YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW INVENTING ANNA
When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.
NYS Department of Labor Audit Attorney
If you own a company in New York that attains service from freelancers, independent contractors, or consultants, your company may get a notification letter from the New York State Department of Labor (DOL) Unemployment Insurance (UI) Tax Division. It will probably tell you that your business will be subject to a labor audit. Regardless of if you own a small business or large business, any notification from the DOL should be taken seriously. The way that you handle the situation will have a great influence on your core business plan. For example, in California, the popular ride share company known as Uber is under scrutiny for accusations of not classifying employees correctly.
There are many circumstances where the New York DOL will still require audits even if you have properly classified all of your workers. In recent years, there has been a rise in these types of audits in New York. In fact, the New York State DOL administered more than 12,000 labor audits in one year. The best way to ensure that your rights are protected, in the event that you receive a labor audit letter from the New York State DOL, is to hire a skilled New York labor audit attorney. An experienced attorney understands the procedure and can provide business owners with protection during audits.
Why do Small Businesses Get Selected for Audits?
If your small business was selected for a labor audit, it could be due to numerous reasons. For instance, the New York State DOL could initiate an industry review and select your business for a labor audit randomly. Another reason would be if a complaint was filed from a former worker. However, it doesn’t matter what reason your business was selected for a labor audit, the best was to prepare yourself is with the help of a labor audit attorney.
How to Prepare for a New York State DOL Audit
First and foremost, be sure to contact a New York State labor audit attorney. Although you do have the option to represent your business without an attorney by your side, it is not recommended because negative after-effects from a New York State DOL audit can cause other problems for your company. To give you an idea, if a former employee files a complaint for being misclassified, your business could have to issue overtime payment. The most effective way to prove your business practices are compliant with the law is to prepare a solid defense. In addition, there are some business owners who choose to represent themselves and have their accountants with them for aid, but this isn’t recommended either because an accountant doesn’t have the legal expertise of a labor audit attorney.
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.
It is imperative to begin gathering documents as soon as possible. Many companies find this task daunting because of disorganized record keeping. You should collect payroll sheets and time records that can be extremely vital for your defense. In addition, you can also carry out an in-depth, internal review of your company before you and your labor audit attorney meet with the auditor.
Other Factors to Consider
You should also note that you may not be penalized in the event an employee directly requested a 1099 tax form and labeled himself or herself as a freelance worker or independent contractor. The New York State DOL will review the circumstances and investigate the role of the employee as well as how much he or she was monitored. Another factor that an auditor may investigate is the control and responsibility that was placed on the employee.
Moreover, you are not in the clear because you labeled a worker as an independent contractor. You and a worker may agree that he or she is an independent contractor, but the New York State DOL can still find you in violation if there is sufficient evidence showing otherwise. You can protect your business by learning the laws regarding independent contractors and staying compliant with these laws. You don’t want your company facing negative exposure because the New York State DOL doesn’t care if you had pure intentions. You could still face a misclassification violation.
Even if your workers signed a freelancer or independent contractor agreement, it is not dispositive. Although it can help your case, it won’t dismiss a misclassification violation. The law regarding employee classification is specific and uses facts and a personalized assessment in each situation.
If you are a business owner, you have probably worked diligently for your company to succeed, but your business can be tarnished if you are not properly prepared for a labor audit. We value the opportunity to help our clients during labor audits, and we would like to help you too. Contact us today to schedule an appointment.
