Samuel L. Drukman, Esq., Attorney At LawSamuel L. Drukman, Esq., Attorney At Law2026-09-24T16:57:42Zhttps://www.drukmanlegal.com/feed/atom/WordPress/wp-content/uploads/sites/1400409/2020/09/Site-ImageNew-73x75.jpgOn Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[How job duties determine overtime eligibility in New York]]>https://www.drukmanlegal.com/?p=474242026-09-24T16:57:42Z2026-09-24T16:57:42ZYour job title does not control eligibility
Your job title alone does not determine whether you qualify for overtime. Your employer must meet the requirements for the exemption it claims, including salary and duties requirements.
If you spend much of your workweek doing the same tasks as hourly workers, such as ringing up sales, stocking shelves or making food, those duties may matter.
What management duties matter?
For the executive exemption, your primary duty must involve managing the business or a recognized department. You must also regularly direct the work of at least two full-time employees. You must have authority to hire or fire employees or make recommendations about personnel decisions that the employer gives significant weight.
Scheduling shifts or opening a store alone does not qualify you for the executive exemption.
The administrative exemption has different requirements. It involves office or nonmanual work related to management or business operations. It also requires discretion and independent judgment on important matters.
What records can help if you were misclassified?
Keep a log of your daily tasks. Note the time you spend on management work versus tasks that hourly workers also perform. Pay stubs, job descriptions and emails assigning nonexempt work may also help.
Employers sometimes misclassify workers to avoid paying overtime. Clear records can show what your job actually involves and what exemption your employer claims.
Protecting your right to overtime pay
Misclassification can affect the wages you receive. Reviewing your actual duties, salary and employment records can help determine whether an exemption applies. A New York employment lawyer can explain your options if you believe you were improperly classified.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[What New York employees should know before joining a union]]>https://www.drukmanlegal.com/?p=474222026-09-21T06:23:57Z2026-09-21T06:23:57ZHow union representation works
A union speaks for employees in talks with an employer. These talks may cover pay, work hours, benefits and working conditions. If employees choose a union through the proper process, the union usually represents the covered workers.
Employees may vote on whether to have union representation. Federal law generally protects workers during a union campaign. Employers cannot threaten or punish workers for taking part in protected union activities.
What a collective bargaining agreement does
A collective bargaining agreement is a written contract between a union and an employer. It may cover:
Pay rates, raises and overtime
Work schedules and leave
Health and retirement benefits
Discipline and termination procedures
Seniority, promotions and job assignments
Grievance procedures for workplace disputes
The agreement may give employees rights that differ from the employer's normal policies. Employees should review the terms that apply to their jobs.
Union dues and employee rights
New York does not have a right-to-work law that generally bars union-security agreements. In covered private-sector workplaces, a collective bargaining agreement may require employees to pay union dues or certain fees as a condition of employment.
Employees may not always have to become full union members. Federal law also provides certain rights to employees who object to paying for union activities unrelated to collective representation.
Public-sector employees follow different rules. The National Labor Relations Act does not cover state and local government employees. As a result, federal rules for private-sector unions do not apply to public employees in the same way.
Questions to ask before joining a union
Before joining, employees should review the union's rules and costs. They should also read the collective bargaining agreement. It is also helpful to learn how the union handles complaints, discipline and workplace disputes.
Union representation can affect your workplace rights and costs. Knowing the union rules and agreement can help New York employees understand what to expect.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[What is arbitration and when must you use it in contracts?]]>https://www.drukmanlegal.com/?p=474202026-09-02T18:13:30Z2026-09-02T18:13:30ZHow does arbitration differ from litigation?
Arbitration is a way to resolve a dispute outside court. A neutral third party hears both sides and makes a decision. In many cases, that decision is binding.
Arbitration is often faster than a lawsuit and usually uses less formal rules. Parties often choose it for its privacy, the ability to select an arbitrator with relevant industry knowledge and the generally faster timeline compared to litigation. Courts can overturn arbitration awards only on narrow grounds – such as fraud, arbitrator bias or an arbitrator exceeding authority – not simply because a party disagrees with the result.
When does a contract require arbitration?
A contract can require arbitration if the parties agree to a valid arbitration clause. Arbitration clauses are often enforced under the Federal Arbitration Act and contract law, depending on the agreement and the dispute. If a clause covers the issue in dispute, a court may require arbitration instead of letting the case move forward in court.
Some industries, including securities, employment and consumer finance, often use arbitration clauses. Other contracts give the parties a choice after a dispute begins. The wording of the agreement controls whether arbitration is required or optional.
For example, in New York, arbitration clauses are often enforced under CPLR Article 75 and the Federal Arbitration Act, although courts may still consider recognized legal grounds to challenge enforcement or review an award. Some federal and New York laws also limit enforcement of pre-dispute arbitration clauses for certain sexual harassment and sexual assault claims. Under these laws, a party with such a claim may have the right to bring it in court even if the contract includes a mandatory arbitration clause.
What to check in an arbitration clause before signing
Read the clause before you sign. Check what disputes it covers, whether it is binding and what rules apply. If the clause is unclear, have it reviewed so you know what to expect if a dispute comes up.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[How Staten Island parents can fix an inadequate IEP]]>https://www.drukmanlegal.com/?p=474162026-08-14T07:24:45Z2026-08-14T07:24:45Zhelp you address your concerns more efficiently.
Steps to take when facing IEP dispute
Navigating your child’s special education needs can be overwhelming, but you don’t need to go through this alone. These steps may help you advocate for the educational support and rights your child deserves, including:
Documenting your concerns: Save copies of your child’s IEP, evaluations, school communications and progress reports. Your documentation might show where the current IEP falls short.
Communicating with the school: Make sure that you are clearly communicating your concerns with the school or CSE and schedule an IEP meeting whenever required.
Knowing your dispute options: If the problem is not resolved, you can opt for alternatives such as mediation or a hearing according to special education laws of New York.
When you request an impartial hearing, you must submit the request in writing. Explain the problem, provide important information about the situation, and state the solution you are seeking. In New York, parents generally have two years to file after they knew about the issue.
Support your child by following the right procedures
An IEP dispute can feel overwhelming, particularly when trying to make sure that your child is getting the necessary services at school. Knowing your options can make it easier to manage. With the right information and by taking the essential steps, you can continue advocating for your child’s needs and work toward an IEP that better addresses them.]]>by Samuel L. Drukman, Esq., Attorney At Law<![CDATA[3 questions to ask before signing any business agreement]]>https://www.drukmanlegal.com/?p=474142026-08-03T17:33:15Z2026-08-03T17:33:15Z1. Are all the contract terms clear and complete?
A business agreement should clearly set out every material term before either party signs it. At a minimum, the contract should include:
The scope of work or services
Each party's duties and responsibilities
Payment terms, including the amount and due dates
Deadlines for performance or delivery
Terms covering default, breach and available remedies
Governing law and venue, if appropriate
The final agreement should include every negotiated term. Missing or unclear language can lead to disputes. An attorney can identify potential risks and help ensure the agreement reflects the parties' intent and protects their interests.
2. What happens if one party does not fulfill the agreement?
A business agreement should explain what counts as a material breach. A material breach occurs when one party fails to meet a major obligation under the contract. The agreement should also state the available remedies, such as damages or contract termination. Any limitation of liability clause should be clear because it may limit the parties' ability to recover certain damages.
The contract should explain how the parties will resolve disputes through mediation, arbitration or litigation. Clear procedures help settle disputes faster and reduce legal costs.
3. Does the agreement support your business's long-term goals?
A business agreement should align with the company's long-term business goals, not limit them. Renewal, termination and exit terms should provide a clear way to end the relationship if business needs change. Flexible terms help the business adapt to growth and new opportunities.
The agreement should also match the company's goals and day-to-day operations. Before signing, it is important to confirm that the other party has the ability to meet its obligations. A contract that fits the business's strategy helps build a more productive business relationship.
In New York, employee monitoring provisions may trigger specific notice requirements under state law, and contractor monitoring arrangements can raise separate privacy or contractual considerations that should be reviewed independently.
Protecting your business interests
A business agreement can impact a company long after it is signed. Reviewing hidden compliance concerns, including employee monitoring and contractor obligations, can help avoid future disputes. An experienced business attorney can help identify potential risks and ensure the agreement supports the business’s goals.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[Can a salaried manager get overtime pay in New York?]]>https://www.drukmanlegal.com/?p=474122026-07-24T12:13:53Z2026-07-24T10:42:04ZA manager title does not automatically preclude overtime
Employers often assume a salaried supervisor or manager is exempt from overtime, but that is not always true under state and federal labor laws. To qualify for an executive exemption, the employee generally must have management as the primary duty, regularly direct at least two employees and have real authority or meaningful input over hiring, firing or other employment decisions.
A worker who mostly stocks shelves, serves customers, runs a register or fills in for hourly staff may still be entitled to overtime, even with a manager title.
Job duties and salary both affect the exemption
Exemption questions usually turn on what the employee actually does day to day. Job descriptions matter less than daily responsibilities. In New York, overtime disputes also involve salary thresholds, not just whether the employee is paid on a salary basis. That can create problems in retail stores, restaurants and other small businesses where a supervisor handles both management and frontline work during the same shift.
Misclassification can lead to wage claims and penalties
If a business treats a worker as exempt when the law says otherwise, the employer may face unpaid overtime claims, back wages and other penalties. For workers, misclassification can mean losing substantial pay over time.
Some aspects of the job that may suggest a salaried manager is not exempt include:
The employee’s primary duty is not management
Limited authority over other employees
Little or no meaningful role in hiring, firing or discipline
Frequent performance of the same tasks as hourly staff for most of the workweek
Salary that does not meet the required threshold
These details often matter more than the job title alone, especially when the worker’s daily role looks more like frontline work than true management.
Records and job duties can clarify the overtime issue
If a salaried manager’s overtime status is unclear, records and daily job duties often make the difference. An attorney handling employment and labor law matters can review those details and help determine whether the exemption fits the role.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[How often should your New York business audit for compliance?]]>https://www.drukmanlegal.com/?p=474102026-07-06T18:19:45Z2026-07-06T18:19:45Zcompliance audit can, accordingly, help you to find problems before they become costly disputes. It can give you a clear view of whether your policies comply with current legal requirements and whether your managers are following them.
The checkup that keeps your workplace steady
Your business should review labor compliance at least once a year. An annual audit gives you time to update:
Handbooks
Payroll practices
Employee files
The required workplace postings
You may need audits more if your business is growing, hiring quickly or changing how workers are paid.
You should also check compliance after major legal updates. New York labor rules can change, and waiting too long may leave your business using outdated policies. A strong audit usually looks at:
Wage and hour practices, including overtime and meal breaks.
Worker classification for employees and independent contractors.
Paid leave, sick time and family leave policies.
Anti-discrimination and harassment procedures.
Payroll records, notices and personnel files.
These reviews help you build trust with employees by showing that your workplace takes fair treatment seriously.
If an issue arises, address it promptly and document the correction. Clear records can help to demonstrate good faith if your business is ever questioned by a state agency or former worker.
Labor compliance is easier to manage when it becomes routine rather than a last-minute reaction. If you are unsure whether your workplace policies meet New York standards, working with a legal practitioner can help you review your circumstances and help you to determine next steps.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[What are the potential consequences of misclassifying a worker?]]>https://www.drukmanlegal.com/?p=474082026-06-23T23:41:20Z2026-06-23T23:41:20ZMisclassification is illegal
Both federal guidelines and New York state employment statutes clarify the difference between employees and independent contractors. Workers who are subject to company management, who rely on company equipment and who have an ongoing work relationship with the company, rather than responsibility for a single project, may be employees, regardless of what paperwork says.
If a worker denied overtime wages or deemed ineligible for workers' compensation successfully contests their classification as an independent contractor, their employer can face numerous consequences. Businesses may be liable for injury expenses or for past-due workers’ compensation premiums. The company may need to provide back pay and could face fines for misclassifying workers.
They may have tax debts that accrued beginning on the start date of the employee’s job. The company may need to pay not just its portion of the employment taxes assessed but also interest and penalties. Misclassification claims can also damage a company’s reputation with other businesses and prospective future employees.
Ensuring that employment practices align with the intended classification of a professional can protect a company from litigation and other costly setbacks in the future. A lawyer can help employers to better ensure compliance with employment and independent contractor regulations and respond to any litigation asserting that a contract worker was actually an employee.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[Can a service dog be part of a child’s New York IEP?]]>https://www.drukmanlegal.com/?p=474062026-06-07T23:05:43Z2026-06-07T23:05:43ZService dog support could be an option
In theory, as a public institution, a school in New York generally must allow those with disabling medical conditions to have a service animal present to support their medical needs. However, there is a potential complication in cases where children need the assistance of a service time.
In many cases, the student is not the trained handler who issues commands and works with the animal. Instead, their parent or primary medical caregiver may be the person trained as the animal’s handler. A service animal without a handler cannot offer the support that the student requires.
The details of their dog’s training, the age of the student and a few other key details determine whether or not a student may be eligible to bring the service dog with them to school. Reviewing an animal’s training and the functions it provides with an educational attorney can help parents determine if a service dog could be part of their child’s IEP.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[Tips for handling vendor disputes]]>https://www.drukmanlegal.com/?p=473992026-06-02T11:45:32Z2026-06-02T11:45:32ZVendors play an important role in many businesses because they provide critical goods and services. Vendor relationships can have a positive impact on the business when things are good, but they can also have a negative if the relationship with the vendor sours.
There are situations that may lead to you having to handle a dispute with a vendor. These must be handled carefully to keep the problem from becoming worse.
Check the contract
One of the first steps you should take when there’s a dispute with a vendor is to review your contract with that vendor. This sets out the terms of the relationship, including the payment and service terms, deadlines, quality requirements and cancellation rights. It may also contain alternative dispute resolution clauses that can dictate how disputes are handled.
Outline the issue
When you approach the vendor, you should be able to clearly outline the issue that’s causing the dispute. Keep documentation that supports your claim so you can present it to the vendor.
Suggest a resolution
Once you outline the issue with the vendor, tell them what your ideal solution would be. They may agree with the resolution, in which case you can amend the contract to reflect the new terms. If the vendor doesn’t agree, you may have to negotiate new terms or terminate the contract. Disputes with vendors are often easy to resolve, but there are times when legal action might be necessary. Ultimately, your goal is to protect your business. This might be easier if you work with someone who can assist with various aspects of the vendor relationship, from reviewing contracts to enforcing them.
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