Job description

From the moment you begin your career at Lieb at Law you will be exposed to our commitment to excellence. We value hard work, determination, and a desire to improve ourselves each and every day. In a fast-paced work environment this office requires lawyers who are unafraid to take on challenges and handle a multitude of responsibilities while keeping their head above water. Managing clients, drafting pleadings, discovery, and motions are just what happens before lunch.

But what this office prides itself on is the strong interpersonal work relationships. Our seasoned professionals are here to mentor and encourage you to become the best competitive litigator you can be. We operate a licensed school and teach law at CLEs throughout the country because we are regarded amongst our peers as leaders in the fields we practice. What is required from you is a tenacity to learn and improve. Expect to be thrown into complex litigation from day one and get exposed to a wide range of legal issues. But to become the best, you need to work to be the best, and at Lieb at Law we will provide you the tools and guidance to achieve that end.

Desired qualifications:

• 1+ Years of Litigation Experience
• Persuasive Motion Writer
• Proficient in Legal Research
• Oral Arguments, Hearings

The firm’s practice areas include:

• Employment & Discrimination Litigation: Workplace Discrimination, Housing Discrimination, Education Discrimination, Family Medical Leave ACt, Harassment, Retaliation, Restrictive Covenants, Wage & Hour, Whistleblower
• Employment Litigation, Compliance and Trainings: Discrimination, Harassment, Retaliation, Wage and Hour, Restrictive Covenants, Family Medical Leave Act, Alternative Dispute Resolution, Appeals, Employee Handbooks and Policies, Sexual Harassment and Discrimination Training, Wage and Hour Audits & more.
• Real Estate Litigation: Real Estate Brokerage; Construction, Constructive Trust, Contractual Disputes, Cooperative & Condominium, Fair Housing & Discrimination, Commercial Evictions, Partition Action, Premises Liability, Title Insurance, Foreclosure
• Legal Compliance for Regulated Industries: Outside Compliance Counsel for regulated professions, Policy Drafting, Policy Implementation, Auditing, Corporate Compliance Trainings.

Qualifications:

Excellent critical thinking, writing, organization and research (Westlaw) skills. Must be technologically savvy.

About Lieb at Law, P.C.:

Lieb at Law, P.C. is a litigation boutique law firm, which focuses on discrimination claims in employment and housing.

We also litigate commercial disputes, real estate brokerage commission / fiduciary duty / ethics matters, breach of contract cases, title claims, landlord / tenant evictions, mortgage foreclosure actions, plaintiff's personal injury, and all employment matters, such as wage and hour claims and whistleblower actions.

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.

Email resume to careers@liebatlaw.com

Recent legislation revising the Real Estate Property Law regarding the qualifying education requirements for real estate brokers was recently adopted.  Effective September 21, 2022, all individuals applying for a real estate broker license must complete two hours of instruction pertaining to cultural competency. 

In order to satisfy the new education requirements, broker applicants will be allowed to submit proof of completing a 2-hour continuing education course on cultural competency.

Please note: Effective December 21 ,2022, the 45-hour broker course will increase to 75 hours and includes cultural competency training.

Lieb School offers the 2 hour cultural competency course. You can register for it here. 

On September 17, 2022, President Biden signed the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022. 

The Act completely eliminates the statute of limitations for minor victims to file a civil action for a number of federal sex offenses, including sex trafficking, forced labor, sexual abuse and child pornography. By amending Title 18 of the United States Code, the part that deals with federal crimes and criminal procedure, this Act removes all former time restrictions for specified offenses relating to minors.  

Previously, minor victims seeking to file federal civil claims for damages had until their 28th birthday, or until 10 years after the violation or injury was discovered. These restraints presented a substantial barrier for many victims, who often delay in reporting or taking legal action because of the time it takes to process their trauma. Now, the doors of justice are wide open for minor victims to pursue claims and hold their abusers accountable. 

Similar measures have been taken at the state level as well. For example, in New York, the Child Victims Act begins the statute of limitations for child sex abuse crimes when the child turns 23 for criminal proceedings, and the filing of a civil action before a toddler, pre-teen, or teenage victim’s 55th birthday. 

It's becoming clear that the law is evolving favorably for victims of abuse. Perhaps knowing that the law is on their side will provide survivors with the empowerment that they need to carry on. 

Did you know that Title VII employment discrimination cases can happen even if the perpetrator is merely the 6-year-old grandson of the owner?

That's the lesson from Chapman v. Oakland Living Center, which is a case against an assisted living facility where the owner’s 6-year-old grandson repeatedly used the n-word against a black employee.

The problem for the employer was - why didn't anyone stop him? The boy’s grandfather either knew or should have known about the conduct and failed to sufficiently respond. Yes, there was a spanking and an unsuccessful attempted to elicit an apology, but that wasn't enough.

The National Labor Relations Board (NLRB) published a notice of proposed rulemaking and request for comments to rescind and replace “Joint Employer Status Under the National Labor Relations Act,” which took effect on April 27, 2020.

Importantly, the proposed regulation seeks to broaden whether an employee has two or more employers each of which must comply with the law and not engage in unfair labor practices without being exposed to tremendous liability. If you have been a victim where your employer has shut down your ability to organize and fight for wages, benefits, or hours worked, you are going to want to take a look at this proposal. It's also important for conglomerates and franchisors to study and comment.  

The proposed regulation focuses "on whether a [] joint employer possesses the authority to control or exercises the power to control particular employees' essential terms and conditions of employment." It "focuses on forms of reserved and indirect control that bear on employees' essential terms and conditions of employment." These "'essential terms and conditions of employment' will 'generally include, but are not limited to: wages, benefits, and other compensation; hours of work and scheduling; hiring and discharge; discipline; workplace health and safety; supervision; assignment; and work rules and directions governing the manner, means, or methods of work performance.'”

The big change is going back to before 2020 when the NLRB looked at reserved and indirect control in establishing joint employers and liability. 

The commenting period is through November 7, 2022 and can be made through http://www.regulations.gov.

Washington DC now has mandatory sexual harassment trainings from a 2018 law, the Tipped Wage Workers Fairness Amendment Act.

Under the law, covered employers’ primary obligations include providing mandatory sexual harassment training to both business operators & tipped employees.

Other obligations require covered employers to report to the DC Office of Human Rights (OHR) both their sexual harassment policy & all harassment complaints made to management from 2020 on. All requirements are set forth in OHR’s fact sheet on employee rights, which must be posted at places of employment. 

OHR has created a portal for employers to report their compliance with the mandates of the Act & employers will be watched - so tread carefully. 

If you were harassed or discriminated against, this law & its trainings are not the end of the story. You have a claim under Title VII & other federal & state laws. Know your rights & act because statutes of limitations, including a filing requirement with EEOC might otherwise curtail your rights. This is serious & damages can be outrageous.  

 

1. Hire a real estate broker who will provide virtual tour technology
2. Price 10% below comps in your market 
3. List "as is; no contingencies"
4. Hire an attorney to draft a real estate contract that includes the "as is; no contingencies" terms before you even get a buyer
5. Use a "time of the essence" closing date in your contract
6. Take a significant deposit (i.e., at least 10%) on contract signing
7. Set liquidated damages in the amount of the deposit plus reasonable attorneys' fees and costs in enforcing the contract (i.e., liquidated damages are set damages in case of breach of contract) 
8. Start emptying the house the moment that the contract is signed by the buyer
9. Be available for any access needs of the buyer
10. Be nice and courteous to your representatives and the buyer's representatives so that they prioritize your deal

-or- sell to an ibuyer platform and avoid all 10 steps.

More tips in our book, "10 Strategies to Purchase Property Post-Pandemic: The Ultimate Guide to Real Estate Investing". 

South Sudan diplomat accused of rape not yet facing charges, raising questions about diplomatic immunity. Attorney Andrew Lieb appears on CBS NY to answer questions.

 Baltimore Family Sues Sesame Place For Racial Discrimination. Analysis with Attorney Andrew Lieb.

It took until 8/17/2022 for NYS to realize that its real estate brokerage law, Article 12-a of the Real Property Law, was flawed. 

Until now, how could a saleswoman function in the state? After all, the statutory license was called a "Real Estate Salesman." 

Ironically, the advertising regulations were already up to date, at 19 NYCRR 175.25(c)(4), which required the use of the term "real estate salesperson." However, the actual statute was still in its 1927 form where the license was gender specific. Now, the term "salesman" is replaced with "salesperson" per S536A.

While you may think this is a ridiculous change and probably makes no difference, it's important for little girls to understand that all people can be anything and using male dominated terms is a macro dissuader to female participation in the workforce. So, good job New York State.

On 8/17/2022, 9 NYCRR 466.16 was adopted and is the law in NYS - landlords / brokers / property managers be prepared to be sued for source of income discrimination if you don't update your policies and roll out intensive trainings.

This law requires entities administering any public housing program or assistance to provide a detailed notice of rights from source of income discrimination to tenants in compliance with Executive Law 170-e.

The notice must be provided as follows:

• Current recipients must receive notice within 30 days after the effective date of the regulation;
• Future recipients must receive notice "upon notification such individual qualifies for the voucher or assistance"; 
• "In writing, and in 14 point... font";
• Electronically is permissible by a link to the notice; &
• On all websites administered by the entity. 

The required notice will look like this:

KNOW YOUR LEGAL RIGHTS AS A RECIPIENT OF HOUSING ASSISTANCE

By law, you are protected from housing discrimination.

The New York State Human Rights Law makes it unlawful to discriminate in housing on the basis of your source of income. This includes all forms of housing assistance (like Section 8 vouchers, HUD VASH vouchers, New York City FHEPS and others), as well as all other lawful sources of income including: Federal, state, or local public assistance, social security benefits, child support, alimony or spousal maintenance, foster care subsidies, or any other form of lawful income.

Housing providers who are covered by the Human Rights Law include landlords, property managers, real estate professionals like brokers, tenants seeking to sublet, and anyone working on their behalf.

Housing providers are not allowed to refuse to rent to you because you receive housing assistance. They are also not allowed to charge you higher rent, or offer you worse terms in a lease, or deny you access to facilities or services that other tenants receive.

Housing providers are not allowed to make any statement or advertisement that indicates housing assistance recipients do not qualify for the housing. For example, a housing provider cannot say they do not accept housing vouchers or that they do not participate in a program such as Section 8.

It is lawful for housing providers to ask about income, and about the source of that income, and require documentation, but only in order to determine a person’s ability to pay for the housing accommodation or eligibility for a certain program. A housing provider must accept all lawful sources of income equally. It is unlawful to use any form of screening of applicants that has the intent or result of screening out those receiving housing assistance.

If you believe that you have discriminated against by a housing provider with regard to your lawful source of income, you can file a complaint with the New York State Division of Human Rights.

How to File a Complaint

A complaint must be filed with the Division within one year of the alleged discriminatory act or in court within three years of the alleged discriminatory act. To file a complaint, download a complaint form from www.dhr.ny.gov. For more information or assistance in filing a complaint, contact one of the Division’s offices, or call the Division’s toll-free HOTLINE at 1 (888) 392-3644. Your complaint will be investigated by the Division, and if the Division finds probable cause to believe discrimination has occurred, your case will be sent to a public hearing, or the case may proceed in state court. There is no fee charged to you for these services. Remedies in successful cases may include a cease-and-desist order, provision of housing that was denied, and monetary compensation for the harm you suffered. You can obtain a complaint form on the website, or one can be e-mailed or mailed to you. You can also call or e-mail a Division regional office. The regional offices are listed on the website. 

On August 11, 2022, NYC passed legislation to end pregnancy discrimination.

The new law requires a public education program to inform expecting parents about their rights under discrimination law. 

These rights include being free from discrimination due to an impending childbirth, or a medical condition related to pregnancy, and, also, to receive reasonable accommodations at work when one was recently pregnant or a current caregiver. Additionally, notice about disability benefits, paid family leave, and earned safe and sick time are part of the educational mandate. 

With the passage of this bill, NYC is taking a firm stance against discrimination based on pregnancy and employees will now know that they can live and work free from discrimination in the City. If they face discrimination, they should look no further than the New York City Human Rights Law and fight for their rights.

Understanding The Legal Implications of The Unsealed Documents From The Trump Raid. Analysis With Constitutional Attorney Andrew Lieb on Newsy Tonight With Chance Seales.

To bring a claim under the New York State Human Rights Law, Executive Law §296, (New York’s Anti-Discrimination Law), you have the following time-limitations:

1.      Suing a Private Party:

a.     An administrative complaint can be brought within 1 year of the alleged unlawful discriminatory practice per Executive Law §297(5).

b.     An administrative complaint for cases of sexual harassment in employment can be brought within 3 years of the alleged unlawful discriminatory practice per Executive Law §297(5).

c.      A court case can be brought within 3 years of the alleged unlawful discriminatory practice per Koerner v. State, 62 NY2d 442 (1984).

2.     Suing the Government: In addition to the rules to sue a private party, when suing the government, you also may have to file a Notice of Claim, within 90 days of the alleged unlawful discriminatory practice, prior to bringing suit. This requirement depends on who you are suing, but never applies to administrative complaints per Freudenthal v. County of Nassau, 99 NY2d 285 (2003), and is reserved only for court cases. Here is the complete list of when a Notice of Claim is required to be filed within 90 days of the discrimination throughout New York State:

a.     Village Government – Notice of Claim, pursuant to CPLR §9801, is likely not required, but no case is directly on point. The applicable statute seems to mirror General Municipal Law §50-i in its limitations and thus would be subject to Margerum v. City of Buffalo, 24 NY3d 721 (2015).

b.      Town Government – Notice of Claim, pursuant to Town Law §67, is required by Arnold v. Town of Camilus, 2021 WL 326886 (NDNY 2021) and Picciano v. Nassau County Civil Service Com'n., 290 AD2d 164 (2^nd Dept 2001).

c.     City Government – Notice of Claim, pursuant to General Municipal Law §§ 50-e & 50-I, is NOT required per Margerum v. City of Buffalo, 24 NY3d 721 (2015).

d.   School District – There is a split of authority as to whether Notice of Claim, pursuant to Education Law §6224, is required. Washington v. Borough of Manhattan Community College, 2016 WL 7410717 (SDNY 2016) and McKie v. LaGuardia Community College/CUNY, 85 AD3d 453 (1^st Dept 2011) say it is required while Keles v. Yearwood, 265 F.Supp.3d 466 (EDNY 2017) says it is not required.

e.      Public Library – Notice of Claim, pursuant to General Municipal Law §§ 50-e & 50-I, is NOT required per Margerum v. City of Buffalo, 24 NY3d 721 (2015).

f.      County Government – Notice of Claim, pursuant to County Law §52 as interpreted by Hami v. Chenango County, 2022 WL 1001530, (NDNY 2022) and also, by Picciano v. Nassau County Civil Service Com'n., 290 AD2d 164 (2^nd Dept 2001) is required.

g.     State Government – Notice of Claim is NOT required, except Notice of Intention required if filing in Court of Claims on an election of forums.

h.     Federal Government – State discrimination claim is wholly unavailable and must proceed with federal anti-discrimination statute.

To bring a claim under Federal Law, the type of discrimination will impact how much time you have to bring a claim.

1.      If your claim is for housing discrimination:

a.      An administrative complaint can be brought within 1 year of the alleged unlawful discriminatory practice per 42 USC §3610.

b.    A court case can be brought within 2 years of the alleged unlawful discriminatory practice per 42 USC §3613(a)(1)(A).

2.      If your claim is for employment discrimination:

a.      A condition precedent to bringing a court case or proceeding to an administrative hearing is filing with the EEOC either [per 42 U.S.C.A. § 2000e-5(e)(1)]:

                                                    i.     180 days; or

                                                   ii.     300 days if your proceeding initially institutes with a state or local agency having “authority to grant or seek relief,” and New York State has such authority.  

b.     If you are a federal sector employee (i.e., work for the federal government), be warned, your limitations period is just 45 days for you to contact the EEO Counselor at your place of employment / prospective place of employment per 29 CFR §1614.105

Attorney Andrew Lieb was interviewed by Newsweek to analyze Brittney Griner's sentencing. Here is the link to the article.