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

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. 

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. 

Attorney Andrew Lieb joins Newsy to discuss Federal Agents see enough evidence to charge Hunter Biden. 

Attorney Andrew Lieb appeared on @fox5ny discussing fraud and scam cases increasing on #zelle. 

 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.

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• 1 Year of Office Experience
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• Monday - Friday: 9am to 5pm
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The firm’s practice areas include:

• Discrimination

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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.

In the wake of Hurricane Ian we are all thinking of the people of Florida and the Carolinas. However, what about the workers who are going to save lives and communities in the wake of the storm? What happens to them when they leave their jobs and do what is necessary in the blink of an eye. Are they sacrificing their continued employment by just leaving?

On September 29, 2022, President Biden signed the CREW Act into law to protect these important workers. Now, these workers who give notice of absence from a position of employment are considered to be engaging in a "military necessity" and these FEMA workers are now entitled to reemployment rights and benefits. 

This is good law.

The New York City Council introduced a bill to prohibit discrimination against people based on their tattoos. Are they taking discrimination law too far? 

Yes, it's true that employers ban tattoos at the workplace all the time. Yes, there is a stigma attached to those with tattoos. Yes, that stigma is not associated with actual data of lower work quality or effort and it's therefore, wrong. However, unlike sex, religion, marital status, familial status, sexual orientation, race, and the rest of the protected classes in New York City, getting a tattoo is a personal choice. Or is it? Don't some religions endorse tattoos (e.g., Buddhism and Hinduism) and isn't tattoo discrimination therefore religious discrimination? But, wouldn't those with religious tattoos already have a discrimination claim if they were denied employment and not need this bill? 

What do you think? Do you think tattoos should be a protected class giving rise to a discrimination lawsuit if someone is denied work because of their tattoo?

Shouldn't jobs be based on work quality alone? Or, shouldn't a boss have some say in who works for the company outside of qualifications? 

This is a tough one.

Did you know that employees of the federal government have special rules to sue their employer for employment discrimination? For example, these employees only have 45 days to initiate their complaint after the discriminatory event or they are foreclosed from bringing a case.

Now, the Equal Employment Opportunity Commission (EEOC) is proposing an amendment to the regulation that governs these types of discrimination cases, 29 CFR 1614.

The proposed amendment is a step forward by embracing the EEOC's Electronic Public Portal, but it's not nearly enough for these employees who are often a day late and a dollar short in bringing their claims. What really needs to happen is to provide federal sector employees with extended timelines to bring their cases, which match that available to private sector employees (180 days or 300 days depending on local discrimination laws). 

That said, the proposed regulatory change is designed "to authorize the Commission to transmit its hearing and appellate decisions and other documents to registered complainants through the EEOC Electronic Public Portal," which makes sense. 

To comment on this proposed rule, identified by RIN Number 3046-AB23, go to https://www.regulations.gov and follow the instructions for submitting comments.

Attorney Andrew Lieb provides clarification to the USA Today by fact checking NY gun laws and false claims. Click here for the full article by USA Today.