LIEB BLOG

Legal Analysts

Wednesday, January 15, 2020

Real Estate Brokers - Guess the Pass Rate on the Salesperson Exam from 9/17/19 to 12/16/19

Tuesday, January 14, 2020

Real Estate Brokers - Guess How Many License Complaints DOS Received from 9/17/19 to 12/16/19

248 in 3 months

According to the Board of Real Estate Meeting

Of which DOS:

  • 121 closed
  • 2 withdrawan
  • 2 duplicates
  • 19 civil matter
  • 9 resolved
  • 8 no violation
  • 24 no jurisdiction
  • 11 insufficient evidence
  • 43 were holds placed on licensee's record to address brefore renew
  • 6 were referred to counsel for a hearing
Lieb School - where the law is followed

Real Tips HR: Restaurants Stealing Tips From Waitstaff

Restaurant tips are often illegally withheld from waitstaff. Attorneys Andrew Lieb and Mordy Yankovich discuss employer's liability and exposure to wage and hour disputes plus best practices for restaurants to avoid being named in a class action with astronomical damages.




Friday, January 10, 2020

New Law: Mortgage Forgiveness Debt Relief Act Extended to 1/1/2021

On December 20, 2019, Public Law No: 116-94 extended 26 USC 108(a)(1)(E) to 1/1/2021. 

According to the IRS, this law "allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualify for this relief."

Short sales, modifications with debt forgiveness, and deeds in lieu of foreclosure are now viable options for many more distressed homeowners for the remainder of 2020.

Thursday, January 09, 2020

Real Tips Real Estate: Closing Dates

A highly popular question in the transactional area of law. Does "on or about" or "on or before" mean on that date, around that date, within 30 days of that date? How can a buyer or seller plan for the closing date? Andrew Lieb, Esq explains what these terms mean and how to set expectations for buyers and sellers in this 3 minute clip.



Monday, January 06, 2020

New Law: Nuisance Call Act - RE Brokers Be Warned - Telemarketers Must Give a Warning to Avoid Heavy Fines

On December 6, 2019, S4777, the Nuisance Call Act, became law and telemarketers must now give specific information to customers starting on March 5, 2020, the effective date of the law, or face heavy fines.

Under the Nuisance Call Act, General Business Law section 399-z now requires that a "telemarketer or seller [] inform[s] the customer that he or she may request that his or her telephone number be added to the seller's entity specific do-not-call list" where the telemarketer must immediately end the call if the customer so elects.

This is serious - fines can be up to $11,000 per violation if you fail to give this information.

Real Estate Brokers must advise all of their associated Real Estate Salespersons immediately and train their teams. In fact, a defense to a fine includes that "the person has trained his or her personnel in the requirements of this section."

Get your training today at Lieb Compliance, LLC.

Thursday, January 02, 2020

2019 Year in Review: Andrew Lieb, Esq., Lieb at Law, P.C.

REAL ESTATE & LAW: A LOOK BACK AT 2019 AND A LOOK AHEAD

Employers May be Exposed to a Sex Discrimination Lawsuit From...an Alleged Harasser?

In this “Me Too” era, it is logical that an employer’s reflexive reaction to receiving a complaint of harassment from a female employee is to immediately fire the alleged male harasser. However, while the employer may believe that firing the male employee will protect the employer from a lawsuit by the female employee, such impulsive action without a thorough unbiased investigation may expose the employer to a sex discrimination lawsuit filed by . . . the alleged male perpetrator. 

Read the full article by Mordy Yankovich, Esq. published in the Suffolk Lawyer here. 


Reminder for Employers: Minimum Wage Rates and Salary Threshold for Overtime Exemptions Increased as of December 31, 2019

Effective December 31, 2019, the minimum wage increased throughout New York State as follows:

1) Nassau, Suffolk and Westchester Counties: $13 per hour.
2) New York City (employers with ten (10) or fewer employees): $15 per hour. 
3) Remainder of New York State: $11.80 per hour.
4) Fast Food Employees Outside of New York City: $13.75 per hour.


In addition, effective December 31, 2019, the salary threshold for employees to qualify under the Executive and Administrative Exemptions (i.e. not entitled to overtime compensation) increased as follows:
1) Nassau, Suffolk and Westchester Counties: $975 per week.


2) New York City (employers with ten (10) or fewer employees): $1,125 per week. 
3) Remainder of New York State: $885 per week. 

For more information, see the following Minimum Wage Orders: Miscellaneous Industries and Occupations; Hospitality Industry