Monday, June 13, 2022
Thursday, June 09, 2022
Need a Legal Analyst for your show? Check out Andrew Lieb's news reel here. Volume Up!
Monday, June 06, 2022
All companies hiring on work that can be performed in NY will soon need to advertise the job's compensation / wages.
A10477 has passed both houses of the NYS Congress and once signed by the Governor, it will go into effect 270 days later.
Interestingly, the law is very broadly written where it applies to advertising "a job, promotion, or transfer opportunity that can or will be performed, at least in part, in the state of New York." Notice the word can in there. Theoretically, this will make all remote work opportunities around the world be subject to this law.
The law, Labor Law 194-b, will require disclosure of both a job description and a range of compensation. Plus, employers will be required to keep records to prove compliance and there are big penalties for violations.
According to the bill's justification, the purpose of this law is to stop wage discrimination, which is a noble pursuit at prevention. Nonetheless, victims of wage discrimination should bring claims under the Federal Equal Pay Act (FLSA), Title VII of the Civil Rights Act, and the NYS / NYC Human Rights Law because they deserve compensation and these laws will get them paid!
Back on May 5, 2021, NY established the Health and Essential Rights Act (HERO Act), which requires employers to take various measures to protect employees from future airborne infectious disease outbreak.
To remind you about the HERO Act:
- On June 7, 2021, we explained how Employers Must Immediately Adopt an Airborne Infectious Disease Exposure Prevention Plan.
- Next, on August 31, 2021, we noticed that Emergency Regulation Released to Guide Employers on Immediately Complying with NY HERO Act.
- Next, on November 17, 2021, we advised Attention NY Businesses - Emergency Regulation Issued to Implement NY HERO Act's Exposure Prevention Standard.
- Then, on January 20, 2022, we explained that NYS DOS Publishes Emergency Regulations to Implement NY HERO Act Rules.
Now, both houses of the NYS Congress have passed A10492, and once signed by Governor Hochul, employers will have 5 business days to recognize the establishment of workplace safety committees or face a civil penalty of not less than $50 per day until the violation is remedied.
If your company hasn't yet complied with the HERO Act, now is the day to get it done!
Friday, June 03, 2022
Both Houses of the NYS Congress have passed A06770, which will permit families (including non-married couples) of wrongful death victims to recover compensation for emotional anguish immediately on their lawsuits, even on pending cases, once it is signed by the Governor.
This is a game changer for victim's families because current law in NYS, which is 170 years old, is very limited where only economical losses (pecuniary loss) is currently recoverable.
With this change, attributes of our family members that we most value - emotional support, love, companionship, advice and guidance - will count and be part of how a loss is compensated in the court system.
It will no longer be cheaper to kill someone than to seriously injure them in our State. We need this signed immediately by the Governor.
Thursday, June 02, 2022
On June 1, 2022, which was the start of Pride Month, the NYS Senate Passed S6501B to establish the LGBTQ+ Advisory Board to "[a]dvise the governor regarding the development of economic, professional, cultural, and educational links between New York state and the LGBTQ+ community in New York state and advise state agencies in developing policies designed to meet the needs of the LGBTQ+ community in New York state."
While this is a great move because having the community represented in Government is important, it's questionable why the law provides that all members of the new board must "identify as LGBTQ+".
What ever happened to allies being important in removing discrimination? Shouldn't we want experts on the topic to advise government irrespective of their personal orientation. Stated otherwise, shouldn't we want leaders in the study of health behavior, law, economics, etc. who have dedicated their careers to studying their field as it relates to the LGBTQ+ community rather than making lay anecdotal thought run the show?
Maybe the Assembly will be smart enough to change this clearly illogical restriction.
While sexual orientation and gender identity aren't expressly set forth protected classes from discrimination on the federal level in the United States, Bostock v. Clayton County, Georgia is a Supreme Court case that makes sexual orientation and gender identity discrimination illegal. Plus, many states and local governments offer further protection and damages to victims of sexual orientation and gender identity discrimination.
Here are 5 tips to stop this heinous discrimination and create equality in our society for all.
- Don't Miss Deadlines: Federal discrimination lawsuits provide only 2 years from the wrongful act to bring a lawsuit. Some states extend this to 3 years. However, there are often much shorter timelines dependent on who the perpetrator is, so act immediately. To illustrate, employment discrimination generally requires a filing with the EEOC within 300 days. Plus, a collective bargaining agreement can limit the statute of limitations for union workers even further. Alternatively, if the government is the defendant, a notice may need to be filed within 3 months or less. So, act swiftly if you are a victim.
- Don't Forget the Past: Just because deadlines exist from the last act of discrimination, it's possible to leverage a law called the Continuing Violation Doctrine to reprise untimely acts of discrimination in a lawsuit. So, make sure that you bring every wrongful act that you have experienced to the table if you are a victim of discrimination. That is the only way it can be stopped.
- Discrimination is NOT Just Physical: If an environment is hostile and filled with harassment, that is enough to bring a lawsuit. In fact, states like New York lower the hostile environment standard from the federal rule of severe and pervasive to inferior terms and conditions so long as the harassment rises above petty slights and trivial inconveniences. If you feel harassed because of your orientation or gender identity speak up now.
- It Goes Beyond Your Actual Orientation and Gender Identity: Your actual sexual orientation and gender identity are clearly protected from discrimination, but did you know that you are protected from discrimination even if the perpetrator got it wrong. The law also protects your perceived orientation and identity, which is particularly important for orientation because orientation needn't be confirmed from consistent sexual acts to exist.
- Retaliation is Illegal: Don't be afraid to speak up out of fear of reprisal. Simply, if you experience any negative retaliation whatsoever when you are fighting back against discrimination that you are experiencing, you can sue for that retaliation too. If retaliation happens at work, housing, education, places of public accommodation, or many other places, you can receive money damages for retaliation plus the court can order it stopped with your prior situation restored.
Lieb at Law, P.C. seeks litigation attorney to focus practice on complex litigation including employment and discrimination, real estate litigation, and commercial litigation.
Desired qualifications:
- 2+ Years of Litigation Experience
- Persuasive Motion Writer
- Proficient in Legal Research
- Oral Arguments, Hearings
The firm’s practice areas include:
- Employment & Discrimination Litigation: Workplace Discrimination, Housing Discrimination, Education Discrimination, Family Medical Leave ACt, Harassment, Retaliation, Restrictive Covenants, Wage & Hour, Whistleblower
- Employment Litigation, Compliance and Trainings: Discrimination, Harassment, Retaliation, Wage and Hour, Restrictive Covenants, Family Medical Leave Act, Alternative Dispute Resolution, Appeals, Employee Handbooks and Policies, Sexual Harassment and Discrimination Training, Wage and Hour Audits & more.
- Real Estate Litigation: Real Estate Brokerage; Construction, Constructive Trust, Contractual Disputes, Cooperative & Condominium, Fair Housing & Discrimination, Commercial Evictions, Partition Action, Premises Liability, Title Insurance, Foreclosure
- Legal Compliance for Regulated Industries: Outside Compliance Counsel for regulated professions, Policy Drafting, Policy Implementation, Auditing, Corporate Compliance Trainings.
Qualifications:
Excellent critical thinking, writing, organization and research (Westlaw) skills. Must be technologically savvy.
About Lieb at Law, P.C.:
Lieb at Law, P.C. is a litigation boutique law firm, which focuses on discrimination claims in employment and housing.
We also litigate commercial disputes, real estate brokerage commission / fiduciary duty / ethics matters, breach of contract cases, title claims, landlord / tenant evictions, mortgage foreclosure actions, plaintiff's personal injury, and all employment matters, such as wage and hour claims and whistleblower actions.
Beyond litigation, the firm also offers outside general counsel advice and counsel to its corporate clients.
Our attorneys are admitted to practice law in New York, New Jersey, Connecticut, and Colorado while also practicing in the Federal Courts.
The firm's culture is driven by it's three-pillars of success: Self-confidence, Grit, and Skill.
We support our culture with an emphasis on leveraging technology. Staff have access to a cloud-based legal research platform so that the latest cases are available everywhere, including at home and in the courtroom. We have a secure, cloud-based case management system that catalogs every thought and action on each matter so that case facts are readily accessible at the stroke of a computer key. Finally, enterprise file sharing, storage, and collaboration software is leveraged to enable the efficient collaboration between attorneys where case strategy and document preparation is fresh and innovative.
Beyond our representation of individual clients and companies, our managing partner also serves as a media legal analyst, who regularly appears on TV / radio nationwide. This sets the tone for our law firm where our attorneys teach the law, rather than learning from others, at continuing education events and corporate trainings.
In all, Lieb at Law, P.C. is on the cutting edge of new statutes, regulations, and cases, which gives us a strategic advantage in the courtroom and in your representation.
Resumes to careers@liebatlaw.com
Wednesday, June 01, 2022
An employee who was discharged, threatened, penalized, or in any other manner discriminated or retaliated against because such employee used any legally protected absence pursuant to federal, local, or state law will soon be able to bring a lawsuit against their employer now that S1958A has passed both the NYS Assembly & Senate.
In fact, such an employee will have 2 years after the violation to sue and recover lost compensation and damages, liquidated damages of up to $20,000, costs and reasonable attorneys' fees. Plus, the Court can order rehiring or reinstatement and restoration of seniority. Alternatively, in lieu of reinstatement, an award of front pay can be awarded.
Employers better learn and provide legal days off ASAP.
Any crime victim who was depicted in a still or video image, which was disseminated or published, will soon be able to sue the disseminator or publisher for injunctive relief, punitive damages, compensatory damages and reasonable court costs and attorneys' fees.
The law, Civil Rights Law 52-b (S7211B) has passed the NYS Congress and only needs to be signed by the Governor to be enacted.
