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Howard Benjamin Hoffman

Howard Hoffman’s Answers

175 total


  • Should my pay rate fluctuates every pay?

    Been working at my new job since March and asked human resources about my payrate. My base rate is $13.75 I suppose to get $1.50 shift differential and on weekends when I work get $2.00 more added on. Sometimes my pay rate is more or less. All was...

    Howard’s Answer

    If an employer constantly fluctuates the regular rate up and down, it may be a scam to underpay overtime. You should talk with a lawyer who is experienced in these specific type of claims.

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  • I came back from vacation and my boss informed me that I was no longer a dispatcher but had a different job. Can they do this?

    I am 6 months pregnant and the boss has voiced his displeasure with me having a second child and taking my vacation and maternity leave. I have been with the company on salary working Monday through Friday but am being called at all hours of the ...

    Howard’s Answer

    First, you may have a claim for unpaid overtime - I had a similar dispatcher case a number of years ago and many employers wrongly think that they do not have to pay for your time because you are not dispatching at all hours. WRONG!

    Second, the hostility that you feel may be directed at you based on your pregnancy, and so you may have additional rights under Federal or State law.

    I think you should contact an employment attorney who has experience in handling these sorts of claims. Look to talk with someone who will give you a gratis consult.

    Howard B. Hoffman
    www.hoholaw.com

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  • Owe job $1500.00 do I still pay

    3 month into my job I damage a customers vehicle I was told that I had tp pay for the damages which totaled to $1500.00 I was then told that $100.00 per check I was getting dock to pay for damages 6 months later I get fired and they take my entir...

    Howard’s Answer

    This is a minimum wage violation and a potential violation of the Maryland Wage Payment and Collection Law. I would NOT contact DLLR but would rather contact a lawyer who specializes in these sorts of wage/hour cases and who would handle your case without a fee charged to you. I would be happy to assist.

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  • Do I need an employment Lawyer

    I worked for a company for about 10 months. The company downsized to the point where I worked the equivalent of three positions at the company with no raise in pay. Ive had issues with the proper hours showing up on my checks, Both wages and tips,...

    Howard’s Answer

    In a word, "yes." Yes, you should talk to an attorney experienced in wage/hour matters as it sounds like they may not have properly paid you. The denial of UI benefits is not something that may be remedied, particularly if the period for any appeal has expired.

    Howard B. Hoffman
    (301) 251-3752

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  • Internship Payment

    I’m currently doing an internship on a tourist visa, my employer says he can´t pay me because of that… I was wondering if there is a legal way for him to reattribute my work without doing anything illegal.

    Howard’s Answer

    Under the Fair Labor Standards Act, an internship may have to be paid (although they may not be paid, too - it just depends). Your status as a B visa holder is not at all dependent on the right to be paid - that is NOT a factor.

    So I would encourage you to review this matter with a wage/hour lawyer who is knowledgeable of immigration laws, as well.

    Howard B. Hoffman
    www.hoholaw.com

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  • Ok I clocked out at 10 minutes after the hour I was supposed to get off the manager manually changed my time

    To say I clocked out at 7 minutes after so I wouldn't get the extra 15 mins of pay. Is that legal?

    Howard’s Answer

    Did you work the extra 10 minutes or did you just clock out late? To short you 3 minutes may be "de minimis," and not recoverable. Is this a systematic issue at your workplace. I think most attorneys would need more facts before reaching any conclusion here.

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  • Should a pay raise be demanded?

    I'm a hostess in a sports bar concerned for fair pay wages of waitress here. Prior to recent law changes, all tabs automatically had 15% gratuity added which was given at the end of shifts. According to the owners state law changed to those tips b...

    Howard’s Answer

    State law has only changed insofar as the regular minimum wage increased. It did not change with respect to how tips were to be paid. It is hard to understand exactly what you are describing. Your friends need to find an experienced lawyer in restaurant wage cases, and should be able to consult for free with an attorney. I have considerable experience in restaurant wage cases.

    Howard B. Hoffman
    www.hoholaw.com

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  • Injured on a job where I was paid cash. surgery n lot of med bills. The owner fired me that week. Can I sue? What r my options?

    I've been working @ this bar for 10years under the table. Last week, the owner as always, negligently stacked hazardous material (pile of luggage) behind the bar. We (the employees) had complain numerous time and express our concern about safety ...

    Howard’s Answer

    You should absolutely talk with a lawyer about this. You have a worker's comp issue, as well as other issues involving the termination and (probable) wage/hour violations (for working "under the table").

    I have handled cases like this.

    Howard B. Hoffman
    (301) 251-3752 - www.hoholaw.com

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  • Can an at-will employee in Maryland lawfully be fired for refusing to sign an "agreement" to arbitrate employment disputes?

    The employee is a server (waitress) at a national-chain restaurant in Maryland. She and her fellow servers are being asked to sign a "Mutual Agreement to Arbitrate Claims." The document appears to be procedurally and substantively conscionable. It...

    Howard’s Answer

    I don't agree with the other response; there are issues under the National Labor Relations Act to consider in these circumstances even if the individual is "at will." I noticed that this is a third person question - are you an attorney?

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  • I am owed money for hours worked and a returned check plus fees and the employer refuses to pay me.

    I work as an engineer in the hospital,which hires the company I work for to fill their open slots.I worked a number of hours and this contract company refuses to pay me no reason given.I have copies of texts and letter I sent to the person who wri...

    Howard’s Answer

    You just need to contact a lawyer and interview them. Find a lawyer with specific knowledge in this field who has handled similar cases.

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