Andrew Lieb, Esq. announces exciting news about Lieb at Law, P.C.'s expansion including opening up a 40 seat compliance training center.
Tuesday, May 01, 2018
Monday, April 30, 2018
A licensee (salesperson or broker) can renew their license anytime within two years of the expiration date. Of course they cannot use the license once it is expired, but they do have two years to renew it before any penalties are imposed.
If the license is expired and has not been expired for over two years, they can renew the license online as long as there is a broker of record in place and they have completed the required continuing education. If they were terminated/cancelled by their previous broker, a broker must pick them up using the brokers eAccess account before they can submit an online renewal.
If the license has been expired for over two years, the record becomes null and void. At this point the licensee must retake and pass the NY licensing examination and can then reapply for a license. No continuing education is required to reapply as they are starting over. No qualifying education is required as long as they have a record in the Department of State system or can prove that they were previously issued a license.
Wednesday, April 25, 2018
As of April 12, 2018, companies in the State of New York are now exposed to liability for harassment of independent contractors in the workplace. The text of the new law can be found here. The New York State Human Rights Law previously only protected employees from sexual harassment. While the statute does not specify whether companies can be held liable for acts of their independent contractors who sexually harass other independent contractors, the statute does state that when determining whether a company is liable for the acts of the harasser, the “extent of the employer’s control and any other legal responsibility which the employer may have with respect to the conduct of the harasser” should be considered. This language appears to imply that companies such as real estate brokerages which subject independent contractors to substantial supervision (as required by 19 NYCRR §175.21(a) and Real Property Law §441(1)(d )), would be exposed to liability for all acts of harassment committed by their independent contractors. It is thus imperative that brokerage firms immediately implement sexual harassment policies and trainings for their independent contractors in addition to their employees to mitigate potential exposure.
