Now, all factors matter and should be analyzed when determining whether a worker is an independent contractor or an employee who is subject to rights under the FLSA.
Can People Legally Use Pepper Spray in NY? Legal Analysis With NY Attorney Andrew Lieb on NY1.
Alex Jones Ordered to Pay In Sandy Hook Defamation Trial. Legal Analysis With Attorney Andrew Lieb on CBS 2.
Thursday, October 13, 2022
Alex Jones Ordered to Pay $965 Million in Sandy Hook Defamation Trial. Analysis with Attorney Andrew Lieb on WPIX 11.
Friday, October 07, 2022
Attorney Andrew Lieb joins Newsy to discuss Federal Agents see enough evidence to charge Hunter Biden.
Thursday, October 06, 2022
Attorney Andrew Lieb appeared on @fox5ny discussing fraud and scam cases increasing on #zelle.
Tuesday, October 04, 2022
Attorney Andrew Lieb discusses employment discrimination in the quiet workplace environment including quiet quitting and quiet firing on Newsy.
Attorney Andrew Lieb discusses legal challenges of Biden's Loan Forgiveness with NEWS 12.
*Considering recent college graduates* - Email resumes to careers@liebatlaw.com
Full Job Description
Lieb at Law, P.C. seeks a full-time Legal Assistant to join the boutique fast-paced, fun, dynamic, and thriving litigation law firm in Smithtown. This is an opportunity for someone looking to get their foot in the door, learn on-the-job skills that will eventually lead them to a career as a leading paralegal that will work across a variety of fields of law.
Required Qualifications:
- 1 Year of Office Experience
- Extremely Computer Savvy and Can Easily Navigate Cloud-Based Programs
- Detail Oriented, Well Organized, Can Maintain a High Level of Accuracy and Efficiency
- Experience with Microsoft Word, Adobe, and Google
- Charismatic Personality
- Associates Degree / Bachelors Preferred
Job Responsibilities:
- Multi-Tasking in a Fast-Paced Environment
- New Business In-take / Phone Screening
- Collecting Documents & Information For Cases and Updating Internal Records
- Research
- Drafting Retainer Agreements
- Scanning Documents and Managing Organization of Digital and Physical Files
- Hourly Billing
- Client Management
- General Office Management & Organization
- Administrative Duties
- Manage Office Digital Calendar / Help Manage Court Deadlines
- Preparation Of Legal Documents
Hours:
- Monday - Friday: 9am to 5pm
- Paid Most Federal Holidays + 15 PTO Days a Year
- Health Insurance Available
- Salary: Commensurate with Experience
The firm’s practice areas include:
- Discrimination
- Employment
- Real Estate Litigation
- General Litigation
- Civil Rights Litigation
- Personal Injury (Plaintiff)
About Lieb at Law, P.C.:
Lieb at Law is a litigation law firm that supports those who have been discriminated against in housing, at school, place of employment and more. We also offer litigation services for those who have commercial disputes, real estate brokerage commission / fiduciary duty / ethics matters, breach of contract cases, title claims, commercial landlord / tenant evictions, mortgage foreclosure actions, plaintiff's personal injury, and all employment matters, such as wage and hour claims and whistleblower cases. Our litigation attorneys work diligently to support our clients. In addition, they also teach anti-discrimination laws to other attorneys and real estate agents to foster equality and a more inclusive culture.
Beyond litigation, the firm also offers outside general counsel advice and counsel to its corporate clients.
Our attorneys are admitted to practice law in New York, New Jersey, Connecticut, and Colorado while also practicing in the Federal Courts.
The firm's culture is driven by it's three-pillars of success: Self-confidence, Grit, and Skill.
We support our culture with an emphasis on leveraging technology. Staff have access to a cloud-based legal research platform so that the latest cases are available everywhere, including at home and in the courtroom. We have a secure, cloud-based case management system that catalogs every thought and action on each matter so that case facts are readily accessible at the stroke of a computer key. Finally, enterprise file sharing, storage, and collaboration software is leveraged to enable the efficient collaboration between attorneys where case strategy and document preparation is fresh and innovative.
Beyond our representation of individual clients and companies, our managing partner also serves as a media legal analyst, who regularly appears on TV / radio nationwide. This sets the tone for our law firm where our attorneys teach the law, rather than learning from others, at continuing education events and corporate trainings.
In all, Lieb at Law, P.C. is on the cutting edge of new statutes, regulations, and cases, which gives us a strategic advantage in the courtroom and in your representation.
