All businesses in New York must deal with the many aspects of having employees. A company could be subject to a damaging investigation by the NY Department of Labor (NYDL) and that could cause them harm. They may need to have effective legal representation in court and before different administrative governmental authorities for a single issue. There could be a need to educate employees and management on how to comply with New York labor laws. A company may also need to have severance agreements and employment agreements written to protect them. Writing policies and agreements, as well as an employee handbook that complies with necessary laws, will often be necessary. A company in New York will need the services of an NY Department of Labor Lawyer.
NYDL has brought claims against companies based on employees complaints. This could be a breach of contract claim, discrimination, sexual harassment claim and more. Being represented by experienced legal representation is essential when facing these allegations. An attorney can help a company avoid experiencing such a situation. They can work to educate a company and its employees on how to prevent as well as minimize issues with employees. This training can involve a company’s human resources, personnel management and more. They can help a company develop effective ways to deal with compliance, hiring, discipline and more. Another important preventative measure provided by an experienced attorney will be the successful development of the policies and procedures contained within a company’s employee handbook.
One aspect of having employees is termination. This could occur on an individual basis or as part of a planned reduction of a workforce. In these situations, it is important to have a legally binding Severance Agreement. An experienced attorney will know how to prepare this agreement with restrictive covenants. They will be designed to protect a company’s most valuable assets. This could involve a company’s procedures, processes as well as intellectual property and more. A company will need to have a way to protect these assets as well as their customer base and human capital from competitors.
Compliance And reporting Obligations
An attorney can provide advice and general counseling when it comes to compliance and reporting obligations. They will know how to help a company comply with all the legal regulations covering immigration and their employees. It is important to avoid having a company receive a criminal charge as well as fines for I-9 non-compliance. This will involve knowing how to properly complete and retain all I-9 forms. An attorney will know how to resolve any situation involving deportation. They will know how to help a company avoid having ICE conduct a raid at their place of business.
Disability and Workers Compensation Insurance
A company will want to avoid being assessed penalties for not maintaining Disability and Workers Compensation Insurance. Mistakes can happen and there are situations where penalties are assessed because of mistakes by the New York State Workers Compensation Board. An experienced attorney will know all the legal statutes that apply to a company’s situation. They will know how to represent a client to this administrative agency. An attorney will know how to present the fact and successfully argue their client’s case. It is often possible to get a partial as well as complete reduction of a judgment.
Wage And Hour Enforcement
NYS Department of Labor (NYSDOL) is always increasing and improving their efforts toward enforcement. There have also been serious executive mandates put into effect designed to eliminate wage and hour violations. NYSDOL is working hard to eliminate the concept of wage theft being prevalent. An experienced attorney will know how to avoid the fines that could be placed on a company. These fines are designed as a way to redistribute funds from employers to employees. They are known as Civil Money Penalties. They are also used to help fund the costs associated with operating the labor department and more.
Employment-Based Immigration Matters
There are many companies that depend on immigrants from other countries to help with their business. An attorney can provide legal advice and can represent them during the screening process. They will know how to provide successful visa strategies as well as what is necessary for an employee to gain permanent residency as well as become a citizen and more. There are artist entry visas, work visas as well as professional visas, permanent labor certifications and more. A company may have to address everything from what is involved with a B-1 visa for a person visiting for business to an EB-1 visa for individuals with extraordinary abilities, EB-5 for an individual investor and more.
An attorney will be able to use their skills and knowledge to help a company work with different areas of the government. They know how to eliminate or significantly decrease any assessed penalties. Reaching an agreeable settlement can help a company facing serious fines. A business can know they will be defended by experienced attorneys who know how to handle administrative hearings, litigations and other important ways to protect a company’s rights.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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