CBS NY: Supreme Court Hears Arguments About Student Debt Relief Program. Analysis w/ Attorney Andrew Lieb.

Attorney Andrew Lieb appeared on CBS to analyze the Supreme Court's hearing on Biden's student debt relief program.

NBC LX: Attorney Andrew Lieb Commentating on Why Alec Baldwin Did Not Attend His 1st Court Hearing

Attorney Andrew Lieb appeared on NBC LX about Alec Baldwin's absence at his first court hearing. Waiving one's presence is not uncommon and can be a strategic decision. Watch the full interview here: 

Scripps News: Breaking Down Major Upcoming Supreme Court Cases w/ Constitutional Attorney Andrew Lieb

Attorney Andrew Lieb appeared on Scripps News this morning analyzing the upcoming #SCOTUS cases. 

FOX LiveNOW: Jury Forewoman in Georgia 2020 Election Probe Speaks Out. Analysis With Attorney Andrew Lieb

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.

Scripps News: Constitutional Attorney Andrew Lieb Talks About The Georgia Grand Jury Report On Trump 2020 Election

Attorney Andrew Lieb joined Scripps News to discuss the Georgia Grand Jury Report on Trump 2020 Election.

FOX LiveNOW: Legal Political Analyst Andrew Lieb Talks About Mike Pence Saying He Will Fight Subpoena

Attorney Andrew Lieb provides political commentary on FOX LIVENOW regarding Mike Pence's fight against a special counsel subpoena. Does executive privilege apply to all former presidents?

FOX 5 NY: Employment Attorney Andrew Lieb Comments On NYC To Consider Hybrid Work for Municipal Workers

Attorney Andrew Lieb appeared on Fox 5 NY o discuss Mayor Adams considering hybrid work for Municipal Workers. Allowing NYC employees to work from home helps to accommodate recruiting and retention efforts.

CBS NY: Harlem Tenants Face Eviction After City Fails To Pay Vouchers. Analysis With Attorney Andrew Lieb

Attorney Andrew Lieb was interviewed by CBS NY to comment on Harlem tenants facing eviction after NYC fails to pay vouchers. 

Hearing Disabilities in the Workplace per EEOC

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.

Affirmatively Furthering Fair Housing - New HUD Rule

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.

Biden Issues Memorandum Supporting Family Leave for Fed Employees

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. 

Scripps News: Attorney Andrew Lieb Talking About Hunter Biden Finally Admitting That The Laptop Is His

Attorney Andrew Lieb appeared on Scripps News diving into Hunter Biden's counterattack where he seeks criminal charges against those who handled his infamous laptop, offering legal analysis as a constitutional attorney & political legal analyst.

CBS NY: Attorney Andrew Lieb Talking about Trump Repeatedly Invokes Fifth Amendment In Deposition

Attorney Andrew Lieb was Interviewed on CBS NY to share his thoughts on Trump's invocation of the 5th Amendment in a deposition. Pleading the 5th is a devastating move in the civil case as a refusal to speak is an admission of wrongdoing.

FOX LiveNOW: Attorney Andrew Lieb Talking About Trump's Stormy Daniels 'Hush Money' Evidence Heads To Grand Jury

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.

Attorney Andrew Lieb Offers New CLE (Attorney Training) - Procuring Cause for Earning Real Estate Brokerage Commissions

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

LiveNow from FOX: Attorney Andrew Lieb on Biden, Pence & Trump on Classified Docs Scandals

Attorney Andrew Lieb joined LiveNOW from Fox to discuss #biden, #pence, & #trump on classified docs scandal

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.