Sexual Harassment & Assault Claims can be Brought by victims as Class Actions in Court

Victims of sexual harassment and sexual assault can now proceed in a class action, with other victims, and can also litigate their case in court, individually or collectively, regardless of having previously executed an arbitration agreement. 

This is really important because powerful companies have traditionally forced their employees and independent contractors to sign predispute joint-action waivers, which prevent victims from bringing joint, class, or collective actions against those companies for sexual harassment and sexual assault. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 invalidated such waivers. Now, victims can work collectively and take on powerful companies in court in the same way that a union equalizes employee bargaining power at the proverbial negotiating table.

The Act also invalidates mandatory arbitration agreements, which heavily favor companies who regularly pay the same arbitrators, know their rules, have relationships, and win a vast majority of the time.

To learn more about this new law, here is an audio recording of my appearance on The Jay Oliver Show explaining the importance of the law right after it was passed by the Senate. To be clear, the recording misstates the law's effectiveness to past claims. The law only applies to claims that "arise[] or accrue[] on or after the date of enactment," which was March 2, 2022. 

 

New Statute Defines RE Brokerage CE Course on Cultural Competency, BUT... Discrimination?

On December 22, 2022, we told you about a new real estate continuing education course requirement on cultural competency and explained that we sought guidance from the Bill Sponsor, James Gaughran, on what was envisioned to be taught under this topic. 

Now, there is a new law that defined cultural competency as "understanding cultural norms, preferences and challenges within our diverse communities."

However, here is the million dollar question - How does this understanding translate into practice where a real estate broker / salesperson cannot change their practice based on their understanding of such cultural norms, preferences and challenges because if they do, they will have engaged in actionable real estate discrimination? 

Anyone? 

New RE Brokerage Law: NYS Funding For Fair Housing Testing Efforts is Updated

On December 10, 2021, we told you about another initiative by New York State to combat discrimination in real estate where, effective as of December 21, 2021, a $30 fee has been added for real estate broker / salespersons licenses to cover the costs of the Attorney General to fund fair housing testing throughout NYS. 

Now that law has been changed to "clarify provisions concerning the disposition of surcharges collected by the department of state on licenses for real estate professionals."

Rather than the surcharge being "payable to the office of the attorney general," now, it is required to be "deposited into the anti-discrimination in housing fund."

This change is effective as of March 26, 2022. 

Lieb at Law Seeks Competitive Litigator to Join Team

Lieb at Law, P.C. wants a competitive litigator to join our team. We serve a blend of top-tier corporate clients and high-net worth individuals in complex litigation and ancillary services. We need a resourceful, analytic, problem solver to help keep our win-rate high. Our practice focuses on litigating real estate and employment issues, but we also touch on estates and injuries. Our culture starts and ends with being on the cutting-edge of the law. This job will include client management, drafting all litigation documents, appearing in court, and more. We want someone who knows that they are more than their current position permits. The sky's the limit.

Resumes to careers@liebatlaw.com 

Desired qualifications:

• 2+ years litigation experience;
• Strategic;
• Experience drafting complex motions;
• Proficient in legal research;
• Must excel in a paperless office;
• Dedicated, organized and detail-oriented; &
• Ability to leverage substance rather than emotion.

The firm’s practice areas include:

• Litigation: Employment Litigation, Discrimination Litigation, Commercial Litigation, Real Estate Litigation, Real Estate Brokerage Litigation, Title Litigation, Plaintiff Personal Injury, Landlord/Tenant, Estate Litigation & more.
• 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.
• Legal Compliance for Regulated Industries: Outside Compliance Counsel for regulated professions, Policy Drafting, Policy Implementation, Auditing, Corporate Compliance Trainings.
• Transactions: Commercial and Residential Real Estate Purchase and Lease Transactions, Business Transactions & Negotiations.

10 reasons to work at Lieb at Law:

1. Growth – we are expanding and have tremendous opportunities for you to grow your career

2. Prestige – our attorneys are quoted in newspapers and interviewed on TV / radio; we provide opportunities to teach continuing education to brokers and attorneys

3. Fun – we have a ping-pong table, a BBQ committee, and staff that truly like each other

4. DEI – we don’t just have it internally, but focus our practice on employment and housing discrimination trainings and litigation so that we can help other business bring equity and inclusion into their realms as well

5. Technology – we leverage cloud-based / cutting-edge case management, task management, document generation, and more

6. Media – we have a PR team on retainer, host a weekly podcast, have our own studio, and we want you to be a part of that too

7. Business Differentiator – we own and operate a NYS licensed real estate school with over 10,000 students and countless courses on all fields of real estate law

8. Support – we own a licensed school so clearly, we know how to teach you; not only can we teach you, but we make learning easy because we operate with open doors in a collaborative environment and your success is our goal

9. Life Balance – work hours and billing requirements are reasonable and flexible so that you can have a life outside of the office

10. Respect – you are important, and we will treat you as an equal, not a subordinate

About Lieb at Law, P.C.:

Lieb at Law, P.C. offers legal services with a focus on litigation, discrimination, employment, and real estate. Additional practice areas include real estate brokerage, title disputes, contractual / commercial litigation, landlord / tenant, estate litigation, mortgage foreclosure, surrogate’s court litigation, plaintiff's personal injury / premises liability, land use / zoning, business and real estate transactions. Attorneys at Lieb at Law, P.C. are admitted to practice law in New York, New Jersey, Connecticut, and Colorado while also practicing in the Federal Courts.

The firm is a substance-first law firm where self-confidence, grit, and skill is celebrated and rewarded.

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.

We are media legal analysts who appear on TV / radio nationwide. We teach the law that we practice, in continuing education and corporate trainings, so we force ourselves to always stay on the cutting edge of new statutes, regulations, and cases. Lieb at Law is a modern law firm that is at the vanguard of the profession.

Resumes to careers@liebatlaw.com 

New York Establishes Office of the Advocate for People with Disabilities

New law establishes Office of the Advocate for People with Disabilities. The Office assures that disabled people are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of New York.

Operating under the Department of State, the Office shall advise and assist state agencies in developing policies designed to help meet the needs of the disabled by:

• Coordinating the implementation of the Americans with Disabilities Act;
• Ensuring that state programs do not discriminate against disabled people; 
• Ensuring that programs provide appropriate services for disabled individuals; and 
• Working with state agencies to develop legislation and potential regulatory changes.

The Office will be headed by a Director, appointed by the Governor. 

Landlords should be actively removing barriers to access so that this new Advocate doesn't bring suit against them for violations of the Americans with Disabilities Act (ADA).