Government Relations & Policy Advocacy
New York’s restaurant and hotel industry operates inside one of the most legally complex environments in the country. Restaurant owners and hotel operators face relentless wage and hour enforcement, aggressive government agency investigations, high-stakes partner disputes, intricate commercial real estate negotiations, demanding capital structures, and a regulatory landscape that shifts without warning. When the stakes are highest, you need an attorney who has spent their career at the intersection of law and the hospitality business — not a generalist who visits it occasionally.
Government Agency Investigations & Audits
I represent hospitality employers before every agency with jurisdiction over New York employment matters:
- NYSDOL — wage and hour audit response, investigative methodology challenge, settlement negotiation
- USDOL / Wage and Hour Division — FLSA audit response, back-wage computation challenge
- EEOC — charge response, position statements, conciliation, and federal litigation
- NYSDHR — complaint response through ALJ hearing and appeal
- NYCHRC — NYC Human Rights Law proceedings, Fair Chance Act defense
- NLRB — unfair labor practice charge defense, NLRA-compliant policy review
- OSHA / NY PESH — citation response, workplace safety compliance
What government agencies investigate New York restaurants for employment violations?
New York hospitality employers are subject to investigation by a substantial number of agencies, each with distinct jurisdiction and investigative procedures:
- NYSDOL — wage and hour violations under the NYLL, including minimum wage, overtime, tip credit, spread of hours, and recordkeeping
- USDOL / Wage and Hour Division — FLSA violations, including minimum wage, overtime, and FMLA administration
- EEOC — federal discrimination and harassment charges under Title VII, ADEA, ADA, and GINA
- NYSDHR — discrimination and harassment complaints under the NY State Human Rights Law
- NYCHRC — discrimination, harassment, and retaliation under the NYC Human Rights Law; Fair Chance Act violations
- NLRB — unfair labor practice charges; union organizing; NLRA policy compliance
- OSHA / NY PESH — workplace safety violations, including kitchen hazards, chemical exposure, and violence prevention
- DHS / ICE / USCIS — I-9 audits and employment authorization compliance
Investigations by multiple agencies frequently run concurrently, requiring a coordinated response strategy.
What happens during an EEOC investigation of a restaurant?
An EEOC investigation begins when an employee files a charge alleging discrimination or harassment. The EEOC notifies the employer and requests a written Position Statement responding to the allegations. This document — which is provided to the charging party — is one of the most consequential in the entire proceeding. A well-structured Position Statement that presents the employer’s factual and legal defense clearly can lead to an early dismissal. A weak or incomplete one gives the EEOC investigator and the charging party’s attorney a roadmap for the litigation that follows.
After the Position Statement, the EEOC may request additional information, interview witnesses, or propose mediation. If the EEOC finds probable cause, it will attempt to conciliate (settle) the matter. If conciliation fails, the EEOC may file suit on the charging party’s behalf, or issue a ‘right to sue’ letter allowing the employee to proceed in federal court independently. The outcome depends heavily on how the employer’s response is managed from the first day.
What is the NYC Commission on Human Rights, and why does it matter for restaurant employers?
The NYC Commission on Human Rights (NYCHRC) enforces the NYC Human Rights Law — one of the broadest anti-discrimination statutes in the country. It covers employers with as few as four employees (vs. 15 for Title VII); applies to more protected classes including immigration status, caregiver status, and height and weight; prohibits a wider range of conduct; imposes strict liability on employers for supervisor harassment without the federal Faragher/Ellerth defense; and allows civil penalties of up to $250,000 per violation in addition to compensatory and punitive damages.
For New York City restaurant employers, the NYCHRC is frequently the most consequential agency they will face — both because of the breadth of the law it enforces and its history of active enforcement in the hospitality industry, including investigations of tip credit practices and Fair Chance Act hiring compliance.