Harassment Law Game Changer - HR's Sample Notice to Employees

Attention Business Owners and HR

Lieb Compliance has solved your immediate need to protect your company against the new NYS Workplace Harassment Standard - see below.

Alert: Workplace harassment / discrimination standard reduced to permit claims for acts only rising above "petty slights" or "trivial inconveniences."

Act Now: You must act swiftly to advise your teams that absolutely no conversations, pictures or actions will be allowed that are related to anyone's demographics (age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, and religion)

To Do: Send this email to your team NOW!

"To Our Team:

As you are aware, this company firmly believes that discrimination and harassment is contrary to the values we promote in the workplace and is detrimental to our success as a company. With the passing of new laws in New York State strengthening anti-discrimination and anti-harassment protections, we are taking this opportunity to reiterate our zero tolerance policy to harassment and discrimination in the workplace. Any acts or comments that you may think are trivial inconveniences or petty slights, but may be perceived by an employee to be based on or related to his or her demographics (i.e., age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, and religion) will not be tolerated.

You are our "first line of defense" and must take proactive roles in ensuring that our work environment remains free of discrimination and harassment. If  you think an employee may perceive a comment or act - even if it is isolated - to be related to his or her demographics, you should refrain from making such comment or taking such action. In addition, if you witness such conduct or are informed that such conduct occurred, you should immediately report the conduct to your boss, manager, HR team or business owner. Upon receiving your report, an investigation will be conducted promptly and any and all corrective action will ensue.

We are currently in the process of updating our formal policies and workplace discrimination trainings in light of the new law and we anticipate circulating such policies and conducting updated training for all employees in the near future. If you have any questions related to our anti-discrimination or anti-harassment policy you are encouraged to contact your boss or HR. Thank you for your continued partnership in keeping our workplace void of discrimination and harassment.

Again, we need you to keep our workplace free from harassment and discrimination."

Note: This is sample language meant to be a general notice to be distributed to employees in the workplace and is not intended to address any specific situations in the workplace. Any such situations or questions should be directed to employment counsel.

Visit discriminationpreventiontraining.com to keep your company safe from discrimination claims while maintaining a safe workplace for all.

Breaking News - Workplace Anti-Discrimination Laws Updated in NYS

Attention Employers and HR!!!!

A08421 has passed both houses and is headed to the Governor to change discrimination laws in NYS forever.

The legislation does the following:

• Changes the severe or pervasive standard of harassment to a very low standard of more than petty slights or trivial inconveniences;

• Eliminates part of the Faragher/Ellerth affirmative defense to a lawsuit by making the fact that the employee did not make a complaint about the harassment to the employer not determinative as to liability;

• Extends protection for non-employees in the workplace to all protected classes;

• Allows courts to award attorney's fees on all claims of employment discrimination, and allow for punitive damages in employment discrimination cases against private employers;

• Provide that the Human Rights Law is to be construed liberally for remedial purposes, regardless of how federal laws have been construed;

• Prohibit mandatory arbitration clauses for discrimination claims;

• Prohibit non-disclosure agreements in any settlement for a claim of discrimination, unless it's the complainant's preference;

• Provide that any term or condition in a non-disclosure agreement is void if it prohibits the complainant from initiating or participating in an agency investigation or disclosing facts necessary to receive public benefits;

• Require that employees be notified that non-disclosure agreements in employment contracts cannot prevent them from talking to the police, the Equal Employment Opportunity Commission (EEOC), the State Division of Human Rights or a similar local entity, or a lawyer;

• Extend the authority of the Attorney General to prosecute certain civil and criminal cases of discrimination against all protected classes;

• Require the Department of Labor and the Division of Human Rights to evaluate the impact of the model sexual harassment prevention policy every four years and update the policy as needed;

• Require any term or condition in a non-disclosure agreement be provided in writing to all parties, in plain English and the primary language of the complainant;

• Require the commissioner of the Labor Department to prepare templates of the model policy in languages other than English;

• Require every employer to provide employees with their sexual harassment policy in English or their primary language when they are hired and during training; and

• Extend the statute of limitations to file a sexual harassment complaint with the Division of Human Rights from one year to three years.

Visit discriminationpreventiontraining.com to keep your company safe from discrimination claims while maintaining a safe workplace for all.

Are attorneys' fees still available to a residential landlord in an eviction proceeding?

On June 14, 2019, rental laws throughout the state were changed forever. We will be updating our network in the weeks ahead of those changes. In the interim, we pose the question - Are attorneys' fees still available to a residential landlord in an eviction proceeding?

Sometimes when lots of laws get changed all at once there emerge errors in draftsmanship, which create litigation events to clarify the meaning of the laws. When it comes to attorneys' fees for a landlord, a conflict has emerged in the language of the new laws.

On the one hand, new RPL §702 states: Rent in a residential dwelling. In a proceeding relating to a residential dwelling or housing accommodation, the term "rent" shall mean the monthly or weekly amount charged in consideration for the use and occupation of a dwelling pursuant to a written or oral rental agreement. No fees, charges or penalties other than rent may be sought in a summary proceeding pursuant to this article, notwithstanding any language to the contrary in any lease or rental agreement.

On the other hand, amended RPL §234 states, in new language, that "[a] landlord may not recover attorneys' fees upon a default judgment." 

As such, RPL §234 implicitly recognizes the availability of attorneys' fee for a litigated summary proceeding. However, RPL §702 provides that no fees may be sought except for rent. Attorneys' fees are by their very nature a fee and hence the conflict. 

Ironically, the limitation on landlords' ability to recover attorneys' fees in a default judgment may be the basis that there ability to recover attorneys' fee in a litigated matter remains after the amended laws. However, only a Judge can decide this one and we will watch to see how the courts resolve the issue.

Loan Officer Compliance Trainings Needed for HMDA Data

Loan Officers (LOs) frequently have issues collecting and entering applicant information on their electronic systems, which results in a denial of the loan. These issues occur when customers don't want to provide the information. At all costs, LOs seek to avoid a loan denial. As a result, LOs often develop strategies to fudge information, as a workaround, so that they can close their loans. These workarounds are often spearheaded by management at structured LO meetings. The LOs and managers know that without fudging the data, their system will hard stop the file and kill their loans. This is a non-starter for one with a broker's mindset.

Lenders - the Consumer Financial Protection Burea (CFPB) recently gave a $1.75 million reminder as to why lenders cannot fudge the data and need a compliance plan, in place, to avoid their LOs and managers from fudging the data. This $1.75 million civil penalty occurred by way of settlement In the Matter of Freedom Mortgage Corporation case.

The Freedom Mortgage Corporation case concerned LOs fudging information required by HMDA and Regulation C where such LOs selected non-Hispanic white when consumers refused to provide their race, ethnicity, and sex.

Interestingly, a compliance plan would have avoided this civil penalty because the applicable regulation permits lenders to report that the applicant did not provide the information and the loan can close. Had there been a compliance plan in place, Freedom Mortgage Corporation would have $1.75 million more today. In fact, CFPB ordered the lender to "develop, implement, and maintain policies, procedures, and internal controls to ensure compliance with data collection, recording, and reporting requirements set forth in HMDA and Regulation C." Additionally, trainings were required by CFPB.

Lenders - you need a compliance company to create policies and train your LOs before you get hit with a case by CFPB.

No More Straws at Suffolk County Restaurants

Effective January 1, 2020, Suffolk County restaurants, grocery stores, supermarkets, and convenience stores are only allowed to provide paper / food straws (biodegradable and/or backyard compostable single-use beverage straws or stirrers) to consumers and you don’t get them unless you request them.

These restrictions are pursuant to L.L. No. 20-2019 or §700-13 et seq. of the Suffolk County Code.

There are exceptions though - straws are still allowed for prepackaged individual serving beverages with a small plastic straw included such as juice or milk boxes and pouches. Straws may also still be provided with drinks purchased at a drive through window or self-service beverage station provided that it is biodegradable and/or backyard compostable. Lastly, consumers with a disability or medical condition may still request a plastic or other non-biodegradable straw or stirrer.

Violations are subject to a civil penalty of $100 for the first violation, $200 for any second violation occurring within 12 months of the first violation, and $400 for any third or subsequent violations within 12 months of a prior violation. Each day a violation occurs is a separate and distinct offense.

Condo owners can access adjoining units to perform construction

Ever need to modify the pipes in your condo unit only to be denied access by your downstairs neighbor?

Those where the facts in the case of Marina Vornon and George Argiris v. Board of Managers of the Newswalk Condominium, et al. where the court granted such access.

This is the first time that a right to a construction license was granted in the condominium setting pursuant to RPAPL 881.

Moving forward, if you have a problem with your neighbor while performing condo construction, know that you have rights of access and if you can't negotiate those rights, a court can grant them to you in the form of a license.

Boards - take notice - knowing the law can avoid costly lawsuits.