Monday, February 27, 2023
Friday, February 24, 2023
Join us in watching Attorney Andrew Lieb as he shares his expert analysis on the Jury Forewoman in Georgia 2020 Election Probe speaking out on Fox LIVENOW. The judge's failure to impose a gag order has allowed the proceedings to turn into a circus. View the full clip.
Friday, February 17, 2023
Wednesday, February 15, 2023
Tuesday, February 14, 2023
Attorney Andrew Lieb was interviewed by CBS NY to comment on Harlem tenants facing eviction after NYC fails to pay vouchers.
Thursday, February 09, 2023
At the end of January, 2023, EEOC released Hearing Disabilities in the Workplace and the Americans with Disabilities Act, which is a terrific resource for the 15% of american adults who have some trouble hearing and want to know their rights at work.
If you are hearing impaired, remember that the ADA is just the floor of your rights so you should always have your attorney examine whether your state or locality provides your with additional protections. To illustrate, the ADA only applies to employers with 15 or more employees, but states, like NY have no minimum employee threshold for anti-discrimination laws to apply (the New York State Human Rights Law at Executive Law 296), which has been the law of the state since February 8, 2020.
Regardless, the EEOC's released document is a great resource because it includes a series of question-and-answers for both job applicants and employees.
Of greatest interest, you should look at the examples of accommodations that should be provided for those with a hearing related disability. The list of examples includes:
- Access to a video relay service or video remote interpreting service using equipment such as a videophone, computer, laptop, tablet, or smartphone.
- A hearing aid-compatible telephone headset, a telephone amplifier, and/or adapters for using a phone with hearing aids or cochlear implants.
- Appropriate emergency notification systems (for example, strobe lighting on fire alarms or vibrating pagers).
- Enabling the streaming of sound directly from a device to hearing aids or cochlear implants.
- Utilizing accessibility features of mainstream technology (for example, using the captioning feature on virtual meeting platforms).
- A voice carry-over telephone, captioned telephone, text telephone, or TTY.
- Equipment used for hearing protection to block noise or to protect hearing function, including equipment that can be used with hearing aids.
- Assistive software or applications (for example, for automated captioning, voice recognition, videoconferencing, or sound detection).
The point is that those with a disability have a right to enjoy equal employment opportunities and if they aren't afforded such a right by their employer or prospective employer, they can sue and they should win big damages.
HUD announced new proposed fair housing rules on February 9, 2023 in the federal register.
To remind you, fair housing rules are anti-discrimination laws for our nation's housing renters, purchers, and occupants.
This rule is about Affirmatively Furthering Fair Housing, which requires fair housing analysis for local communities, states, and public housing agencies and requires them to set ambitious goals to address fair housing issues in their communities.
In summary, the proposed rule creates new levels of accountability and scrutiny on local communities and housing agencies. However, the big issue is that the rule requires program participants to set fair housing goals, but it fails to advise what that means and we are sure, in today's society, it means diametrically opposed concepts to different groups.
The comment period is open until April 10, 2023 - you can comment at the Federal eRulemaking Portal at www.regulations.gov.
Tuesday, February 07, 2023
On February 7, 2023, President Biden threw his support behind paid family leave in publishing a memorandum in the Federal Register, which reads: "supports a national, comprehensive paid family and medical leave program that will ensure that workers have access to paid leave to bond with a new child; care for a seriously ill loved one; deal with a loved one's military deployment; heal from the worker's own serious illness; grieve the death of a loved one; or seek safety and recover from domestic violence, dating violence, sexual assault, or stalking."
Sounds great, right?
However, if you read on further, the memorandum states as follows: "the heads of executive departments and agencies (agencies) are encouraged to consider providing leave without pay for Federal employees, as appropriate and consistent with applicable law."
So, in all, lots of words about paid family leave, but not any greater rights to obtain paid family leave, let alone, unpaid leave, were even given.
That said, for private sector employees, at least, you have rights under the Family and Medical Leave Act and in NYS, under the Paid Family Leave.
Monday, February 06, 2023
Wednesday, February 01, 2023
Tuesday, January 31, 2023
Manhattan DA Presenting Evidence To Grand Jury About Trump's Role In Stormy Daniels' Hush Money Payments. Analysis With Attorney Andrew Lieb, Legal Political Analyst on LiveNow From FOX.
Monday, January 30, 2023
Procuring Cause for Earning Real Estate Brokerage Commissions
As the housing market sours, there has been an uptick in homesellers refusing to pay their real estate brokers commissions. This has rendered the timing of when commission vests a hotly contested and litigated issue. In this course, you will learn the default rules for when commission vests, the meeting of the minds, and what options brokers and sellers have to change that default rule by supplanting the listing agreement with other triggers to commission. We will delve into how the default rule is modified when a real estate broker is cut out of a transaction as well as when a broker's breach of statutory / common law duties impacts their ability to claim commission. This is your one stop shop to learn how to litigate real estate brokerage law.
Registration is available here.
https://www.quimbee.com/cle/courses/procuring-cause-for-earning-real-estate-brokerage-commissions
Friday, January 27, 2023
Attorney Andrew Lieb joined LiveNOW from Fox to discuss #biden, #pence, & #trump on classified docs scandal
Friday, January 20, 2023
Legal Analyst / Attorney Andrew Lieb on Alec Baldwin Manslaughter Charges on LiveNOW from FOX.
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.