Misclassification of Employees as Independent Contractors: A Costly Mistake

Misclassifying an employee as an independent contractor can be devastating to an employer. Employers can potentially be liable for back wages, overtime pay, liquidated damages, attorneys’ fees and stark penalties for failure to withhold applicable taxes, pay workers compensation and unemployment insurance. Learn how to avoid significant financial consequences prior to classifying them as independent contractors.

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

Doing Business with HUD - Handbook Released

HUD issued the revised FHA Single Family Housing Policy Handbook on March 27, 2019. Updates are set forth on pages 2-17.

This Handbook details the requirements to do business with the Federal Housing Administration from origination to servicing and loss mitigation together with claims and enforcement.

While the document is primarily for mortgage lenders, real estate brokers who do business with HUD should review pages 102 and 964, as the Handbook details certification, recertification and enforcement.

Lieb Compliance Now Offers Sexual Harassment Prevention Training in Spanish

Every employer in New York State is required to provide employees with annual sexual harassment prevention trainings. New York City employers must provide employees AND independent contractors with sexual harassment prevention trainings.

Lieb Compliance now offers online interactive trainings in English and Spanish that are in full compliance with NYS and NYC Labor Laws.

To learn more visit: www.discriminationpreventiontraining.com 

Corporate Compliance Requires Up to Date Trainings - Per the Department of Justice

The Criminal Division of the US Department of Justice recently updated its guidance document for the "Evaluation of Corporate Compliance Programs."

Does your company's compliance program satisfy the guidance - get a compliance audit to find out ASAP.

To satisfy the guidance, your company needs to:

• Address risk assessment, including constant updates and revisions; 
• Offer accessible policies and procedures;
• Train and communicate;
• Investigate with a confidential reporting structure; 
• Address / train / evaluate its third-party partners, like agents, consultants, and distributors; and
• Evaluate targets' exposure before merging or acquiring.

This guidance particularly matters because " United States Sentencing Guidelines advise that consideration be given to whether the corporation had in place at the time of the misconduct an effective compliance program for purposes of calculating the appropriate organizational criminal fine."

NYC Outlaws Discrimination on the Basis of an Employee's "Sexual and Reproductive Health Decisions"

New York City has added yet another protected class to its human rights law. Effective May 20, 2019, NYC will prohibit employment discrimination based on an employee's "sexual and reproductive health decisions" which is defined as "any decision by an individual to receive services ... relating to sexual and reproductive health." Such services include but are not limited to:

1. Fertility-related medical procedures
2. Sexually transmitted disease prevention, testing and treatment
3. Family planning and counseling, i.e. birth control drugs, emergency contraception, sterilization procedures, pregnancy testing and abortion.

The text of the new law can be found here. All NYC employers should review and revise their internal policies prior to May 20, 2019 to limit exposure under this new law.

NYS Sexual Harassment Training may become NYS Discrimination Training

By Assembly Bill A5976, which has passed the NYS Assembly, sexual harassment trainings are going to become discrimination trainings in the near term - all protected classes, not just sex. As the Senate and the Governor are also in the same political party as the Assembly, it is expected to become law. Stay tuned.