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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

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The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

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NY State Department of Labor Audit Lawyers

By Spodek Law Group | August 5, 2018
(Last Updated On: July 26, 2023)

Last Updated on: 26th July 2023, 10:10 pm

New York State Department Of Labor Audit Lawyers
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.
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.
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.
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.
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 there 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.
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.

Experience the Power of New York State Department of Labor Audit Lawyers

Immerse Yourself in the World of Department of Labor Audits

As an ambitious, proactive business owner employing contractors, freelancers, or consultants, imagine receiving a letter from the Division of Taxes and Unemployment Insurance for the Labor Department in New York State. This serious, heart-pounding notice can arise for a variety of reasons, such as an industry review or a vindictive, previously unheard-of employee complaint. For better or worse, the reason is irrelevant compared to the immediate impact and long-term consequences of this potentially life-changing letter. A perfect storm of emotions overwhelms you as you ponder your next move and the best course of action.

Engage with a Skilled and Experienced Employment Attorney

Imagine the unrivaled comfort and security of securing representation from a seasoned, knowledgeable employment attorney. It’s undeniable that the stakes are high; do not let yourself be fooled into believing that self-representation or relying on an accountant is a wise choice. The potential negative results of a Department of Labor Audit can send ripples through your future, manifesting as serious legal ramifications.

Audits, Misclassification, and Overtime

Take, for example, the current situation with Uber—their battle with numerous cases related to employee misclassification is a testament to the genuine severity of the matter. Incorrect classification of your workforce as interns or independent contractors can lead to crippling legal battles, massively impacting the financial stability of your company. A thorough audit is not something to be trifled with, and given the accountability for any overtime that should have been paid as a result of previous labor classification, it becomes crystal clear how essential it is to maintain sterling, compliant business practices and present a formidable, well-researched defense.

Preparation Understanding Protection
Requesting all relevant documents Diligent study of governing rules and regulations Engaging with an expert, resourceful attorney
Upgrading recordkeeping practices Appreciating the Department of Labor’s independent inquiry process Producing viable, signed agreements for audit evidence

Forge Ahead with a Comprehensive, Meticulous Plan

Visualize yourself undertaking the breath-taking challenge of preparing for an audit. You may initially underestimate the exhausting, detailed work that goes into compiling all vital documents and ensuring your recordkeeping systems are airtight. Reflect on the sheer importance of payroll and time records, realizing that a comprehensive internal examination is the key to accurately assess exposure to the auditors’ relentless scrutiny.

Acknowledge the common misjudgment that companies may make—both believing a worker’s self-classification as an independent contractor and their subsequent request for an IRS form 1099 will save your company from potential fallout. Do not let this false security lull you into a lackadaisical mindset.

Discover the Truth Behind Employee Signed Agreements

Fathom a world where even having an individual provide a signed agreement as proof that they are functioning as an independent contractor cannot guarantee your company’s safety. Much like false profits, these well-intentioned, seemingly infallible documents can actually falter under the watchful eye of the Department of Labor. Though they may be useful in an audit, their powers are ultimately limited and may not ensure total protection for business owners.

Empower Your Business Against Worker Classification Audits

Worker Classification Audits may be intricate, labyrinth-like challenges that necessitate mastery in a highly niche area of law, but with the support of a competent and effective attorney, you can face them head-on.

Don’t let the New York State Department of Labor Audit Investigators catch you off guard. Embrace the potential hurdles and come out victorious by entrusting your case with the best legal representation and uncovering the nuances of the audit process.

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