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Neil Hyman’s Answers

91 total


  • Do i need a lawyer for unpaid over time?

    my employer doesnt want to pay my over time, because they say i cant prove it. but i say we clock in and out using a time clock that is on a computer. so they should have records on it. what can i do?

    Neil’s Answer

    If you have worked overtime and have not been paid, you should seek legal assistance immediately. The employer is required to keep a record of your time and should have the information to establish whether or not you worked overtime.

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  • Can a dealership service manager take money from me for the cost of parts I damaged while working on a customer's car?

    My dealership service manager routinely charges employees for cost to the dealership caused by the employee i.e. miss diagnosis, scratches to panels, rental cars for the customer for comebacks. I don't want to lose my job, but this seems wrong si...

    Neil’s Answer

    Unless you signed a document authorizing deductions from your paycheck for damages, loss to the dealership or other costs directly caused by your work, they cannot take money from your paycheck. This is potentially a violation of the Maryland Wage Payment and Collection law. You should speak with an attorney to fully understand these deductions and whether or not you have any claims.

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  • Question if my company is doing things illegally.

    My production manager changes the installers times so they are at or under 40 hours a week. Most of these installers are working about 55 to 60 hours. My PM tells them if they want the work they will be under 40 hours so he tells them to clock in ...

    Neil’s Answer

    The installers should immediately go see an attorney to discuss the possibility of an overtime claim under the Fair Labor Standards Act.

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  • Is it legal for a company to stop paying 2 or 4 sales reps while they wait to close an asset purchase?

    Two of four sales reps are commission only. The other two are friends of the family. The company is being bought and the closing is delayed. The two non-friends of the family are being asked to come to work without the ability to earn any commissi...

    Neil’s Answer

    The company is required to pay you at least minimum wage for the hours that you work. If you are unable to earn any other income while you are waiting for a commission to be paid, you may have a claim for the company's failure to pay you those minimum wages.

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  • Should I be paid for my last two weeks if I put in my letter of resignation, but the employer chose to send me home that day

    I put inmy letter of resignation with a two week notice. However, my employer chose to send me home the same day, now I am being told they do not have to pay me for my final two weeks. I work in the state of Maryland, which is a "at will" state ...

    Neil’s Answer

    Your employer can choose to terminate you at any time. Giving a two week notice does not guarantee your job for the final two weeks. You are entitled to be paid any accrued leave time and other wages (bonuses, commissions, etc...) that you have earned prior to your last day.

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  • Computer Support and Salaried current case law.

    Reading most review of Salaried Exempt I get the following: " if you are given a specific place to work, specific hours to work, under specific standards, subject to direct oversight and inspection, then you are probably not exempt and fall und...

    Neil’s Answer

    Many IT jobs are not exempt and must be paid hourly plus overtime if you work more than 40 hours in a week. You need to speak to an attorney to better understand if you have an FLSA claim.

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  • Can an employer lower yearly salary for any reason.

    I am a salaried employee in NC, my employer recently tried to lower my salary by $10,000 a year, even know I have a letter saying it would never go below a certain point.

    Neil’s Answer

    In general, if you are an at will employee, your employer can change the terms and conditions of your employment at any time. However, the letter stating that your salary will never drop below a certain level is likely an enforceable agreement to maintain your salary at that level. Any change below that level may be a breach of contract. You should speak to an attorney to figure what your options may be to reinstate your minimum salary.

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  • Can an employer transition active employees to 1099 status. If so what law is this and can I find in the dept of labor site.

    I am in the mental health field and we have heard that other agencies are now transitioning their direct care staff from being employees to contractors.

    Neil’s Answer

    The question of whether you are an employee or a independent contractor is determined by your duties and more importantly, who controls your work. If your scope of work and responsibilities does not change, then it is likely that the change from employee to independent contractor is improper.

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  • What are employee rights if they are exempt, I know that the employeer can work them for x amount of hours but what is to much?

    if you are exempt what are your rights can your employer over work you ?

    Neil’s Answer

    If you are truly exempt, there is no limit to the amount of hours your employer can require you to work. The determination of your exempt status relies on a number of factors. If you have any reason to believe that you are not truly an exempt employee and should be paid an hourly wage and OT for any hours over 40 that you work in a week, I urge you to speak to an attorney to help you make that determination.

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  • Can an establishment take someone off of scheduling due to change in management?

    A friend of mine was taken off of the schedule from one of her jobs because the HR proclaimed that she could not work at two establishments runned by the same management. Henceforth, she was taken off of the schedule of one establishment which she...

    Neil’s Answer

    Employment in Maryland is at will, meaning you can be fired at any time for any reason. Unless your friend has a contract for a specific term or that entitles her to severance or some other compensation, her employer is free to terminate her employment at any time.

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