LIEB BLOG

Legal Analysts

Friday, January 31, 2020

Employers Exposure When Firing a Pregnant Employee

Andrew Lieb , employment discrimination
Employers Exposure When Firing a Pregnant Employee
Attorneys Andrew Lieb and Mordy Yankovich share tips for employers who want to fire a pregnant employee due to employment issues. Learn how the exposure can be over 6 figures and what employers need to do to protect themselves from a lawsuit.





Learn more about the employment attorney in this video


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Monday, January 27, 2020

RE Brokers Paying Lawyers is a No-No

leases , lieb at law
RE Brokers Paying Lawyers is a No-No
For a long time, real estate brokers on Long Island drafted leases for their clients, the landlords. As time passed, these brokers became educated about the illegality of this act and decided to stop committing a felony or being subject to having their license revoked. However, real estate brokers often couldn’t help themselves. They needed to connive another scheme to have the leases drafted for them, rather than simply referring their clients to attorneys as the law required. So, many real estate brokers have found unethical attorneys to draft their leases while the brokers pay such attorneys directly while controlling the representation. Simply, these attorneys are answerable to the broker, not the client.

This article by Andrew Lieb, Esq. published in The Suffolk Lawyer discusses how the unethical attorneys should be checking their mailbox for a letter from grievance.



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Thursday, January 23, 2020

Real Tips HR: Non-Compete Agreements & Exposure

Andrew Lieb , Employment Law
Real Tips HR: Non-Compete Agreements & Exposure
As the NYC tech scene keeps getting bigger and bigger, we are seeing more and more employees trying to get poached from one company to another. They are getting thrown oodles of money to leave their jobs. Attorneys Andrew Lieb and Mordy Yankovich share tips on what employees should know when switching jobs when they signed non-compete agreements. Learn what is enforceable and what type of exposure employees and new employers face.

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Monday, January 20, 2020

New Law: Independent Contractors in NYC are Protected Against Discrimination and Must be Trained

#metoo , Discrimination
New Law: Independent Contractors in NYC are Protected Against Discrimination and Must be Trained
Effective January 11, 2020, independent contractors in New York City are protected from discrimination or harassment in the workplace and can sue under the New York City Human Rights Law (New York State Human Rights Law already protects independent contractors). In addition, independent contractors in NYC now have a right to request and receive a reasonable accommodation related to their disability, religious observance, etc.

Because independent contractors are protected under the New York City Human Rights Law, companies in NYC with 15 or more employees are now required to provide annual sexual harassment prevention training to independent contractors (It was previously encouraged). Companies must modify their policies and training materials/procedures accordingly. Training under the NYC Human Rights Law must be completed by April 1, 2020.


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Eye on Real Estate Q&A: Co-op Disapproval of Sale and Suing the Board

bad faith , business judgment rule
Eye on Real Estate Q&A: Co-op Disapproval of Sale and Suing the Board
On this week's episode of Eye on Real Estate, January 18, 2020, we were asked about suing a cooperative board for refusing a sale by creating an absolute floor price, which unit owners had to obtain in order to sell units to third-party purchasers.

 Initially, we discussed the business judgment rule, which generally protects boards from lawsuits as long as the board acted in good faith and in accordance with it's power. 

 However, there can be a case against the board where the board created an absolute floor price in bad faith or if the board created the absolute floor price beyond its powers as set forth in the bylaws. 

 As the courts explain, the test is whether the board's floor is "a provision merely postponing sale during the option period," which is permissible or, if it is, instead, "an effective prohibition against transferability itself," which is impermissible. 

 So, if you are being blocked on price, consider a lawsuit after you obtain and review the bylaws. 

 For a great explanation of this issue, see Oakley v. Longview Owners, Inc.


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