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.

CBS: Alex Jones Ordered to Pay In Sandy Hook Defamation Trial. Analysis With Attorney Andrew Lieb

Alex Jones Ordered to Pay In Sandy Hook Defamation Trial. Legal Analysis With Attorney Andrew Lieb on CBS 2.

PIX 11: Alex Jones Ordered to Pay $965 Million Defamation Trial. Analysis with Attorney Andrew Lieb

Alex Jones Ordered to Pay $965 Million in Sandy Hook Defamation Trial. Analysis with Attorney Andrew Lieb on WPIX 11.

Newsy: Federal Agents See Enough Evidence To Charge Hunter Biden. Analysis With Attorney Andrew Lieb

Attorney Andrew Lieb joins Newsy to discuss Federal Agents see enough evidence to charge Hunter Biden. 

FOX 5 NY: Fraud, Scam cases Increasing on Zelle. Legal Analysis with Attorney Andrew Lieb

Attorney Andrew Lieb appeared on @fox5ny discussing fraud and scam cases increasing on #zelle. 

Newsy: Employment Discrimination & Quiet Quitting. Analysis with Attorney Andrew Lieb

 Attorney Andrew Lieb discusses employment discrimination in the quiet workplace environment including quiet quitting and quiet firing on Newsy.

NEWS 12: Legal Challenges of Biden's Loan Forgiveness. Analysis With Constitutional Attorney Andrew Lieb

 Attorney Andrew Lieb discusses legal challenges of Biden's Loan Forgiveness with NEWS 12.

Lieb at Law Seeks Legal Assistant / Paralegal To Join Firm in Smithtown NY

 *Considering recent college graduates* - Email resumes to careers@liebatlaw.com 

Full Job Description

Lieb at Law, P.C. seeks a full-time Legal Assistant to join the boutique fast-paced, fun, dynamic, and thriving litigation law firm in Smithtown. This is an opportunity for someone looking to get their foot in the door, learn on-the-job skills that will eventually lead them to a career as a leading paralegal that will work across a variety of fields of law.

Required Qualifications:

• 1 Year of Office Experience
• Extremely Computer Savvy and Can Easily Navigate Cloud-Based Programs
• Detail Oriented, Well Organized, Can Maintain a High Level of Accuracy and Efficiency
• Experience with Microsoft Word, Adobe, and Google
• Charismatic Personality
• Associates Degree / Bachelors Preferred

Job Responsibilities:

• Multi-Tasking in a Fast-Paced Environment
• New Business In-take / Phone Screening
• Collecting Documents & Information For Cases and Updating Internal Records
• Research
• Drafting Retainer Agreements
• Scanning Documents and Managing Organization of Digital and Physical Files
• Hourly Billing
• Client Management
• General Office Management & Organization
• Administrative Duties
• Manage Office Digital Calendar / Help Manage Court Deadlines
• Preparation Of Legal Documents

Hours:

• Monday - Friday: 9am to 5pm
• Paid Most Federal Holidays + 15 PTO Days a Year
• Health Insurance Available 
• Salary: Commensurate with Experience

The firm’s practice areas include:

• Discrimination

• Employment

• Real Estate Litigation

• General Litigation

• Civil Rights Litigation

• Personal Injury (Plaintiff)

About 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.

Beyond litigation, the firm also offers outside general counsel advice and counsel to its corporate clients.

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.

Newsweek: Attorney Andrew Lieb Analyzes Ed Sheeran Copyright Trial

"How does an artist know when similar works are commonplace enough to not infringe? In the era of technology, it's time for there to be an algorithmic-based test so artists know when works infringe rather than leaving it to filing procedures and the jury," says Andrew Lieb, Esq. 

More analysis with Newsweek with Attorney Andrew Lieb. 

Ed Sheeran Copyright Trial Shows System is 'Broken': Lawyer

Newsweek: Attorney Andrew Lieb Analyzes Kim Kardashian's Crypto Bust

"Kim Kardashian is now a known touter having settled an SEC charge for violating the anti-touting provisions of federal securities laws," Andrew M. Lieb, managing partner of Lieb at Law, P.C.".

Read the full interview with Attorney Andrew Lieb at Newsweek on 

Kim Kardashian's Crypto Bust Fine 'Virtually Meaningless' Given Her Wealth 

FEMA Employment Rights Signed into Law

In the wake of Hurricane Ian we are all thinking of the people of Florida and the Carolinas. However, what about the workers who are going to save lives and communities in the wake of the storm? What happens to them when they leave their jobs and do what is necessary in the blink of an eye. Are they sacrificing their continued employment by just leaving?

On September 29, 2022, President Biden signed the CREW Act into law to protect these important workers. Now, these workers who give notice of absence from a position of employment are considered to be engaging in a "military necessity" and these FEMA workers are now entitled to reemployment rights and benefits. 

This is good law.

Lieb at Law Seeks Litigation Paralegal + Associate Attorney

Lieb at Law, P.C. is Hiring! We are looking for a Paralegal and Associate Attorney to join our litigation team. 

The firm’s practice areas include:

• Discrimination
• Employment
• Real Estate Litigation
• General Litigation
• Civil Rights Litigation
• Personal Injury (Plaintiff)

About 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.

Email resumes to: careers@liebatlaw.com

Tattoo Stigma Discrimination - Maybe It's Too Woke?

The New York City Council introduced a bill to prohibit discrimination against people based on their tattoos. Are they taking discrimination law too far? 

Yes, it's true that employers ban tattoos at the workplace all the time. Yes, there is a stigma attached to those with tattoos. Yes, that stigma is not associated with actual data of lower work quality or effort and it's therefore, wrong. However, unlike sex, religion, marital status, familial status, sexual orientation, race, and the rest of the protected classes in New York City, getting a tattoo is a personal choice. Or is it? Don't some religions endorse tattoos (e.g., Buddhism and Hinduism) and isn't tattoo discrimination therefore religious discrimination? But, wouldn't those with religious tattoos already have a discrimination claim if they were denied employment and not need this bill? 

What do you think? Do you think tattoos should be a protected class giving rise to a discrimination lawsuit if someone is denied work because of their tattoo?

Shouldn't jobs be based on work quality alone? Or, shouldn't a boss have some say in who works for the company outside of qualifications? 

This is a tough one.

Employment Discrimination - Federal Sector - Regulatory Changes Coming

Did you know that employees of the federal government have special rules to sue their employer for employment discrimination? For example, these employees only have 45 days to initiate their complaint after the discriminatory event or they are foreclosed from bringing a case.

Now, the Equal Employment Opportunity Commission (EEOC) is proposing an amendment to the regulation that governs these types of discrimination cases, 29 CFR 1614.

The proposed amendment is a step forward by embracing the EEOC's Electronic Public Portal, but it's not nearly enough for these employees who are often a day late and a dollar short in bringing their claims. What really needs to happen is to provide federal sector employees with extended timelines to bring their cases, which match that available to private sector employees (180 days or 300 days depending on local discrimination laws). 

That said, the proposed regulatory change is designed "to authorize the Commission to transmit its hearing and appellate decisions and other documents to registered complainants through the EEOC Electronic Public Portal," which makes sense. 

To comment on this proposed rule, identified by RIN Number 3046-AB23, go to https://www.regulations.gov and follow the instructions for submitting comments.

USA Today: Fact check: Document with false guidance on New York gun laws circulates online

Attorney Andrew Lieb provides clarification to the USA Today by fact checking NY gun laws and false claims. Click here for the full article by USA Today.

Lieb at Law Hiring Complex Litigation Attorney

Job description

From the moment you begin your career at Lieb at Law you will be exposed to our commitment to excellence. We value hard work, determination, and a desire to improve ourselves each and every day. In a fast-paced work environment this office requires lawyers who are unafraid to take on challenges and handle a multitude of responsibilities while keeping their head above water. Managing clients, drafting pleadings, discovery, and motions are just what happens before lunch.

But what this office prides itself on is the strong interpersonal work relationships. Our seasoned professionals are here to mentor and encourage you to become the best competitive litigator you can be. We operate a licensed school and teach law at CLEs throughout the country because we are regarded amongst our peers as leaders in the fields we practice. What is required from you is a tenacity to learn and improve. Expect to be thrown into complex litigation from day one and get exposed to a wide range of legal issues. But to become the best, you need to work to be the best, and at Lieb at Law we will provide you the tools and guidance to achieve that end.

Desired qualifications:

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

The firm’s practice areas include:

• Employment & Discrimination Litigation: Workplace Discrimination, Housing Discrimination, Education Discrimination, Family Medical Leave ACt, Harassment, Retaliation, Restrictive Covenants, Wage & Hour, Whistleblower
• Employment Litigation, Compliance and Trainings: Discrimination, Harassment, Retaliation, Wage and Hour, Restrictive Covenants, Family Medical Leave Act, Alternative Dispute Resolution, Appeals, Employee Handbooks and Policies, Sexual Harassment and Discrimination Training, Wage and Hour Audits & more.
• Real Estate Litigation: Real Estate Brokerage; Construction, Constructive Trust, Contractual Disputes, Cooperative & Condominium, Fair Housing & Discrimination, Commercial Evictions, Partition Action, Premises Liability, Title Insurance, Foreclosure
• Legal Compliance for Regulated Industries: Outside Compliance Counsel for regulated professions, Policy Drafting, Policy Implementation, Auditing, Corporate Compliance Trainings.

Qualifications:

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

About Lieb at Law, P.C.:

Lieb at Law, P.C. is a litigation boutique law firm, which focuses on discrimination claims in employment and housing.

We also litigate commercial disputes, real estate brokerage commission / fiduciary duty / ethics matters, breach of contract cases, title claims, landlord / tenant evictions, mortgage foreclosure actions, plaintiff's personal injury, and all employment matters, such as wage and hour claims and whistleblower actions.

Beyond litigation, the firm also offers outside general counsel advice and counsel to its corporate clients.

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.

Email resume to careers@liebatlaw.com

NY Real Estate Qualifying Education Update for Broker Applicants

Recent legislation revising the Real Estate Property Law regarding the qualifying education requirements for real estate brokers was recently adopted.  Effective September 21, 2022, all individuals applying for a real estate broker license must complete two hours of instruction pertaining to cultural competency. 

In order to satisfy the new education requirements, broker applicants will be allowed to submit proof of completing a 2-hour continuing education course on cultural competency.

 

Please note: Effective December 21 ,2022, the 45-hour broker course will increase to 75 hours and includes cultural competency training.

Lieb School offers the 2 hour cultural competency course. You can register for it here. 

Biden Signs Bill Eliminating the Statute of Limitations on Civil Claims for Minor Victims of Federal Sex Crimes

On September 17, 2022, President Biden signed the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022. 

The Act completely eliminates the statute of limitations for minor victims to file a civil action for a number of federal sex offenses, including sex trafficking, forced labor, sexual abuse and child pornography. By amending Title 18 of the United States Code, the part that deals with federal crimes and criminal procedure, this Act removes all former time restrictions for specified offenses relating to minors.  

Previously, minor victims seeking to file federal civil claims for damages had until their 28th birthday, or until 10 years after the violation or injury was discovered. These restraints presented a substantial barrier for many victims, who often delay in reporting or taking legal action because of the time it takes to process their trauma. Now, the doors of justice are wide open for minor victims to pursue claims and hold their abusers accountable. 

Similar measures have been taken at the state level as well. For example, in New York, the Child Victims Act begins the statute of limitations for child sex abuse crimes when the child turns 23 for criminal proceedings, and the filing of a civil action before a toddler, pre-teen, or teenage victim’s 55th birthday. 

It's becoming clear that the law is evolving favorably for victims of abuse. Perhaps knowing that the law is on their side will provide survivors with the empowerment that they need to carry on. 

Employer Responsible for 6-Year-Old’s Use of Racial Slurs in Discrimination Case

Did you know that Title VII employment discrimination cases can happen even if the perpetrator is merely the 6-year-old grandson of the owner?

That's the lesson from Chapman v. Oakland Living Center, which is a case against an assisted living facility where the owner’s 6-year-old grandson repeatedly used the n-word against a black employee.

The problem for the employer was - why didn't anyone stop him? The boy’s grandfather either knew or should have known about the conduct and failed to sufficiently respond. Yes, there was a spanking and an unsuccessful attempted to elicit an apology, but that wasn't enough.

The lesson here is don't let hostile, bigoted and offensive remarks occur at the workplace, no matter who is saying them. It's never okay, and failure to stop such remarks will result in a discrimination case. Be warned.

Joint Employer Regulation - Collective Bargaining & Unfair Labor Practices - Retained Right of Control is Enough

The National Labor Relations Board (NLRB) published a notice of proposed rulemaking and request for comments to rescind and replace “Joint Employer Status Under the National Labor Relations Act,” which took effect on April 27, 2020.

Importantly, the proposed regulation seeks to broaden whether an employee has two or more employers each of which must comply with the law and not engage in unfair labor practices without being exposed to tremendous liability. If you have been a victim where your employer has shut down your ability to organize and fight for wages, benefits, or hours worked, you are going to want to take a look at this proposal. It's also important for conglomerates and franchisors to study and comment.  

The proposed regulation focuses "on whether a [] joint employer possesses the authority to control or exercises the power to control particular employees' essential terms and conditions of employment." It "focuses on forms of reserved and indirect control that bear on employees' essential terms and conditions of employment." These "'essential terms and conditions of employment' will 'generally include, but are not limited to: wages, benefits, and other compensation; hours of work and scheduling; hiring and discharge; discipline; workplace health and safety; supervision; assignment; and work rules and directions governing the manner, means, or methods of work performance.'”

The big change is going back to before 2020 when the NLRB looked at reserved and indirect control in establishing joint employers and liability. 

The commenting period is through November 7, 2022 and can be made through http://www.regulations.gov.

Jimmy Fallon, Tracy Morgan & Lorne Michaels accused of “Enabling” Gender-Motivated Violence Under NYC’s Amended Gender Motivated Violence Act

Last year, a Pennsylvania woman sued former Saturday Night Live cast-member, Horatio Sanz, for allegedly sexually abusing her when she was a minor. Now, she's seeking to add Jimmy Fallon, Tracy Morgan & SNL creator, Lorne Michaels, to her cast of defendants. 

  

This development comes after New York City’s Gender-Motivated Violence Act (GMVA) recently enacted a two-year lookback window which gives accusers two years to revive their previously time-barred claims of gender-motivated violence (defined as a crime of violence motivated by gender). 

  

In addition to extending the statute of limitations, the amendment also expands the scope of the GMVA to include any “party” who “directs, enables, participates in, or conspires in the commission of a crime of violence motivated by gender." This explains why Fallon, Tracy, & Michaels may be in hot water.

  

If you’ve been the victim of gender-motivated violence in New York City, you now have until March 1, 2025 to file a civil lawsuit for compensatory damages, injunctive relief, attorneys’ fees, & more.  

  

New Yorkers who live outside the City may bring a lawsuit under a similar statewide law which takes effect November 24, 2022, & gives a one year revival window. If you suffered abuse as a minor, the deadline is February 3, 2023 under one law, & another gives certain victim's until their 55th birthday to commence a case. 

Sexual abuse is no laughing matter. These revival statutes give New York victims of sexual abuse a golden opportunity to hold both abusers & enablers accountable.