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NYC Department of Labor Investigation Lawyers

March 21, 2024 Uncategorized

Employers are subject to the federal Fair Labor Standards Act (FLSA). Section 11(a) of the FLSA identifies the Department of Labor as the investigative arm of the government to conduct cases and audits on U.S. businesses.

The federal or state New York City Department of Labor’s Wage and Hour Division (WHD) under the FLSA can look at employer records regarding wages, hours, they can question employees, and study the employer’s employment practices.

Like the federal DOL, the New York DOL branch investigates employers for compliance with the necessary provisions and supporting regulations of the New York Labor Law. When the DOL comes knocking on your door, you need the skilled and knowledgeable legal counsel of a NYC DOL Investigation lawyer.

The WHD investigates varied businesses for several reasons but the foundation of the investigation is to make sure that employers comply with the rules of the Fair Labor Standards Act. The Wage and Hour Division does not always announce their investigation or their arrival, nor are they required to disclose the purpose of the investigation.

The subject of their investigations can involve topics that include the following:

• Anonymous complaints to the department
• Child labor compliance
• Minimum wage violations
• Discrimination violations
• Wage discrepancies and more.

A NYC Department of labor investigation lawyer understands all the federal and state nuances of the FLSA. Contact them when a DOL investigator contacts you because they can help identify all the documentation you will need to satisfy their requests. Generally, the DOL investigator will request to see the following:

• Payroll records
• Time records
• Wage and hour records

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
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.
Taïko Beauty
Taïko Beauty
2024-03-15
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!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

An arrival of an DOL investigator is very intimidating but keep a level head and contact your lawyer who is not intimidated, thus there are certain questions that they can legally ask on your behalf. For example, your NYC lawyer can ask for proper identification, find out what exactly the investigators will need and to make sure that they don’t get anymore or any less. Your lawyer can also ask for a written request for documentation and identify which employees they may want to interview.

This is to help the business leaders to provide the precise information that the DOL is requesting. An investigation lawyer can also request additional time to gather all the documentation that the DOL is requesting. A NYC DOL investigation lawyer is needed both at the beginning of the DOL investigation and at the end.

If an investigator does find violations, they will tell you and inform you about how to correct them. Your lawyer can help you handle the consequences of any violations. For example, if your violation was regarding wages that were owed, then the DOL investigator with your lawyer’s agreement, will give the employer time to make the necessary payment corrections.

By the way, if an employer drags their feet on correcting any violations, then the DOL will take them to court. But, if it helps, the DOL agency states that in a majority of their investigative cases, only minor violations are ever noted. However, the NYS DOL agency also differs from the federal DOL in that an employer who disagrees with the ruling of a violation can challenge the decision.

An employer can file an appeal with the New York State Industrial Board of Appeals (IBA) which is a separate division of the NYS DOL which holds administrative hearings to review the DOL’s findings. The IBA has its own internal rules and procedures. This means that when they hear an appeal, there are timelines that must be obeyed which your investigation lawyer can handle for you.

Your lawyer understands the rules and disciplines of the IBA and they can help protect your corporate rights so that your outcome will be favorable and a success. NYC Department of Labor investigation lawyers are skilled litigators in all types of employer related issues. They are well versed in the federal and state employment laws as in the following:

• Age Discrimination in the Employment Act
• Americans with Disabilities Act
• Fair Labor Standards Act
• Family and Medical Leave Act
• Family Medical Leave Act

During the last few years, the Labor Standards Division of New York’s DOL office has created task forces to investigate more cases of employer/employee violations. But, unlike the federal DOL agency which allows its investigators to look into cases that go back three years, the New York Labor Law allows the state’s DOL investigators to look into cases that extend back six years. If violations are found during this timeframe, the penalty damages (interest) can be quite a blow to a company’s bottom line.

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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