PIX 11: NY’s AG questions MSG's Use Of Facial Recognition Technology. Analysis with Attorney Andrew Lieb

Attorney Andrew Lieb appeared on PIX11 discussing discrimination legal issues with using facial recognition technology.

Foreclosure Statute of Limitations Laws Changed - No More Deaccelerations - More Dismissals Coming

In 2023, Foreclosure Law is changed forever.

Did you hear about the foreclosure abuse prevention act, S5473D?

Previously, a foreclosing plaintiff could sue whenever they wanted without worry about statute of limitations constraints so long as payments remained due under the loan. When they sued, they'd accelerate the loan and declare the entire amount due for purposes of the lawsuit. However, if something went wrong in the lawsuit, they'd deaccelerate the loan and then, start the process again without fear of the 6 year statute of limitations on foreclosure actions blocking their case and having the lien removed?

Simply, plaintiff had the unilateral authority to deaccelerate the loan. No more. 

Now, CPLR 203(h) clarifies "that upon accrual of a cause of action, the aggrieved party - meaning

the party with the right to commence an action and interpose a claim may not unilaterally extend its own time to assert its own claim."

This is a game changer - there are going to be a lot of cases dismissed on statute of limitations grounds moving forward in New York State. 

FOX: Attorney Andrew Lieb on Alec Baldwin Manslaughter Charges

 Legal Analyst / Attorney Andrew Lieb on Alec Baldwin Manslaughter Charges on LiveNOW from FOX.

Progressive 2023 Sexual Harassment Prevention Model Policy Changes Coming to NYS

The New York State Department of Labor (“DOL”) is once again raising the bar on workplace protections against sexual harassment and discrimination. In its Proposed Sexual Harassment Prevention Model Policy important issues such as remote work, gender identity, and bystander prevention techniques take center stage.

Back in October of 2018, the DOL required all employers in New York State to adopt written sexual harassment prevention policies and provide employees with annual anti-harassment training in satisfaction of Labor Law 201-g.To assist employers with compliance, it also issued the first model sexual harassment policy, which set a minimum required standard, and required that it be reviewed and updated every 4 years. The model policy released on January 12, 2023 is the product of this first review, and it incorporates feedback received from workers in various career fields throughout the state.

The proposed revisions are largely aimed at helping workers understand their rights and how to take action when they are violated. It does this in a few notable ways.

First, it clarifies certain aspects of the New York State Human Rights Law. For example, one key provision explains that sexual harassment need not be severe and pervasive to be illegal in New York State. Another makes clear that harassing conduct is assessed from the perspective of a "reasonable victim of discrimination with the same protected characteristics."

Next, gender diversity features heavily. Definitions are provided for certain identities including cisgender, nonbinary, and transgender as well as how such identities can intersect and affect one's experience in the workplace. This revision seems to recognize the reality that promoting a safe workplace necessarily involves awareness and sensitivity to the diverse identities and experiences of those we work with.

Other key aspects of the proposed policy include a new section devoted to bystander intervention, emphasis on supervisor sensitivity to victims, and how sexual harassment and discrimination can occur in the context of remote work.

Through February 11, 2023, the DOL is accepting public comments on the proposed revisions. After that, a final version will be adopted.

If you run a business in NYS or with NYS employees - you better be paying attention to this as your exposure is through the roof if you ignore it.

Scripps News: Instructor Showed Prophet Muhammad Images Sues School.School Says Calling It Islamophobic Was Flawed. Analysis with Attorney Andrew Lieb

Instructor Showed Prophet Muhammad Images Sues School. School Says Calling It Islamophobic Was Flawed. Legal Analysis With Discrimination Lawyer Andrew Lieb on Scripps News.

Lieb at Law Hiring Associate Attorney

Lieb at Law, P.C. - Associate Attorney (Litigation) 

Lieb at Law, P.C. seeks a creative and passionate attorney to join our boutique discrimination litigation law firm. If you want a job where you will spend your days working on pressworthy cases, this job is for you. If you are interested in complex motions / legal strategy, this job is for you. If you need your work to matter, this job is for you. Beyond discrimination, the position will also litigate other commercial and civil case topics (Plaintiff & Defense). A good candidate should want to collaborate with a collegial team while focusing on drafting pleadings, discovery, motions, ADR (mediation/arbitration), administrative proceedings, trials, and appeals.

Lieb's team prides itself on having strong interpersonal work relationships. Our seasoned professionals operate a licensed school and teach law at CLEs throughout the country because we are regarded amongst our peers as leaders in the fields that we practice. To make it here, you need tenacity where you always want to continue to learn and improve. On day one, you should expect to be thrown right into the fire and get tons of opportunities in every aspect of litigation.

Desired qualifications:

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

Practice areas:

• Employment Litigation
• Discrimination Litigation
• Real Estate Litigation
• General Litigation

Qualifications:

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

About Lieb at Law, P.C.:bout 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.

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.

TO APPLY EMAIL CAREERS@LIEBATLAW.COM

CBS: Special Counsel Investigating Documents At Biden's Home. Analysis With Attorney Andrew Lieb

Special Counsel Investigating Documents At Biden's Home. Analysis With Attorney Andrew Lieb, Legal Political Analyst.

New Continuing Legal Education Course - Viewpoint Discrimination & Symbolic Speech by Attorney Andrew Lieb

Attorney Andrew Lieb offers a brand new Continuing Legal Education course through Quimbee. This course will hit home on the constitutionality of the Florida "Don't Say Gay" Law. Registration here. 

Viewpoint Discrimination & Symbolic Speech

In this course, Andrew Lieb will discuss the emergence of restrictions on speech in public schools and whether those restrictions constitute actionable viewpoint discrimination. Can the government regulate what teachers and students wear and display in our public schools? When are time, place, and manner restrictions permissible and when are they discriminatory? Do policies like the “Don't Say Gay” rule, violate the First Amendment? This course will teach you how to analyze a viewpoint discrimination case and prepare you to fight to protect your clients' constitutional rights.

Court TV: Husband Accused of Poisoning Wife. Analysis with Attorney Andrew Lieb

Husband Accused of Poisoning Wife. Analysis with Attorney Andrew Lieb, Guest Legal Analyst on Court TV.

Court TV: Antifreeze Murder Retrial. Analysis with Attorney Andrew Lieb

 Antifreeze Murder Retrial. Analysis with Attorney Andrew Lieb, Guest Legal Analyst on Court TV.

FOX LiveNOW: Attorney Andrew Lieb, Legal-Political Analyst Discussing The Articles of Impeachment Filed Against DHS Secretary Mayorkas

Attorney Andrew Lieb, Legal-Political Analyst Discussing The Articles of Impeachment Filed Against DHS Secretary Mayorkas on LiveNOW From Fox.

FOX LiveNOW: Legal Political Analyst Andrew Lieb Comments on McCarthy Falling Short 3 Times in Speaker Vote

McCarthy Falling Short 3 Times in Speaker Vote. Analysis With Attorney Andrew Lieb, Legal Political Commentator on LiveNOW From Fox.

PIX 11 NY: Santos Campaign Finance Issues & Lies. Legal Political Analysis with Attorney Andrew Lieb

 

George Santos Campaign Finance Issues & Lies. Legal Political Analysis with Attorney Andrew Lieb on PIX 11

Pregnant Workers Fairness Act Passed into Law

As part of funding the federal government on December 29, 2022, by way of the Consolidated Appropriations Act, 2023, President Biden signed a new employment discrimination law that will be effective on June 27, 2023, the Pregnant Workers Fairness Act. 

This new anti-discrimination law requires US employers to provide reasonable accommodations to address their employee's limitations related to "pregnancy, childbirth, or related medical conditions," except if such accommodations would constitute an "undue hardship on the operations of the business" of the employer. 

If employers had any doubt, they should immediately and proactively adjust their policy manuals and spell-out how covered employee(s) can request to engage in the "interactive process" where such employee(s) can help to identity reasonable accommodations that would allow them to otherwise perform their essential functions of their job.

Make no mistake, the new law makes clear that employers cannot require covered employees to take leave, even paid leave, if a reasonable accommodation is otherwise available.

Moving forward, pregnancy, childbirth, or related medical conditions no longer need to constitute a disability under the Americans with Disabilities Act for an accommodation to be statutorily required to be made available to employees throughout the United States.

  

 

Top 5 New Housing Discrimination Laws from 2022

1. New Groups Protected from Discrimination in NYS: Anti-Discrimination on Citizenship / Immigration Status protected in NYS as of December 23, 2022, and Status as a Victims of Domestic Violence protected in NYS as of May 13, 2022.
2. New Notice About Source of Income Discrimination Provided in NYS by Administrators: Public housing agencies (i.e., section 8 administrators) must provide recipients of Notice of Rights from Source of Income Discrimination as of August 17, 2022 (the form reminds us on its face that “cannot say they do not accept housing vouchers or that they do not participate in a program such as Section 8.”)
3. Internet Enforcement is in NYS: DOS launched the Internet Enforcement Unit on June 1, 2022, which focuses on websites complying with law, including the existence of the Fair Housing Statement, compliance with Standard Operating Procedure Rules, and compliance with Advertising Regulations (19 NYCRR 175.25) with a specific emphasis on the use of unlicensed aliases rather than licensed names in such advertisements.
4. New Notice About Disability Discrimination Rights to be Provided by NYS Real Estate Licensees: Real estate licensees (brokers / salespersons) must provide Notice Disclosing Tenants’ Rights to Reasonable Accommodations for Persons with Disabilities at the first point of substantive contact and with a link to the law on the homepage of every website as of May 18, 2022.
5. Implementation of Standard Operating Procedures Required in NYS: Standard Operating Procedures need to be adopted by brokerage firms and made publicly available on all licensees' websites and mobile device applications while also being available, on request, to the public at office locations, as of March 18, 2022.

Spectrum 1 NY: NY AG To Review Issues Raised About George Santos. Analysis with Attorney Andrew Lieb.

NY AG To Review Issues Raised About George Santos. Legal Political Analysis with Attorney Andrew Lieb on Spectrum 1 NY.

FOX 5 NY: FTX's Bankman-Fried, Charged With 'Epic' Fraud. Legal Analysis With Attorney Andrew Lieb

Attorney Andrew Lieb appeared on Fox 5 NY discussing FTX Bankman-Fried charged with "epic" fraud and released on $250 bond. 

Throw Out Your Old Residential Lease Forms - New Law Alert

On June 21, 2023, all residential leases in NYS need to be updated to provide notice of the flood risk and flood history of the rental as well as what flood insurance is available to renters.

S5472A has created Real Property Law 231-b to create a right to know for renters when it comes to floods. 

Now, in addition to providing the history of flood damage at the premises and whether the rental is in a FEMA floodplain, special flood hazard area, or a moderate risk flood hazard area, landlords must include the following notice in all of their leases:

FLOOD INSURANCE IS AVAILABLE TO RENTERS  THROUGH  THE  FEDERAL

EMERGENCY  MANAGEMENT AGENCY'S (FEMA'S) NATIONAL FLOOD INSURANCE PROGRAM  (NFIP) TO COVER YOUR PERSONAL PROPERTY AND CONTENTS IN THE  EVENT  OF  A  FLOOD.  A  STANDARD  RENTER'S  INSURANCE POLICY DOES NOT TYPICALLY COVER  FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE  YOUR  POLICY  TO  DETERMINE  WHETHER YOU ARE COVERED.

 

Major Discrimination Update - NYS Human Rights Law Expanded to Prohibit Discrimination on Citizenship / Immigration Status

Citizenship Status and Immigration Status are now protected classes throughout the State of New York when it comes to discrimination in housing, public accommodations (commercial real estate), education, and employment.

Effective December 23, 2022, A6328A has amended the New York State Human Rights Law to protect a new group of New Yorkers, those who are subjected to different terms, conditions, and privileges based on their citizenship status and immigration status. It protects against discriminatory publications (i.e., advertising / statements). It protects from hostile environments. It is all encompassing to stop discrimination. 

According to the law, Citizenship or Immigration Status is defined to mean "the citizenship of any person or the immigration status of any person who is not a citizen of the United States."

Employers, landlords, and educational administrators may have a gut pushback to this law and wonder about issues it may cause for them if they are required to verify legal status as part of their business. Have no fear, the law permits verification and consequential adverse actions "where required by law." However, that does not mean that you can check status whenever you feel like it or believe the law requires it. Instead, it is incumbent upon any person who plans to verify status to first identify the legal basis for why status is required to be verified before doing anything. Otherwise, employers, landlords, and educational administrators should expect to be defending a lawsuit that can easily result in damages over six-figures.

 

All NYS Employers Must Disclose Compensation to Applicants and Employees - Equal Pay Lawsuit Coming

On December 21, 2022, the State caught up with New York City by passing a statewide mandatory compensation disclosure act, S9427A, which will be effective on September 17, 2023. 

The new law, Labor Law 194-b, requires that all employers and agencies only advertise a job, promotion, or transfer if they also provide the compensation or compensation range together with a job description.

While no job description is required if it does not exist, be warned that the law applies even if only a part of the job is to be performed in New York. 

Yet, that's all we know... FOR NOW.

However, there will be more because the Department of Labor is charged with promulgating additional rules and regulations. So, stay tuned. 

Hopefully, these rules will include a notice before violation provision where an employer can cure before being penalized like the City's version. 

The penalties are big - they are $1,000 for the first violation, $2,000 for the second, and $3,000 for subsequent violations. Nonetheless, the real risk is that it's conceivable that a court could find that one mistake could result in thousands of violations based on the number of positions available, applicants, and varying web aggregators that reproduce the job post.

That is all setting aside a company's real exposure. 

Now, employees are going to know if they have claims under the Equal Pay Act or if they've been otherwise discriminated in the terms of their employment. This is big!