FOX 5: Trump's Ex-CFO Allen Weisselberg Tax Fraud Trial. Legal Analysis With Attorney Andrew Lieb

 Attorney Andrew Lieb appears on FOX 5 to discuss Trump's Ex-CFO Allen Weisselberg Tax Fraud Trial. \

Employers in NY now REQUIRED to Display Veterans' Benefits Poster

Governor Hochul signed A3913B into law on 11/10/2022 and effective January 1, 2023 employers have yet another poster to display. This time it's about veterans. 

The poster is to be created by the Department of Labor in consultation with the Division of Veterans' Services. It will include important items like tax benefits, mental health treatment, workplace training, and legal services.

However, is another poster really the answer? It's getting to the point where offices are just going to have employee rights posters and no art on their walls at all. Why not make these laws as digital requirements?

Regardless, employers better post this poster as soon as it's available if they don't want to get sued for military status discrimination as not posting would be a really bad look in such a lawsuit. Plus, violating Labor Law 201-h can result in civil penalties by the Department of Labor.

PIX 11: 1 Person Hits $2B Powerball Jackpot: What Should They Do Legally? Analysis with Attorney Andrew Lieb

1 Person Hits $2B Powerball Jackpot: What Should They Do Legally? Analysis with Attorney Andrew Lieb.

Newsweek: How Tiffany Trump's Mar-a-Lago Wedding Could Be Ruined by Hurricane Nicole (Analysis with Attorney Andrew Lieb)

 Attorney Andrew Lieb is quoted in Newsweek's article 

How Tiffany Trump's Mar-a-Lago Wedding Could Be Ruined by Hurricane Nicole

Employers Required to Post New Anti-Discrimination Notice of Employee Rights

Federal law requires employers to post a notice created by the Equal Opportunity Employment Commission (EEOC), which summarizes the federal laws and explains filing procedures. 

The notice was just updated, and it is called the “Know Your Rights: Workplace Discrimination is Illegal” poster.

It must be placed conspicuously, in a location that is accessible to all employees, including those with disabilities that limit mobility. To ensure that remote employees receive notice, employers should also post the notice on their website.

Violations have consequences! An employer who fails to comply may be fined up to $612 for each separate offense.

NEWS 12: U.S. Judge Suspends Many of NY's New Gun Restrictions. Legal Analysis With Attorney Andrew Lieb

U.S. Judge Suspends Many of New York's New Gun Restrictions. Legal Analysis With Attorney Andrew Lieb of Lieb at Law, P.C. on News12 LI

Newsweek: 'SNL Cast Should Appreciate' Dave Chappelle's Work, Claims Media Lawyer Andrew Lieb

 Newsweek interviews Attorney Andrew Lieb on his opinion on Dave Chappelle hosting SNL and the impact on the LGBTQ community. 

Read the full article here. 

New York Employees with Less Than Four Hours to Vote May Be Eligible for PTO

Let’s be real – creating a voting plan for Election Day doesn’t always make it to the top of the priority list. Busy work schedules can make it hard to find the time to get to the polls, but there are laws in place to that may help you overcome this obstacle. 

With election day approaching on Tuesday, consider how New York State Election Leave Law may help enable you to cast your vote for the issues you care about. 

Under the law, if you have less than four consecutive hours to visit the polls, you may be eligible for up to two hours of paid leave. If you intend to take time off to vote, you must notify your employer at least two, but no more than ten working days beforehand.  (Note: these days must be consecutive and don't include Sundays or holidays - so act fast if you need time off on Tuesday).

Employers cannot require employees to use other forms of earned leave time to vote, and must conspicuously post a notice of the law at least ten days prior to the election through to the closing of the polls. 

New York takes voting rights seriously. Violations of the Election Law are a misdemeanor, and can result in fines, imprisonment up to one year, or both. 

See you at the polls! 

FOX 5: Is Twitter Immune From Lawsuits? Legal Analysis Andrew Lieb of Lieb at Law

 Attorney Andrew Lieb joins FOX 5 NY to provide an analysis on Twitter Lawsuits. 

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.