Real Tips HR: How to fire an ugly employee (episode 7)

Everything employers need to know about firing an ugly employee.

Federal Preemption of State Banking Laws — Are Mortgages and Foreclosures Ripe for Federal Regulation?

Foreclosure laws vary drastically between the states. A recent decision from the Ninth Circuit Court of Appeals questions whether national banks can rely upon regulations and guidance from the Office of the Comptroller of the Currency when deciding whether local state law governs. Dennis Valet, Esq., examines whether Congress will step in to regulate a fractured banking system filled with contradicting state laws in order to give national banks the certainty they need to operate in multiple jurisdictions.

Read the full article published in The Suffolk Lawyer here. 

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."