The New York State Department of Labor and the United States Department of Labor have become increasingly aggressive in their investigation and prosecution of employers for violating the minimum wage and overtime protections of the New York Labor Law and the Fair Labor Standards Act. Note that there can be personal liability under both the Fair Labor Standards Act and the New York Labor Law.
DOL Audits must be handled with extreme care. Cooperation with state and federal investigators is key to resolution of these audits. Pechman Law Group has the expertise and experience to guide you and your business through the complex and stressful process of DOL audits. It is important to note New York Labor Law requires that employers keep records detailing an employee’s name, address, hours worked, gross wages, net wages, and itemized deductions for at least six years.
We have established excellent working relationships with both the New York State Department of Labor and the United States Department of Labor and we have successfully negotiated agreements on behalf of a variety of businesses, including restaurants, construction companies, and retail stores. We have also litigated before the Industrial Board of Appeals on behalf of companies who have been issued an Order to Comply by the New York State Department of Labor. An Order to Comply is issued by the New York State Department of Labor, Division of Labor Standards after an investigation if wage payment violations. The Order. to Comply will list total amounts due to including wages, interest, liquidated damages, and civil penalties. An Order to Comply must be appealed to the Industrial Board of Appeals within 60 days of the date of issue or else the order will be filed as a judgment.