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.

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

 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. 

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! 

 Attorney Andrew Lieb joins FOX 5 NY to provide an analysis on Twitter Lawsuits. 

Supreme Court Hears Affirmative Action Cases. Legal Analysis with Attorney Andrew Lieb of Lieb at Law.

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. 

 Attorney Andrew Lieb joined FOX 5 to discuss the Trump Organization Tax Fraud Trial. 

 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

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. 

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. 

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

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

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

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

 *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.

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.

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.

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.

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.

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

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. 

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.