LIEB BLOG

Legal Analysts

Wednesday, November 23, 2022

Senate Finance Committee Chairman Ron Wyden Must Act under Internal Revenue Code 6103(f)(1) to Get Trump's Tax Records

SCOTUS' decision on Trump's taxes going to the Ways and Means Committee is being talked about as problematic because the Republicans will be taking control of the Committee and have no interest in the records. 


However, the law that was before SCOTUS doesn't just authorize the Chairman of Ways and Means to get the records, it also authorizes the Senate Finance Committee Chair to request and be furnished with such records. 


Specifically, Internal Revenue Code 6103(f)(1) reads:

Upon written request from the chairman of the Committee on Ways and Means of the House of Representatives, the chairman of the Committee on Finance of the Senate, or the chairman of the Joint Committee on Taxation, the Secretary shall furnish such committee with any return or return information specified in such request, except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure.


So, why hasn't Democratic Senate Finance Committee Chairman Ron Wyden requested the records given that the Democrats will maintain control of the Senate? That's the question. Inaction appears to be yet another example of the Democrats being ineffective at politics given they can easily moot the issue of the Republicans killing the Trump tax record review and report in the House. One can only guess why they don't act and aggressively seize the narrative.




Tuesday, November 22, 2022

New Lawful Work Absence Wage & Hour Employment Law

Starting on February 19, 2023, employers are going to be subject to claims of retaliation if they discipline their workers for legally protected absences because Governor Hochul has signed A8092B


Specifically, Labor Law section 215 was amended to make clear that absences protected by federal, local, or state law, which result in discharge or penalty are now subject to a lawsuit that can result in liquidated damages, costs and attorneys' fees.


This new law further clarifies that actionable discipline includes "assessing any demerit, occurrence, any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action, which may include but not be limited to failure to receive a promotion or loss of pay."






New Mortgage Default Law as New York Home Prices Tumble

On November 22, 2022, Governor Hochul signed A3081 into law, which immediately prohibits the registration of mortgages in default prior to the filing of a notice of pendency. This is on the same day that the homepage of Newsday reads "Long Island homebuyers see highest rate of price cuts since 2019." It seems like foreclosures are on everyone's mind this Thanksgiving season. 

The new law can be found at Real Property Actions and Proceedings Law section 1393 and it basically cuts against the trend of local towns and villages enacting laws that require lenders to maintain foreclosed property - for example, here is the one in Smithtown New York. Specifically, it restricts these laws, which are problematic because they often required action on defaulted mortgages that were not yet in suit. Now, this new law requires a notice of pendency to have first been filed in a court before these laws can be effective. Smart.

Regardless, this is the beginning of the new focus on foreclosure trend that will be coming to all of us soon when we all start paying our heating bills.

Happy Thanksgiving.


 

Wednesday, November 16, 2022

Court TV (Part 3): Attorney Andrew Lieb Says "Alec Baldwin Should Have Kept His Mouth Shut"

 Attorney Andrew Lieb Says "Alec Baldwin Should Have Kept His Mouth Shut" on Court TV. 




Court TV (Part 2): Alec Baldwin Rust Set Shooting. Legal Analysis with Attorney Andrew Lieb

 Attorney Andrew Lieb appears on Court TV analyzing the Alec Baldwin "Rust" set shooting / lawsuit. 




Court TV (Part 1): Alec Baldwin Blames "Rust" Crew Members in Cross-Complaint. Analysis with Attorney Andrew Lieb

Attorney Andrew Lieb appears on @courttv analyzing Alec Baldwin blaming "Rust" crew members in cross-complaint 



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. \



Monday, November 14, 2022

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.




Friday, November 11, 2022

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)

Thursday, November 10, 2022

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.






Wednesday, November 09, 2022

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



Tuesday, November 08, 2022

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. 




Saturday, November 05, 2022

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! 







Thursday, November 03, 2022

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. 



Wednesday, November 02, 2022

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.



Tuesday, November 01, 2022

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



Tuesday, October 25, 2022

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.