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New Jersey High Court’s Weichert Decision: Why Employers Should Review Their Independent Contractor Agreements Now

New Jersey’s highest court has held that an agreement between a real estate brokerage and a real estate salesperson identifying the salesperson as an independent contractor excludes the salesperson from the New Jersey Wage...more

Empowering Agent and Employee Wellness in the Real Estate Industry

Wellness is important for a variety of reasons, not the least of which is that real estate agents and employees spend so much time at work. According to the U.S. Bureau of Labor Statistics, in 2022, full-time employees in the...more

What Real Estate Businesses Need to Know About Using Website Tracking Technologies

Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the...more

New York Source-of-Income Antidiscrimination Statute Deemed Unconstitutional

The source-of-income antidiscrimination statute in the New York State Human Rights Law (NYSHRL) is unconstitutional as it violates the Fourth Amendment of the U.S. Constitution, New York State Supreme Court Judge Mark G....more

Quiet Quitting and What Employers Can Do About It

“Quiet quitting” is the newest coined phrase that has burst onto the workplace scene. Not to be confused with the “great resignation,” quiet quitting is commonly understood to mean employees intentionally prioritizing the...more

How Can Implicit Bias Training in the Real Estate Industry Achieve Enhanced Effectiveness?

In recent years, the nation has made efforts to raise awareness of implicit bias in employment and across industry groups. The real estate industry has seen states, such as California and New York, requiring real estate...more

Oregon Ban on Home Buyers’ ‘Love Letters’ to Sellers Violates First Amendment, Federal Court Rules

After becoming the first state to ban real estate “love letters,” Oregon’s novel law has been found to violate the First Amendment and enjoined from enforcement by a federal Court in Oregon. Total Real Estate Group v. Strode,...more

House Passes Build Back Better Act, Here’s What Employers Need to Know as It Goes to Senate

The U.S. House of Representatives has passed the Build Back Better Act (BBBA) (H.R. 5376) by a vote of 220–213. Supported by the Biden Administration and congressional Democrats, the controversial bill heads to the Senate for...more

Social Media and the Real Estate Industry: The Importance of a Well-Crafted Policy

Social media continues to permeate business operations, especially in the real estate industry. The vast majority of companies in the real estate industry utilize various platforms to attract leads and connect with buyers,...more

Oregon Bans Home Buyers’ ‘Love Letters’ To Sellers

As a potential harbinger of the future, Oregon has become the first state in the nation to ban real estate “love letters.” The new law goes into effect January 1, 2022. The State of Oregon passed a law (HB 2550), and it...more

New York State’s Fair Housing Regulations Effective

The new regulations for real estate professionals to help combat housing discrimination are effective as of June 20, 2020, the New York Department of State has announced in a press release. The new regulations, which were...more

New York Bill Would Require Real Estate Brokers, Salespeople Be Trained On Preventing Housing Bias

Following a three-year investigation conducted by Newsday into alleged unequal treatment toward minority homebuyers on Long Island, New York has announced proposed regulations to combat housing discrimination that would...more

New York City Enacts Legislation Clarifying Independent Contractor Protection Under Human Rights Law

While courts have generally interpreted the New York City Human Rights Law (NYCHRL) as providing anti-discrimination protections to individuals performing services as independent contractors, effective in January 2020,...more

Embrace The (March) Madness At Your Workplace

With the arrival of spring comes March Madness as the top Division I men’s and women’s college basketball programs compete for the national championship. Played out over three weeks, more than 130 teams will compete for...more

Election Day Is Coming – What Are Your Obligations As An Employer?

With Election Day fast approaching, employers should ensure they are in compliance with state law requirements related to employee voting rights. While not all states impose requirements on employers, some impose time off...more

Workplace Violence: How To Evaluate The Risks And Reduce The Potential Hazards

Every year, nearly two million American workers report having been victims of workplace violence. Sadly, the actual number of cases is likely much higher — many cases go unreported....more

House Bill Would Limit Drive-By Lawsuits By Amending Title III Of Americans With Disabilities Act

The House of Representatives has passed the “ADA Education and Reform Act” (HR 620) with an 85-percent vote in favor of passage (including 12 Democrats). Prior to filing a lawsuit under Title III of the Americans with...more

Eleventh Circuit Upholds Alabama Cop’s Win In Pregnancy And FMLA Case

The U.S. Court of Appeals for the Eleventh Circuit has affirmed a jury verdict in favor of a former Alabama police officer on her pregnancy and Family and Medical Leave Act (FMLA) claims. Hicks v. City of Tuscaloosa, Ala.,...more

Documented Performance Issues And Inadequate Notice Of Need For Leave Sink Employee’s FMLA Claims

Granting summary judgment to an employer on Family and Medical Leave Act claims asserted by a former employee, an Illinois district court held that: (1) the employee had failed to demonstrate his firing had any causal...more

Businesses Face Conflicting State And Federal Accessibility Requirements

Many states and localities have their own distinct accessibility laws and regulations for businesses. Often these are not analogous to the ADA. For instance, businesses operating in New York must use the disability access...more

Is Your Organization Prepared for the (March) Madness?

It’s the time of year when workplace chatter suddenly includes constant references to Wildcats, Jayhawks, Pirates, Tar Heels, and Blue Devils. As well as the question of whether the UConn Women’s Basketball Team will ever...more

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