Samuel L. Drukman, Esq., Attorney At LawSamuel L. Drukman, Esq., Attorney At Law2026-07-06T18:19:45Zhttps://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 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 New York labor rules can change, and waiting too long may leave your business using outdated policies.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.
]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[Employers: How to handle reasonable accommodation requests]]>https://www.drukmanlegal.com/?p=473972026-05-20T13:35:01Z2026-05-20T13:35:01ZReasonable accommodation requests require employers to balance employee rights with workplace operations and business realities. When handled improperly, these situations increase the risk of disability discrimination claims and workplace disputes that can be expensive and disruptive to operations.
Employers are generally expected to respond through a structured interactive process instead of making immediate assumptions or informal decisions. Clear communication and careful documentation often play an important role throughout the process.
Review the accommodation request carefully
Once an employee or applicant requests an accommodation, employers should evaluate how the request relates to the individual’s job duties and workplace limitations. This review may involve discussions about medical restrictions, scheduling concerns or possible workplace adjustments. A thoughtful review process may help employers identify practical solutions before conflicts develop further.
Approve or deny accommodations in writing
If the accommodation request is approved, employers should generally provide written confirmation explaining the approved adjustment and when implementation is expected to occur. Written documentation may help reduce confusion and create a clear record of the accommodation process for both the employer and employee. Denials, too, should be written, so that there is no confusion about what was said or why the accommodation wasn’t possible.
Evaluate alternative accommodations
In some situations, the requested accommodation may not be workable because of operational, financial or safety concerns. Employers may still need to consider whether another accommodation could address the employee’s limitations more effectively. Exploring alternatives demonstrates that the employer participated in the interactive process in good faith.
Maintain records and internal review
Accommodation decisions often involve sensitive employment law issues. Employers may benefit from maintaining organized records involving communications, medical information and decision-making steps throughout the process. Internal review by supervisors or human resources personnel may also help identify concerns before a final decision is issued.Because accommodation decisions may create significant employment law risks, seeking legal guidance may help employers evaluate requests appropriately and maintain compliance with workplace obligations.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[Must NY homesellers disclose deaths on property?]]>https://www.drukmanlegal.com/?p=473952026-05-06T18:22:37Z2026-05-06T18:22:37ZIf you are attempting to sell your New York home, you definitely want to highlight its best features and amenities while minimizing anything that could detract from the sale of the property. Real estate disclosure laws vary by state, but all states disallow sellers (or their agents) from lying about property conditions to close the deal.
But what, exactly, must be disclosed? What about any deaths or homicides on the property?
NY has seller-friendly disclosure laws
Most older properties have been the site of deaths in the past. As New York was granted statehood in 1788, it stands to reason that older properties on the market fall into this category.In New York state, sellers and agents must respond truthfully to questions, but have no obligation to disclose deaths of any type known to have occurred at the property.
Why this is relevant
Homebuyers can look for any excuse to back out of a sale. Some may attempt to cancel a closing by claiming they were unaware of deaths that have occurred at the location. However, fewer may claim that normal deaths attributed to aging or illness are a major roadblock to buying the property.Notorious homicides, suicides and other unusual or violent deaths occurring there may be real stumbling blocks for home sales, however. In all cases, though, pointed questions must still be answered truthfully even when no death disclosures are required.
Protect yourselves legally at all sale points
The best way to avoid problems with a home sale or property purchase is to retain the services of a trusted legal advocate with experience dealing with New York’s real estate laws.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[What if you die without a will?]]>https://www.drukmanlegal.com/?p=473922026-04-17T12:28:45Z2026-04-17T12:28:45ZWhen you write a will, it gives you a chance to make decisions regarding how your assets will be distributed to specific beneficiaries. This includes tangible assets, financial assets and much more.
If you die without a will, it is known as dying intestate. In that case, state law will dictate exactly what happens to the assets you own at the time of your passing. You have less control over how those assets are distributed, which is why it is beneficial to be proactive about writing a will.
The general succession plan
New York has state laws in place determining who should receive assets if you do not have an estate plan.If you have a surviving spouse and a child, for instance, your spouse will receive $50,000 and then 50% of your remaining estate. The rest of your estate will be left to your child. This essentially splits your estate in half, but it does provide slightly more money for your surviving spouse.If you only have a surviving spouse and no child, then your spouse gets the entire balance. If you do not have a surviving spouse, but you do have a child, then it is the child who receives the entire balance.Furthermore, if you do not have a child or a surviving spouse, but one or both of your parents are still alive, then they will receive the balance of your estate. Essentially, the law sets up a succession plan with an order of importance that has to be followed.
Drafting an estate plan
Along with not having a say in how assets are distributed if you do not have a will, more of your assets may have to be paid out in taxes, keeping less of your money in the family. This is just one of the reasons why it is important to understand what legal steps to take to draft a will in advance.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[3 tactics interfering with unionizing that may violate worker rights]]>https://www.drukmanlegal.com/?p=473902026-04-02T16:28:59Z2026-04-02T16:28:59Z1. Threatening employees for unionizing
Managers and other company leaders may try to identify the employees involved in organizing others or communicating with union officials. They may then attempt to deter those workers from continued efforts by threatening them with termination, demotions or other consequences.
2. Making promises for refusing to participate
In some cases, employers may offer perks to workers who reject unionization. For example, they might promise bonuses for workers who agreed to vote against unionization proposals. Such promises are often empty and primarily serve to manipulate workers.
3. Inappropriately monitoring workers
Companies may attempt to spy on employees in private spaces or while they are not on the clock as a means of determining if they intend to unionize. They may also escalate on-site surveillance efforts, possibly without disclosing any recording taking place to the employees.
Workers facing unlawful pushback during their attempts to unionize may need help understanding and asserting their rights under federal and state labor laws. Discussing questionable employer conduct with a lawyer can help employees who have faced retaliation or threats hold businesses accountable for inappropriate conduct.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[How can a business bankruptcy affect a commercial lease?]]>https://www.drukmanlegal.com/?p=473882026-03-14T20:00:20Z2026-03-14T20:00:20ZThere are three options for a business lease during bankruptcy
Federal bankruptcy regulations include provisions for executory contracts. Contracts that impose ongoing obligations may require a decision from a business leader during the bankruptcy process.
There are three standard options for a commercial lease during bankruptcy. Lease termination is common in cases where a business owner files a Chapter 7 bankruptcy to prepare for dissolution. Termination may also be necessary during restructuring if the company intends to close multiple locations to streamline its operations.
Other times, it may be possible to reaffirm the lease. The company can agree with the commercial landlord to continue the lease as written.
Finally, lease assignment may be an option. If the lease itself does not prohibit assignment to an outside party, the commercial tenant navigating bankruptcy can potentially find a replacement tenant to assume the remainder of their lease.
There are benefits and drawbacks to each of those solutions, and business leaders may need guidance as they start preparing for bankruptcy as a result. Reviewing a commercial lease and bankruptcy plans with a commercial law lawyer can help owners and company leaders appropriately address commercial lease obligations in ways that reflect their unique needs and circumstances.]]>On Behalf of Samuel L. Drukman, Esq., Attorney At Law<![CDATA[When is judicial contract rescission beneficial?]]>https://www.drukmanlegal.com/?p=473862026-03-03T17:43:22Z2026-03-03T17:43:22ZThere are numerous different ways for the civil courts to address contract disputes. Frustrated individuals and business leaders can request damages from parties in breach of an agreement. They can ask for the courts to issue injunctions or orders of specific performance to uphold the terms of the contract.
They may also want to consider asking a judge for rescission. Contract rescission is effectively the judicial termination of contract obligations. What circumstances make rescission an appropriate solution for a contract dispute?
When the contract is strong
Contrary to what some people assume, a single breach of contract by one party does not necessarily end the other obligations imposed by the contract. If the contract is still enforceable despite a recent breach, asking for rescission can help end the obligations that each party has.
When continued cooperation is problematic
A breach of contract can lead to a significant decline in the dynamic between the parties. One party may no longer wish to do business with the other because they have proven unreliable or willing to take liberties with the terms of the contract. In cases where continued obligations could lead to additional disputes and breaches, asking a judge to officially cancel the contract by issuing rescission may be the best possible outcome. Plaintiffs can ask for rescission in addition to other remedies in many cases. Discussing the nature of a contract breach and reviewing the agreement with a legal professional can be helpful for those frustrated by a contract dispute. People who understand the different options available during business litigation can seek the most appropriate remedies for contract disputes.]]>