Employers in the home health care industry can breathe a sigh of relief as New York State’s Highest Court ruled that home health care aids do not have to be paid for their entire 24-hour shift, so long as certain conditions are met. Read the full article by Mordy Yankovich, Esq. published in The Suffolk Lawyer Here
Thursday, June 06, 2019
Monday, June 03, 2019
On 5/31/19 the NYS Board of Real Estate continued its mission of optimizing the regulation of real estate brokers in our state by holding its meeting in NYC, Rochester and Albany. To remind real estate brokers and salespersons, the public is welcome at these meetings where the public can bring comments from the floor. It's encouraged that Lieb School students attend these meetings to have your voices heard.
"[T]he Board has general authority to promulgate rules and regulations affecting real estate brokers and salespersons in order to administer and effectuate the purposes of Article 12-A of the Real Property Law."
A complete video of the meeting is available here.
In summary, the following was discussed:
"[T]he Board has general authority to promulgate rules and regulations affecting real estate brokers and salespersons in order to administer and effectuate the purposes of Article 12-A of the Real Property Law."
A complete video of the meeting is available here.
In summary, the following was discussed:
- Complaints: From 1/1/19 to 4/30/19, the Department of State received 241 complaints about licensees. For perspective, there are 134,964 licensees in New York State.
- Testing: In 2018, of the 27,209 individuals who sat for the salesperson exam, 14,172 passed, which is roughly a 52% pass rate; of the 2,215 individuals who sat for the brokers exam, 1,447 passed, which is a 55% pass rate.
- Regulations: The Board is considered updating advertising regulations as to web based advertising where lead generation will be specifically addressed. Additionally, corporate titles was raised as a concern and a committee was assigned to study the issue. The simple solution stated was increased enforcement.
- Discrimination: Lawful source of income was discussed and the Department, while working with the Division of Human Rights, is hopefully going to issue guidance.
Remember, to take Lieb School's online classes to stay ahead of your profession.
Friday, May 31, 2019
According to the NYS Division of Human Rights, in legislative testimony provided earlier this month, sexual harassment complaints made to the Division have increased 62% since 2016.
Plus, this gigantic increase in complaints occurred before every employee in the State received training as to their rights when either being a victim of sexual harassment or being retaliated against for attempting to stop harassment.
Remember - every employer must train their employees before October 9, 2019 per Labor Law 201-g.
Failure to train is a misdemeanor and will be the kiss of death when trying to defend the company against a complaint of sex discrimination.
Plus, this gigantic increase in complaints occurred before every employee in the State received training as to their rights when either being a victim of sexual harassment or being retaliated against for attempting to stop harassment.
Remember - every employer must train their employees before October 9, 2019 per Labor Law 201-g.
Failure to train is a misdemeanor and will be the kiss of death when trying to defend the company against a complaint of sex discrimination.
Friday, May 17, 2019
Everything employers need to know about firing an ugly employee.
Thursday, May 09, 2019
Foreclosure laws vary drastically between the states. A recent decision from the Ninth Circuit Court of Appeals questions whether national banks can rely upon regulations and guidance from the Office of the Comptroller of the Currency when deciding whether local state law governs. Dennis Valet, Esq., examines whether Congress will step in to regulate a fractured banking system filled with contradicting state laws in order to give national banks the certainty they need to operate in multiple jurisdictions.
Read the full article published in The Suffolk Lawyer here.