You’re reading this because the NYC Department of Labor is investigating you – and you’re terrified. You should be. The Department recovered over $360 million in stolen wages over the past decade, according to official state announcements. You didn’t hire an attorney immediately when they first contacted you and now you’re wondering what to do. That was a mistake. State prosecutors have been building their case against you while you waited.
If you’re facing a NYC Department of Labor investigation, you’re probably panicking – and wondering what happens next. The stakes couldn’t be higher. As of September 2023, wage theft is now felony larceny under New York State Penal Law, as documented by legal analysis. That means criminal charges, not just civil penalties. You’re looking at potential jail time – and devastating financial consequences that could destroy everything you’ve built.
You think this is like a routine business audit. It’s not. The NYC Department of Labor has virtually unlimited resources — and they’re coming after you with everything they’ve got. Recent audits show the Department’s Division of Labor Standards comprises 14 District Offices, with seven in New York City alone. They process thousands of claims, and once your case is in their system – you’re in serious trouble.
Most importantly, you don’t understand the severity of what you’re facing. Civil penalties can reach $20,000 for subsequent violations, according to current penalty schedules. But that’s just the beginning. Criminal prosecution means potential imprisonment, destroyed reputation,and the end of your business. When someone faces these charges, you need immediate help from attorneys who get it.
At Spodek Law Group – we’re not your average criminal defense law firm. We are one of the few law firms in the country have a completely online digital portal to manage your case 24/7. Our premier team of attorneys has over 50 years of combined experience handling the toughest cases nationwide. Todd Spodek, our founding attorney, is a second-generation attorney who has handled thousands of tough cases. His work has been featured on major media outlets like NY Post, Newsweek, Fox 5, Business Insider, Bloomberg, and others.
The Department’s investigation process is designed to catch you off guard. Their official procedures allow investigators to show up unannounced,demand records immediately, and interview your employees without warning. You’re already behind – andif you don’t act fast, it’s going to get worse.
Here’s what happens during a typical investigation – and why you need our top rated attorneys immediately:
Initial Contact and Document Demands: When investigators contact you, they’ll demand extensive documentation including payroll records,time records, wage and hour records, and employee files. They won’t tell you this, but anything you provide can and will be used against you in criminal proceedings. Many employers make the mistake of cooperating fully without legal representation – that’s how they end up with criminal charges.
Employee Interviews and Statements: Investigators will interview your current and former employees – often without your knowledge. These interviews are designed to uncover violations, and employees may make statements that aren’t accurate or are taken out of context. Without a premier criminal defense attorney present, you won’t even know what’s being said against you until it’s too late.
Audit Findings and Violations: The Department looks for multiple types of violations including minimum wage violations, overtime violations, illegal deductions, misclassification of employees, and failure to maintain proper records. Each violation carries separate penalties — and they add up fast. Recent data shows penalties range from $100 for first offenses to over $16,550 for serious violations.
You don’t realize how serious this is. Since September 2023,wage theft is prosecuted as felony larceny under the state’s penal code. If the amount exceeds just $1,000 – you’re facing felony charges. The Manhattan District Attorney created a dedicated Worker Protection Unit specifically to prosecute these cases, as reported in enforcement studies.
When a defendant faces these charges, you need attorneys who understand both the criminal and civil aspects. Our rock star team at Spodek Law Group has handled complex federal cases coast to coast. We get it – we understand the fear, the confusion, and the overwhelming nature of these investigations. Unlike other law firms who are more focused on their relationship with prosecutors, we fight aggressively for our clients.
Regardless of how complicated your case is, or how challenging it is – we can help you get the outcome you need and want. Our premier federal criminal defense attorneys have developed proven strategies for fighting Department of Labor investigations. We don’t just react to charges — we proactively defend you from day one.
Challenging the Investigation Process: Many Department of Labor investigations contain procedural errors that can invalidate their findings. Our attorneys, know exactly what to look for. We examine every aspect of the investigation process — from the initial complaint to the methods used to calculate alleged violations. If investigators didn’t follow proper procedures, we’ll use that to your advantage. The State Comptroller’s audit found significant delays and procedural issues in DOL investigations — weaknesses our top rated attorneys know how to exploit.
Negotiating Civil Resolutions to Avoid Criminal Charges: The best time to resolve these cases is before criminal charges are filed. Our nationwide team has relationships with Department of Labor officials and prosecutors coast to coast. We know how to negotiate settlements that protect you from criminal prosecution while minimizing financial penalties. Many law firms are “mills” and take on every single client without the expertise to handle complex negotiations. At Spodek Law Group,we focus on only working with clients who we can truly help — and we have the track record to prove it.
Attacking the Government’s Calculations: The Department often inflates violation amounts to increase penalties and justify criminal prosecution. Our attorneys meticulously review their calculations,often finding significant errors. We’ve successfully reduced alleged violations by hundreds of thousands of dollars through careful analysis of wage and hour records. Remember — if the amount falls below felony thresholds, criminal prosecution becomes much less likely.
Good Faith Compliance Defense: If you made honest mistakes rather than intentionally violating the law, that’s a critical defense. The criminal statutes require “intent to deprive” — accidental violations shouldn’t result in criminal charges. However,you need experienced attorneys who know how to present this defense effectively. Our 50 years of combined experience means we know exactly how to demonstrate good faith compliance efforts to prosecutors and judges.
Unlike other law firms who are more focused on their relationship with prosecutors, we put our clients first – always. When you hire us, you’re not just getting an attorney. You’re getting a premier team that’s available 24/7, understands the stakes, and fights relentlessly for the best possible outcome.
Todd Spodek is a second-generation attorney who has dedicated his career to defending clients in the toughest cases. You may have seen the Netflix series about one of his clients, Anna Delvey (also known as Anna Sorokin). That case showed the world what we do best — taking on seemingly impossible cases and achieving remarkable results. Todd’s work has been featured in NY Post,Newsweek, Fox 5, Business Insider, Bloomberg, and countless other major media outlets.
But it’s not just about high-profile cases. Every client receives the same white-glove service and dedication. Whether you’re facing a $10,000 penalty or criminal charges that could result in prison time – we treat your case with the urgency and attention it deserves. We are one of the few law firms in the country have a completely online digital portal where you can access your case information 24/7.
You’re wasting time researching lawyers online instead of calling one. Every hour matters in Department of Labor cases. Here’s the timeline you’re facing — and why immediate action is crucial:
Days 1-30: Initial Investigation Phase
This is when investigators gather documents and conduct interviews. If you don’t have representation during this phase, you’re making critical mistakes that can’t be undone later. The evidence collected now will determine whether you face criminal charges. Our top rated attorneys know how to control the narrative from day one.
Days 31-90: Preliminary Findings
The Department will issue preliminary findings outlining alleged violations. This is your last chance to negotiate before they refer the case for criminal prosecution. Without experienced counsel, you won’t even understand the full implications of these findings. We’ve seen countless clients who tried to handle it themselves – and ended up with criminal charges that could have been avoided.
Days 91+: Criminal Referral or Resolution
If the case isn’t resolved, it gets referred to the District Attorney for criminal prosecution. Once that happens,the stakes increase exponentially. You’re no longer just facing civil penalties – you’re facing potential imprisonment, a criminal record, and the destruction of your business and reputation.
You think the financial penalties are bad. They’re just the beginning. Recent investigations found that companies with wage theft violations lose government contracts worth millions. Your business could be blacklisted from public work. Your reputation will be destroyed. Former employees will sue you civilly for damages.
The criminal consequences are even worse. A felony conviction means,you lose professional licenses, you can’t own firearms, you may face immigration consequences if you’re not a citizen, and you’ll have a permanent criminal record that shows up on every background check. Your future is in jeopardy – and you need attorneys who understand these stakes.
At Spodek Law Group – we’ve helped clients avoid these consequences. Our nationwide team of premier attorneys has handled thousands of tough cases. We know how to navigate the complex intersection of civil and criminal law in Department of Labor investigations. Most importantly – we get results.
Most people in your situation make critical errors that turn a bad situation into a catastrophe. Here are the mistakes we see – and why you need to avoid them:
Trying to Explain Your Way Out: You think if you just explain the situation to investigators, they’ll understand. That’s not how it works. Recent data shows prosecutors are increasingly aggressive about wage theft cases. Anything you say will be twisted and used against you. Our attorneys handle all communications – protecting you from self-incrimination.
Destroying or Altering Records: Some employers panic and try to “fix” their records. This is obstruction of justice – a separate federal crime. If investigators discover altered documents, you’ve just turned a civil matter into a guaranteed criminal prosecution. Our top rated attorneys know how to present your records in the best possible light without crossing legal lines.
Ignoring the Investigation: Some employers hope if they ignore it, it’ll go away. It won’t. The Department will proceed without you, make findings based on employee statements alone, and refer the case for criminal prosecution. By the time you realize the seriousness, it’s too late. We ensure you respond appropriately while protecting your rights.
Hiring Inexperienced Counsel: Many attorneys claim they can handle Department of Labor cases. Most can’t. This isn’t a simple employment law matter – it’s a potential criminal case with complex regulatory issues. You need attorneys with specific experience in these investigations. Our 50 years of combined experience includes hundreds of Department of Labor cases nationwide.
Todd Spodek - Nationally Recognized Criminal Attorney