FOX 5: Adidas Terminates Ye Partnership. Legal Analysis With Business Attorney Andrew Lieb

Adidas Terminates Ye Partnership. Legal Analysis With Business Attorney Andrew Lieb on Fox 5 NY

CBS NY: Protesters Rally For Nurse Accused of Murdering Husband. Legal Analysis with Attorney Andrew Lieb

Attorney Andrew Lieb joins CBS NY discussing protesters rallying for nurse accused of murdering husband. They argue Tracy McCarter was a domestic violence survivor at the time she allegedly killed James Murray. 

FOX 5: Trump Organization Tax Fraud Trial. Legal Analysis With NY Constitutional Attorney Andrew Lieb

 Attorney Andrew Lieb joined FOX 5 to discuss the Trump Organization Tax Fraud Trial. 

CBS: Former Pres. Trump Subpoenaed to Appear Before Jan. 6 Committee. Analysis with Attorney Andrew Lieb

Attorney Andrew Lieb Appeared on CBS discussing former president #donaldtrump subpoenaed to appear before Jan 6th committee

Newsweek: Attorney Andrew Lieb Analyzes Kanye's Legal Fate

 Attorney Andrew Lieb is interviewed by Newsweek on Kanye's legal fate. Read the story here. 

https://www.newsweek.com/kanye-west-alex-jones-george-floyd-lawsuit-1753525

Newsweek: Attorney Andrew Lieb Analyzes Anna Faris Alleged Harassment

Anna Faris recently made waves by claiming that deceased director Ivan Reitman inappropriately touched her while making the film "My Super Ex-Girlfriend." While this wrongful act clearly constitutes sex discrimination and would support a really good case, there is likely not going to be a successful lawsuit that results. Now you might be thinking that the reason for this is because Reitman is deceased, but that wouldn't stop a victim like Faris from suing his estate. Nonetheless, the real issue is how long ago the alleged incident happened, which was around 2006. Simply, there is no discrimination statute of limitations throughout the country that provides for a case from that long ago. That said, states, like New York, have extended the statute of limitations for victims of certain sexual crimes to 20 years and perhaps, if more happened than just the alleged slapping of her butt and it occurred, at least in part, within one of these states, she would still have a claim. Yet, on the facts that we know, there is no case. 

More analysis from Attorney Andrew Lieb in Newsweek here. 

FOX Weather: Filing An Insurance Claim After A Hurricane. Analysis With Author Andrew Lieb

Attorney Andrew Lieb joins FOX Weather to provide advice to homeowners who need to file an insurance claim after a hurricane.

New Independent Contractor Standard Proposed by Department of Labor for FLSA

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. 

NY1: Can People Legally Use Pepper Spray in NY? Legal Analysis With NY Attorney Andrew Lieb

Can People Legally Use Pepper Spray in NY? Legal Analysis With NY Attorney Andrew Lieb on NY1.

CBS: Alex Jones Ordered to Pay In Sandy Hook Defamation Trial. Analysis With Attorney Andrew Lieb

Alex Jones Ordered to Pay In Sandy Hook Defamation Trial. Legal Analysis With Attorney Andrew Lieb on CBS 2.