Newsy: Supreme Court Hears Affirmative Action Cases. Legal Analysis with Attorney Andrew Lieb

Supreme Court Hears Affirmative Action Cases. Legal Analysis with Attorney Andrew Lieb of Lieb at Law.

NYC Pay Transparency Law is Now in Effect

The New York City Pay Transparency Law is, as of November 1, 2022, in effect. As previously reported in our Blog on March 29, 2022 and May 6, 2022, the law requires all employers, with 4 or more employees, to include a "good faith" salary range in all advertisements for a job, promotion or transfer opportunity that is to be performed - in whole or in part - in NYC.

The following are additional requirements/clarifications of the Law:

• The Law covers full-time/part-time positions, interns, domestic workers and independent contractors.
• "Advertisements" include all written descriptions of an available job, promotion or transfer opportunity publicized to a pool of potential applicants including internal postings.
• The salary range must include both a minimum and a maximum salary (if employer has no flexibility, the minimum and maximum can be identical). 
• The stated amounts should be the annual salary or hourly rate. Other forms of compensation (e.g. bonuses, tips, commissions, insurance, over time pay, etc.) do not need to be included.
• The New York City Commission on Human Rights ("Commission") will investigate compliance with the new law (on its own and/or in response to complaints). 
• Potential applicants can file claims with the Commission or can file a lawsuit in court.
• The Commission will not assess a penalty for the first violation of the Law if cured within 30 days. However, the Commission may assess penalties of up to $250,000 for the first uncured violation and all subsequent violations. 

Employers need to immediately comply with these requirements. For additional information, please see NYC's fact sheet on the new law.

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.

PIX 11: Alex Jones Ordered to Pay $965 Million Defamation Trial. Analysis with Attorney Andrew Lieb

Alex Jones Ordered to Pay $965 Million in Sandy Hook Defamation Trial. Analysis with Attorney Andrew Lieb on WPIX 11.

Newsy: Federal Agents See Enough Evidence To Charge Hunter Biden. Analysis With Attorney Andrew Lieb

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

FOX 5 NY: Fraud, Scam cases Increasing on Zelle. Legal Analysis with Attorney Andrew Lieb

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

Newsy: Employment Discrimination & Quiet Quitting. Analysis with Attorney Andrew Lieb

 Attorney Andrew Lieb discusses employment discrimination in the quiet workplace environment including quiet quitting and quiet firing on Newsy.

NEWS 12: Legal Challenges of Biden's Loan Forgiveness. Analysis With Constitutional Attorney Andrew Lieb

 Attorney Andrew Lieb discusses legal challenges of Biden's Loan Forgiveness with NEWS 12.

Lieb at Law Seeks Legal Assistant / Paralegal To Join Firm in Smithtown NY

 *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.

Newsweek: Attorney Andrew Lieb Analyzes Ed Sheeran Copyright Trial

"How does an artist know when similar works are commonplace enough to not infringe? In the era of technology, it's time for there to be an algorithmic-based test so artists know when works infringe rather than leaving it to filing procedures and the jury," says Andrew Lieb, Esq. 

More analysis with Newsweek with Attorney Andrew Lieb. 

Ed Sheeran Copyright Trial Shows System is 'Broken': Lawyer

Newsweek: Attorney Andrew Lieb Analyzes Kim Kardashian's Crypto Bust

"Kim Kardashian is now a known touter having settled an SEC charge for violating the anti-touting provisions of federal securities laws," Andrew M. Lieb, managing partner of Lieb at Law, P.C.".

Read the full interview with Attorney Andrew Lieb at Newsweek on 

Kim Kardashian's Crypto Bust Fine 'Virtually Meaningless' Given Her Wealth