In recent years, there has been a significant increase in the number of audits, investigations and lawsuits on the administrative, state and federal levels regarding wage and hour issues such as: misclassification of employees as independent contractors; misclassification of trades on public work projects; incorrect treatment of “non-exempt” employees as “exempt”; and proper wage and overtime calculations. These legal proceedings can result in substantial costs to companies.
Tarter Krinsky & Drogin assists clients in learning how to best protect their business from such risks including compliance reviews to assess and reduce existing risks, preventive and corrective counseling, and providing management with the tools to address related issues that may arise. We are experienced in defending wage and hour and prevailing wage claims of these types.
Prevailing Wage / Wage and Hour Compliance
Focused on preventive counseling, we advise contractors and subcontractors on public works projects including prevailing wage rates, fringe benefits, overtime pay, employee classification, fund contributions and payroll reporting forms. We counsel on compliance with the Davis-Bacon Act, related state laws, and other regulations. We also conduct seminars to equip management and supervisors to address challenging issues. The result is increased risk avoidance and cost savings for our clients.
We have established a unique review and assessment program to identify compliance issues and help minimize our clients’ exposure. This includes an overview of business operations, reviewing payroll and timecard records, classification of employees and a review of existing employee policies and/or handbooks.
Litigation and Arbitration
Our attorneys have deep experience handling employment-related litigation matters. We defend employment-related claims in federal and state courts, as well as before administrative agencies throughout the United States. When litigation arises, we pursue cases proactively and cost-consciously. Our cases rarely go to trial because we have been highly successful in early resolution, mediations and motions to dismiss for summary judgment. We have handled numerous jury and non-jury employment cases, State Division of Human Rights trials and hearings.
We have extensive experience representing clients in investigations by the United States Department of Labor, state labor departments and the New York City Comptroller’s Office
|Feder, Hagit Senior Compliance Administrator, CFE||Senior Compliance Administrator, CFE||212.216.1109|
This year, 28 lawyers from Tarter Krinsky & Drogin have been named to the 2017 New York Super Lawyers and Rising Stars lists as top lawyers in the state. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Attorneys are selected through a process that includes independent research, peer nominations and peer evaluations.
Four Tarter Krinsky & Drogin attorneys were ranked on the Rising Stars list, which recognizes the top 2.5 percent of lawyers who either are under the age of 40 or have been in practice for 10 years or less.
Labor & Employment chair Laurent was quoted in an August 4 .com article, "Contract Worker, Freelancer or Employee? New York's Recent Law Adds Confusion.” In the article, Laurent comments on the implications of the Freelance Isn't Free Act (), which was recently passed in New York, noting that “this law has the potential to be a doesn't define a freelancer in any way to allow an employer to determine if they're classified as an independent contractor or employee."