Amazon Flex Drivers: You Might Be Owed More Than You Think

Amazon’s “Flex” program promises freedom - work when you want, earn on your terms. But if you’ve ever driven for Flex, you probably know that the reality doesn’t match the marketing.

According to recent reports, Flex drivers are locked out of the app after working certain hours, penalized for late deliveries even when delays aren't their fault, and subjected to rigid performance metrics. The system tells you when and how to work. That’s not independence. This is control and control is the name of the game when it comes to the distinction between employment status and independent contractor status - think misclassification.

So, that kind of control that Amazon apparently has comes with legal consequences.

Here’s What That Means Legally

If Amazon is telling you when to work, how to perform, and punishing you for noncompliance, they may have misclassified you as an independent contractor when you should be treated as an employee, which gives you access to recover damages in the form of: 

• Unpaid wages and overtime plus liquidated damages and attorneys' fees

• Reimbursement for expenses (like gas and vehicle wear-and-tear)

• Other employee protections under wage and labor laws (employer contributions to health insurance, retirement, workers' compensation premiums, paid time off, etc.) 

Over 15,000 Flex drivers have already filed arbitration claims and reporting indicates that Amazon has lost most of them.

Why You Are Forced into Arbitration
Companies like Amazon often make workers agree to arbitration so they can't sue in open court or join class actions. It’s designed to keep things quiet and discourage claims. But it’s backfiring because thousands of drivers are taking action, one case at a time. And they’re winning.

Know Your Rights - Especially in New York
In New York, the State's Labor Law offers enhanced protections over the Federal Fair Labor Standards Act for misclassifications, including a 6 year statute of limitations rather than a 2 year. Moreover, if you can't prove a misclassification, New York gives freelancers (independent contractors) their own set of labor protections in the Freelance Isn’t Free Act (FIFA). Under FIFA, you have the right to a written contract with specific protective terms, timely payment, and protection from retaliation. If Amazon (or any company) fails to pay you properly or takes advantage of your contractor status, you can pursue legal action, depending on the facts.

Bottom Line
If you’ve worked for Amazon Flex or any gig platform and felt more like an employee than a business owner, you may have a case. The law protects workers from companies that try to cut corners by calling employees “independent contractors.”
You have rights. And at Lieb at Law, we’re here to help you enforce them.

How to Renew Your NY Real Estate License (Without Losing It)

Whether you're a seasoned broker or a first-time salesperson, renewing your New York real estate license is not optional — it's legally required. And if you’re not careful, one small mistake in the renewal process could leave you unlicensed, out of compliance with Article 12-A, and unable to collect commissions.

At Lieb School, we train thousands of real estate professionals every year to meet their continuing education (CE) requirements on time and with ease. As the legal educators behind Lieb at Law, P.C., we’re also keeping a close eye on compliance risks that can cost you your livelihood.

Here’s what the NY Department of State (DOS) wants every licensee to know for a smooth, penalty-free renewal.

✅ TIP: The #1 Mistake to Avoid

Quoted directly from the DOS:
“They need to renew online and make sure they answer ‘YES’ to the continuing education question. If they mistakenly answer ‘NO’, we will not renew their license until we see their original course completion certificates.”

So let’s be clear:
Always answer “YES” to the continuing education question — if you’ve completed your 22.5 hours. Otherwise, your license will be delayed or denied.

📝 How to Renew Your NY Real Estate License

Renewal is done 100% online via eAccessNY. Follow these steps:

1. Log in: Visit eAccessNY and log into your account.
2. Access Your License: From the main menu, click “List of Licenses” and select the license you wish to renew.
3. Click “Renew License”: If your broker or office affiliation has changed, your broker must update your sponsorship BEFORE you renew.
4. Answer the CE Question: Affirm that you completed your required CE — or risk rejection.
5. Submit Payment: Enter your credit card details and click Submit (once!). You’ll get a confirmation page — print or save it.

📩 What Happens Next?

A confirmation page means your application has been submitted, but not yet approved. You must check your license status in your eAccessNY portal under “Application Status Display.”

If it says “In Progress”, DOS is still reviewing your application. If anything is missing, they will notify you.

🚫 What If I Clicked "NO" by Mistake?

You’ll receive a rejection notice. To move forward, you must email original certificates of your CE course completions to the Bureau of Educational Standards, even if it was a mistake.

Avoid this mess by:

• Completing your CE well in advance
• Answering “YES” when asked about CE
• Saving your original certificates for at least two years (you may be audited)

📅 When Should I Renew?

You can renew 90 days (3 months) before your license expires. The expiration date is printed directly on your license, and reminders are sent via email and postcard.

⏳ Don’t wait: If your license expires and stays expired for 2 years, you’ll need to:

• Retake the state exam
• Reapply from scratch
• Pay all new fees

🎓 Learn With Lieb School

Need CE hours? Our fully online, on-demand CE packages are designed to satisfy ALL NY requirements — including:

• Fair Housing / Discrimination (3 hrs)
• Implicit Bias (2 hrs)
• Cultural Competency (2 hrs)
• Agency Law (1–2 hrs)
• Ethics (2.5 hrs)
• Legal Updates (1 hr)
• Electives from expert attorney instructors

📘 View CE Packages for NY Salesperson or Broker License Renewal »

⚖️ Questions About Legal Compliance?

If you're audited, face disciplinary action, or get into legal trouble due to a licensing issue, contact Lieb at Law, P.C. Our attorneys represent brokers and salespersons in DOS investigations, commission disputes, and real estate litigation throughout New York.

🔍 Learn About Our Real Estate Brokerage Law Services »

🏛 About Lieb School & Lieb at Law, P.C.

Lieb School is a New York Department of State-approved real estate school delivering practical legal education for license renewal. All instructors are licensed attorneys from Lieb at Law, P.C., a boutique law firm focused on real estate, employment, and discrimination litigation.

*attorney advertising

AI Just Won Big in Copyright Cases: What Happens Next?

A U.S. federal judge just handed artificial intelligence ("AI") one of its first big courtroom wins that will likely ripple through every major copyright case against AI companies.

In Bartz v. Anthropic, the court ruled that it is fair use to use legally purchased books to train an AI model. Judge Alsup called the use "quintessentially transformative," comparing teaching an AI how to write to a human reading a book to learn how to write. Since the AI wasn’t copying or republishing the books, just learning from them, he found it didn’t violate copyright laws. 

This is huge for the growth of AI models. However, a real terrible moment for authors, artists, and other creators who have been arguing that using their work, especially without permission, amounts to large-scale theft. 

This decision will shape the future, unless reversed on appeal. While Judge Alsup's ruling is not binding on other courts across the U.S., every founder, judge, and lawyer working on AI copyright issues needs to take notice.

To be clear, Judge Alsup's ruling doesn’t give AI companies a free pass. He has also allowed a separate claim to move forward about allegedly using pirated books for training. As a result, the how and where data comes from still matters.

Workday Lawsuit Proves Discrimination Risk: Audit Your AI Now

Well, here it is, a federal judge just let a discrimination lawsuit move forward against Workday, the tech giant behind hiring software used by over 10,000 companies. Who is the plaintiff? A Black man over 40 with anxiety and depression who says he was auto-rejected more than 100 times by companies using Workday's AI.

He alleges the algorithm itself is biased, filtering out applicants based on race, age, and disability. This isn't just speculation, and he argues that it is supported by studies, which have shown AI hiring tools regularly replicate the same discrimination humans are supposed to avoid.

In July 2024, we blogged about New York’s DFS warning insurers, if you’re using AI and third-party tools, you’re responsible for making sure they don’t discriminate. That means audits, transparency, and clear legal accountability, even if the tool wasn’t built in-house.

In the New York Law Journal, we outlined exactly what a proper AI audit looks like, because when the lawsuits come, and they are coming, ignorance isn’t a defense, but a proper audit and intervention are very good defenses.

Workday says it “opposes discrimination.” Great. But denying wrongdoing doesn’t stop a lawsuit from moving forward, or a reputation from unraveling. If you’re using AI in hiring or other decision-making, the Workday case is a giant red flag. Start auditing NOW.

If your software is doing the sorting, you better know how it’s doing it, and who it’s leaving out.

So here’s the question: Have you audited your AI tools yet? 

New Proposed Discrimination Complaint Filing and Investigation Procedure - The Text

On June 18, 2025, we wrote about "New Discrimination Complaint Filing and Investigation Procedure in NYS Proposed by Division of Human Rights."

At that time, we didn't have the proposed regulatory text - now we have it. It's 9 pages long so we won't give you it all, but here is the most interesting outtakes (underlines are additions and brackets are deletions):

• 465.2 Service of papers. Determinations, notice of hearing, complaints, respondents' answers, and division decisions, findings of fact and orders shall be served by personal service [or registered or certified mail, or ordinary], first class mail, email or other appropriate electronic means. [However, where a nonresident person or foreign corporation is charged with violating any provision of the law by virtue of the provisions of section 298-a thereof, the complaint and notice of hearing shall be served only by personal service or by registered mail, return receipt requested, directed to such person or corporation at the last known place of residence or business.] - this is interesting because lawsuits don't permit service by email, but now administrative proceedings permit it without advance order of the administrative law judge. 

• 465.3 Complaint. 
• (a) Who may file:
• (2) an organization claiming to have suffered an injury because of alleged unlawful discriminatory practice(s) or whose members, clients or those they represent have suffered an injury because of such practice(s); - this is interesting because it gives standing to organizations whose members or clients have suffered an injury (think non-profit community organizations). 
• [(4) Any complaint filed in accordance with paragraph (1), (2), or (3) of this subdivision may be filed on behalf of a class of persons similarly situated.] - this is interesting because it eliminates class actions.
• (b) Form. 
• [(e)] (d) Time of Filing. The complaint must be filed within [one year from the date of the occurrence of the alleged unlawful discriminatory practice] three years from the date of the occurrence of the alleged unlawful discriminatory practice (or within one year for alleged sexual harassment in employment occurring prior to August 12, 2020, or for any other alleged discrimination occurring prior to February 15, 2024). If the alleged unlawful discriminatory practice is of a continuing nature, the date of its occurrence shall be deemed to be any date subsequent to its inception, up to and including the date of its cessation. - this is interesting because it acknowledges the different times that the statute of limitations was expanded, first for sexual harassment and then, for every other protected class, but expressly does not provide retroactivity. 
• [(f)](e) Manner of filing. [The complaint may be filed by personal delivery, ordinary mail, registered mail or certified mail, addressed to any of the division's offices.]
• (1) Reporting discrimination. Prior to filing a complaint, a complainant must provide information and documentation to support the allegations of discrimination to the division. The information must be submitted on a form promulgated by the division.
• (i) Online. The division form may be submitted online through the division’s portal which can be accessed on the division website. The user will be prompted to fill out the web-based form.
• (ii) By Telephone. A division form may be submitted by telephone through the division’s call center. A representative will assist the caller by taking in necessary information and reducing the information to writing utilizing the division’s web-based form.
• (iii) In the discretion of the division, reports of discrimination received via other means may be accepted as submitted.
• (iv) The submission of a division form or other report of discrimination does not constitute the filing of a complaint of discrimination. 
• (2 ) The division will review the submitted form. The division may make corrections for formatting, jurisdictional or other requirements or request additional information or documentation.
• (3 ) After review and any corrections, the information contained in the approved form will become the complaint. The division will return the complaint to the complainant for verification and filing with the division. 
• (4 ) A complaint will be deemed filed once it has been verified, submitted and received by the division. - this is going to be an unmitigated disaster because the complaint is jurisdictional and must be filed within the time periods set forth above (generally 3 years), but now this requires the Division to act before the complaint can be filed and there are going to be many cases dismissed based on this gap on waiting for the Division to act; anyone who works with DHR knows that they are overwhelmed and this will take time, lots of time. 

As a reminder, comments are permissible on or before August 17, 2025 to Erin Sobkowski, Division of Human Rights, 350 Main St., 10th Fl., Suite 1000B, Buffalo, New York 14202, (716) 847-7679, email: Erin.Sobkowski@dhr.ny.gov