LIEB BLOG

Legal Analysts

Thursday, January 02, 2020

REAL ESTATE & LAW: A LOOK BACK AT 2019 AND A LOOK AHEAD

Andrew Lieb , Behind the Hedges
REAL ESTATE & LAW: A LOOK BACK AT 2019 AND A LOOK AHEAD
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Employers May be Exposed to a Sex Discrimination Lawsuit From...an Alleged Harasser?

#metoo , discrimination law
Employers May be Exposed to a Sex Discrimination Lawsuit From...an Alleged Harasser?
In this “Me Too” era, it is logical that an employer’s reflexive reaction to receiving a complaint of harassment from a female employee is to immediately fire the alleged male harasser. However, while the employer may believe that firing the male employee will protect the employer from a lawsuit by the female employee, such impulsive action without a thorough unbiased investigation may expose the employer to a sex discrimination lawsuit filed by . . . the alleged male perpetrator. 

Read the full article by Mordy Yankovich, Esq. published in the Suffolk Lawyer here. 


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Reminder for Employers: Minimum Wage Rates and Salary Threshold for Overtime Exemptions Increased as of December 31, 2019

administrative exemption , Employment Law
Reminder for Employers: Minimum Wage Rates and Salary Threshold for Overtime Exemptions Increased as of December 31, 2019
Effective December 31, 2019, the minimum wage increased throughout New York State as follows:

 1) Nassau, Suffolk and Westchester Counties: $13 per hour.
2) New York City (employers with ten (10) or fewer employees): $15 per hour. 
3) Remainder of New York State: $11.80 per hour.
4) Fast Food Employees Outside of New York City: $13.75 per hour.
In addition, effective December 31, 2019, the salary threshold for employees to qualify under the Executive and Administrative Exemptions (i.e. not entitled to overtime compensation) increased as follows:
1) Nassau, Suffolk and Westchester Counties: $975 per week.


 2) New York City (employers with ten (10) or fewer employees): $1,125 per week. 
3) Remainder of New York State: $885 per week. 

 For more information, see the following Minimum Wage Orders: Miscellaneous Industries and Occupations; Hospitality Industry. 


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Monday, December 30, 2019

Housing Discrimination Lawsuits and Damages

Andrew Lieb , Discrimination
Housing Discrimination Lawsuits and Damages
On 11/17/19 Newsday published "Long Island Divided" a report of the state of housing discrimination on Long Island.

Private discrimination lawsuits are about to flood the courts and suits can result in 6 to 7 figure awards. A discrimination plaintiff bringing a court proceeding will seek actual damages (direct for loss of housing and consequential of emotional distress for loss of dignity), punitive damages, statutory penalties, attorneys' fees and costs.

Read the full article by Andrew Lieb, Esq. published in The Suffolk Lawyer here. 


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Case Alert: Title Regulation 208 is Back - No More Wining and Dining Permitted - DFS Enforcement is Coming

compliance , enforcement
Case Alert: Title Regulation 208 is Back - No More Wining and Dining Permitted - DFS Enforcement is Coming
On December 26, 2019, the Appellate Division, First Department, reversed the Supreme Court and dismissed the New York State Land Title Association's challenge to Regulation 208.

Now, title insurance underwriters and their agents may not offer free meals and beverages, tickets to entertainment events, gifts, golf outings, parties, office supplies and the like as we had previously discussed in the November 2019 article, No More Title Insurance Bribes: Compliance Protocol needed at Every Title Insurance Agency. 

 The only aspects of Regulation 208 which remain annulled after this decision are the ancillary fees at 228.5 and the closer payment restrictions.

To understand the current title landscape, read our blog from January 19, 2019, Title Insurance Regulation 208 is Back - Soliciting Title Business is Seriously Restricted Yet Again.

Now, after the December 26 decision, the only possibilities that can change the new reality of the title insurance industry in New York are:

  • An application for leave to appeal to the Court of Appeals is made and granted, then, the matter is heard and reversed;
  • New regulations are issued by DFS; or
  • New legislation is enacted. 
Title insurance companies should immediately issue policy notices to their staff, conduct trainings and prepare for DFS enforcement. 


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