Spectrum 1 NY: NY AG To Review Issues Raised About George Santos. Analysis with Attorney Andrew Lieb.

NY AG To Review Issues Raised About George Santos. Legal Political Analysis with Attorney Andrew Lieb on Spectrum 1 NY.

FOX 5 NY: FTX's Bankman-Fried, Charged With 'Epic' Fraud. Legal Analysis With Attorney Andrew Lieb

Attorney Andrew Lieb appeared on Fox 5 NY discussing FTX Bankman-Fried charged with "epic" fraud and released on $250 bond. 

Throw Out Your Old Residential Lease Forms - New Law Alert

On June 21, 2023, all residential leases in NYS need to be updated to provide notice of the flood risk and flood history of the rental as well as what flood insurance is available to renters.

S5472A has created Real Property Law 231-b to create a right to know for renters when it comes to floods. 

Now, in addition to providing the history of flood damage at the premises and whether the rental is in a FEMA floodplain, special flood hazard area, or a moderate risk flood hazard area, landlords must include the following notice in all of their leases:

FLOOD INSURANCE IS AVAILABLE TO RENTERS  THROUGH  THE  FEDERAL

EMERGENCY  MANAGEMENT AGENCY'S (FEMA'S) NATIONAL FLOOD INSURANCE PROGRAM  (NFIP) TO COVER YOUR PERSONAL PROPERTY AND CONTENTS IN THE  EVENT  OF  A  FLOOD.  A  STANDARD  RENTER'S  INSURANCE POLICY DOES NOT TYPICALLY COVER  FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE  YOUR  POLICY  TO  DETERMINE  WHETHER YOU ARE COVERED.

 

Major Discrimination Update - NYS Human Rights Law Expanded to Prohibit Discrimination on Citizenship / Immigration Status

Citizenship Status and Immigration Status are now protected classes throughout the State of New York when it comes to discrimination in housing, public accommodations (commercial real estate), education, and employment.

Effective December 23, 2022, A6328A has amended the New York State Human Rights Law to protect a new group of New Yorkers, those who are subjected to different terms, conditions, and privileges based on their citizenship status and immigration status. It protects against discriminatory publications (i.e., advertising / statements). It protects from hostile environments. It is all encompassing to stop discrimination. 

According to the law, Citizenship or Immigration Status is defined to mean "the citizenship of any person or the immigration status of any person who is not a citizen of the United States."

Employers, landlords, and educational administrators may have a gut pushback to this law and wonder about issues it may cause for them if they are required to verify legal status as part of their business. Have no fear, the law permits verification and consequential adverse actions "where required by law." However, that does not mean that you can check status whenever you feel like it or believe the law requires it. Instead, it is incumbent upon any person who plans to verify status to first identify the legal basis for why status is required to be verified before doing anything. Otherwise, employers, landlords, and educational administrators should expect to be defending a lawsuit that can easily result in damages over six-figures.

 

All NYS Employers Must Disclose Compensation to Applicants and Employees - Equal Pay Lawsuit Coming

On December 21, 2022, the State caught up with New York City by passing a statewide mandatory compensation disclosure act, S9427A, which will be effective on September 17, 2023. 

The new law, Labor Law 194-b, requires that all employers and agencies only advertise a job, promotion, or transfer if they also provide the compensation or compensation range together with a job description.

While no job description is required if it does not exist, be warned that the law applies even if only a part of the job is to be performed in New York. 

Yet, that's all we know... FOR NOW.

However, there will be more because the Department of Labor is charged with promulgating additional rules and regulations. So, stay tuned. 

Hopefully, these rules will include a notice before violation provision where an employer can cure before being penalized like the City's version. 

The penalties are big - they are $1,000 for the first violation, $2,000 for the second, and $3,000 for subsequent violations. Nonetheless, the real risk is that it's conceivable that a court could find that one mistake could result in thousands of violations based on the number of positions available, applicants, and varying web aggregators that reproduce the job post.

That is all setting aside a company's real exposure. 

Now, employees are going to know if they have claims under the Equal Pay Act or if they've been otherwise discriminated in the terms of their employment. This is big!

FOX LiveNOW: Attorney Andrew Lieb on Jan 6 Committee, Charges Against Trump

Attorney Andrew Lieb joined LiveNOW from FOX to break-down the referrals from the Jan 6 Committee to the DOJ and why he thinks that the country is now ready for a criminal trial against Trump.