Pay Transparency in Job Applications Regulation Proposed in NY

The New York Department of Labor has proposed a new rule intended to increase pay transparency in accordance with Labor Law 194-b, which statute (not the new rule) first becomes effective 9/17/2023. 

Key Proposals:

·       Employers are now required to include a range of compensation on job postings.

·       The rule would not apply to government agencies or “Temporary Help Firms”.

·       The Range of Compensation cannot be open ended, i.e. “$20 per hour and up”, it needs a "good faith" minimum and maximum. Good faith means the amount the employer legitimately believes they are willing to pay a successful applicant at the time the job is posted. 

·       Any current or potential employee affected by a violation can file a complaint under the proposed rule, as can the Commissioner of the Department of Labor. 

 

Why it Matters:

·       The range of compensation can’t include other forms of compensation; i.e., $18 per hour plus $10 per hour in expected tips cannot be posted as $28 per hour. This is good for employees because it reduces the risk of employee exploitation.

·       The rule is not overly restrictive for employers; it allows them to adjust the range of compensation after collecting additional information through the hiring process.

·       The rule is a good effort at striking a balance between the rights and needs of employees and employers. 

 

Public comment can be made until November 12, 2023 at email: regulations@labor.ny.gov. 

 

FOX LiveNOW: Attorney Andrew Lieb Breaks Down New Mexico's Controversial Temporary Gun Ban

Andrew Lieb, a legal political analyst, discusses New Mexico Governor Michelle Lujan Grisham's temporary ban on guns in public places with an emergency public health order. Lieb analyzes the order from both a political and constitutional perspective. He notes that while the order may be politically controversial, it attempts to fit within the "sensitive places" doctrine outlined in recent Supreme Court gun rights cases. The order will likely face legal challenges but could force further definition of what constitutes a "sensitive place." Overall, Lieb argues the order highlights the urgent need to address gun violence as a public health crisis through multi-pronged solutions.

Newsnation: Attorney Andrew Lieb Discusses New Mexico Gun Ban Emergency Order: Is it Constitutional?

Attorney Andrew Lieb discusses New Mexico Governor Michelle Lujan Grisham's emergency order temporarily banning the carrying of guns in one county. Lieb analyzes whether the order violates the Second Amendment based on last year's Supreme Court decision in NY State Rifle & Pistol Association v. Bruen. He also addresses concerns raised by the local sheriff and argues the focus should be on stopping gun violence, not just debating constitutionality.

FOX LiveNOW: Attorney Andrew Lieb Discusses Florida Supreme Court Hearing Arguments on 15-Week Abortion Ban

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Employees Protected from Political Viewpoint Discrimination by Employers

Effective 9/6/2023, employees in NYS have greatly expanded rights to freedom of speech and conscience. Employees can now avoid their employer's views on politics or religion. This is huge. 

Specifically, A6604, amends Labor Law 201-d, which prohibits employment discrimination for political activities and recreational activities. Under the law, an employee can sue for equitable relief and damages. 

Key Amendments 

Now, the law defines:

"Political matters" as "matters relating to elections for political office, political parties, legislation, regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization."

"Religious matters" as "matters relating to religious affiliation and practice and the decision to join or support any religious organization or association." 

Under the amended law, employers cannot force employees to attend meetings or listen to / view communications primarily designed to express the employer’s opinions on Religious matters or Political matters.

There is also a notification requirement where employers must post a sign in workplaces informing employees of their rights as per this section.

Att'n Employers Wage Theft is NOW Larceny in NYS

Effective 9/6/2023, employers who steal wages are guilty of larceny under Penal Law 155. 

Per the bill's, A154A, justification, "[a]ccording to Cornell University's Worker Institute, wage theft in New York accounts for nearly $1 billion in lost wages each year and affects tens of thousands of workers - that's close to $20 million per week."

Yet, employees who experience wage theft should also remember that they can bring civil claims to get that stolen money back through the New York Labor Law and Federal Fair Labor Standards Act, together with liquidated damages and more. 

That means that if your employer takes your money or doesn't pay as frequently as required or doesn't pay overtime, you have rights to sue for your Wages and Hours.

FOX LiveNOW: Attorney Andrew Lieb Talking About Ex-Proud Boys Leader Sentencing

In this interview, legal analyst Andrew Lieb discusses the lengthy prison term given to former Proud Boys leader Enrique Tarrio for his role in January 6th. While analyzing the judge's decision, Lieb notes it was below sentencing guidelines but still amounts to over two decades behind bars. He also pointed out the judge waived fines due to Tarrio's inability to pay. This deep dive into the high-profile sentencing raises issues about equal treatment under the law and how money can impact one's experience with the legal system.

Newsmax: Elon Musk vs. Anti-Defamation League: Free Speech Fight or Frivolous Lawsuit? Attorney Andrew Lieb Trial

Attorney Andrew Lieb joins Newsmax National Report Court show to discuss a potential defamation lawsuit threatened by Elon Musk against the Anti-Defamation League. Andrew Lieb represented the ADL in a mock trial setting. He argued that any claims by Musk of the ADL spreading defamation would be difficult to prove, as calling someone Anti-Semitic is a non-actionable opinion under free speech law. Lieb also noted that as public figures, Musk would need to prove actual malice by the ADL to have a case. He believed this threatened lawsuit appeared frivolous and intended to silence free speech. 

Newsmax: Political Analyst Andrew Lieb Breaks Down Trial Timeline for Trump's Multiple Indictments

In a recent Newsmax interview, political analyst and attorney Andrew Lieb weighed in on the various legal cases facing former President Donald Trump.

One of the major topics Lieb discussed was the aggressive October timeline being pushed by Fulton County DA Fannie Willis for Trump's criminal trial related to election interference in Georgia. Lieb saw this as potential evidence of the political motivations at play, noting the complex nature of the case involving multiple defendants would make such a timeline unrealistic.

Lieb also pointed to the potential for Trump attorney Mark Meadows to move the case to federal court, which could significantly delay or alter the course of the prosecution.

Newsmax: Political Analyst Andrew Lieb Discusses Climate Crisis, Maui Fire, & Hurricane Idalia

In a recent interview with Newsmax, political analyst Andrew Lieb criticized President Biden's response to the devastating wildfires in Maui and Hurricane Ida. Lieb pointed out that over 115 people had died and 100 were still missing in the disasters. However, Biden had focused more on politicizing the issues and pushing his climate change agenda rather than empathizing with victims and prioritizing relief efforts.

Lieb argued that politicians need to "triage" these situations by first expressing support and offering help to those affected, rather than immediately turning the conversation to policy debates. With so many lives lost and communities destroyed, Lieb said those impacted were unlikely to be thinking about climate change at that moment - the priority should be addressing the immediate humanitarian crisis.

Lieb advocated for a more pragmatic leader who can balance addressing both the human costs of disasters as well as longer-term scientific issues.