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NY State Department of Labor Audit Lawyers
New York State Department Of Labor Audit Lawyers
Introduction
Business owners that employ the services of contractors, freelancers, or consultants can at any given time receive a letter from the Division of Taxes and Unemployment Insurance for the Labor Department in the state of New York informing them that their company has been selected to be audited. These notices should be taken very seriously as the response to this one-page letter will go a long way in determining the future outlook for the company in question.
One needs only to look at the current situation with Uber, who is fighting several cases involving the misclassification of employees, to understand the serious nature of this issue. In most cases, these audits will include a careful scrutiny of whether or not the company has correctly classified its workforce, or instead misclassified them as either interns or independent contractors.
The frequency with which these audits are taking place has risen sharply in recent years, and more than 12,000 audits were executed in New York State alone a year ago.
Reasons for an Audit
A particular company can be selected for these audits for a number of reasons. The audit can simply stem from a random initiation due to an industry review or could be the result of an angry ex-employee filing a complaint. In any event, the reason that the company was selected is not nearly as important as it is for the company to get out in front of the situation and deal with the matter properly.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Securing Legal Representation
The first step a business owner should take when faced with an audit by the New York Department of labor is to secure representation from a skilled and experienced employment attorney. A business owner that finds himself in this position can choose to represent himself in the matter or choose to have his accountant speak in his place. This may not be the wisest course of action, however, as any negative results that come from a Department of Labor audit can lead to future ramifications in other legal forums.
For instance, if an employee of a company is determined to be misclassified as a contractor, the business owner can then be made liable for any overtime that should have been paid as the result of the employee’s previous labor. This is but one of many example scenarios of why it is of great importance to assure that a company’s business practices are compliant with current labor laws and for that company to mount a strong case when asked to prevent evidence of their compliance.
Preparing for the Audit
Business owners should continue preparations for the audit by requesting all documents associated with the process. Most owners will find that this task is much more arduous than they originally perceived, as it will many times become apparent that recordkeeping practices are in need of an upgrade. Payroll and time records will become an essential part of the business owner’s defense, and each business should launch a comprehensive internal review to gain an accurate assessment of potential exposure before taking part in a meeting with an auditor.
Worker Classification
A common misconception among business owners is that they are in no danger of wrongdoing on their part being determined in cases where a worker classified himself as an independent contractor and requested an IRS form 1099 for tax purposes from the company.
The Department of Labor will conduct its own inquiry into the nature of a worker’s relationship with a business, and even when both the worker and the business owner are in agreement that the relationship is that of a contractor, the DOL can be in disagreement with this classification. For this reason, it is prudent for business owners to develop a strong understanding of the rules and regulations governing these matters to ensure their own compliance, as business owners with the best of intentions have found themselves in hot water with the labor department.
It is important to also note that even when workers provide an employee with a signed agreement stating that they are working as an independent contractor, there is no guarantee of protection to the business owner. These signed agreements can be used as evidence when being audited by the Department of Labor and can be helpful to the business owner’s case, but are not in themselves definitive or conclusive evidence that will absolve the business owner from potential judgment.
Seeking Legal Expertise
Worker Classification audits are complex matters that require expertise at a very specific area of law. Business owners that find a notice of this pending action in their mailbox should consult with an attorney’s office that is skilled in these matters before the visit of a New York State Investigator to their office takes place.
