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 additional penalties for failure to withhold applicable taxes, pay workers compensation and unemployment insurance.

Learn what happens when employers self-classify workers as independent contractors and issue them a 1099.

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

Andrew Lieb, Esq. and Mordy Yankovich Esq. explain the line between an independent contractor and an employee and what happens when you get it wrong. Employers, learn when to get an Attorney involved when facing a payroll audit. Advising a CPA is just not enough. Learn your exposure.

Andrew Lieb, Esq. and Mordy Yankovich, Esq. clarify what employers need to know about the new NYS and NYC laws requiring sexual harassment prevention training.

Watch this clip and learn about your responsibilities and exposure.

Employers who are seeking to purchase sexual harassment prevention training and policies in compliance with the new New York State and New York City sexual harassment laws must be mindful that some vendors are offering trainings that are not compliant with the new laws.

The New York State law (Section 201-g of the N.Y. Labor Law), which took effect on October 9, 2018, requires that all employers issue a sexual harassment prevention policy that meet minimum requirements including but not limited to establishing a procedure, specifically tailored to each individual employer, for timely investigation of all complaints and issuing a complaint form. 

Therefore - if a company is claiming they can offer a uniform training for any employee to take - be mindful that employers must have a sexual harassment prevention policy and complaint form that specifically shows the employee how to make a complaint and whom to make a complaint to and the information must be including in the training. In the NYS model training, it states: "The training should detail any internal process employees are encouraged to use to complain and include the contact information for the specific name(s) and office(s) with which employees alleging harassment should file their complaints."

The NYS law also requires annual training for all employees (and training for new employees within a reasonable time after hiring). The training must be interactive and must include; 1) an explanation of sexual harassment consistent with guidance issued by the Department of Labor; 2) examples of conduct that constitute unlawful harassment; 3) information regarding the specific state and federal statutory provision concerning sexual harassment and the remedies available to victims of sexual harassment; 4) information regarding employees' rights of redress and remedies available to victims; 5) information regarding conduct responsibilities of supervisors.

The New York City law (Local Law 96), effective April 1, 2019, requires employers with fifteen (15) or more employees to conduct annual training which must be interactive and must include, among other requirements, the employer's specific process for addressing sexual harassment complaints, information concerning bystander intervention and the specific responsibilities of managers and supervisors to address complaints of harassment. In addition, the NYC law requires that employers obtained signed acknowledgment from employees that they attended the training.

While not required, policies and trainings should also address other forms of harassment and discrimination (i.e. race and age), to minimize exposure to potential lawsuits against the employer.

It is imperative that employers choose a vendor who is offering trainings and policies in strict compliance to these new laws to avoid unnecessary penalties and exposure to lawsuits.

Lieb Compliance offers a fully compliant training package including a compliant sexual harassment prevention policy, complaint form and interactive training.

Now that 2019 is here it is important to be aware of the changes in the law for our industry. This is not a list about the best events from 2018, but, instead, a list that highlights the new legal landscape that you face as real estate attorneys in 2019. Being familiar with these laws, cases and rules may help you to better address your client’s goals and to make you money while helping you to avoid malpractice.