Questions answered by Howard Benjamin Hoffman

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Can I be held financially responsible for ordering mistakes and breakage. Made to buy uniforms?

Howard's answer | Answered on April 10, 2014

You are correct that you cannot be made to pay for ordering mistakes or breakage (although you could be fired for it). Additionally, and as a...

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What is a reasonable period of time for a restaurant to pay a server their credit card tips?

Howard's answer | Answered on April 09, 2014

Including credit card tips into paychecks is allowed and can be helpful for employer record-keeping. The timing of when those tips must be paid is...

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I am a tipped server and believe that more than 20% of my time is spent doing non tip producing duties.

Howard's answer | Answered on April 09, 2014

Whether your employer can take a tip credit can be a very factually and legally intensive analysis and I would recommend that you talk with an...

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Drive time while on the clock?

Howard's answer | Answered on March 26, 2014

This is an issue under the "Portal to Portal Act" of the Fair Labor Standards Act. It sounds as if, without knowing more, that you should be paid...

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Ive bend told I would make a certan salary and was payed what was in my job tittle, every time I work a certain amount of hours

Howard's answer | Answered on March 25, 2014

I agree that this sounds like a strategy by an employer to avoid paying overtime. You should consult with counsel regarding your rights.

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In PG county Md...working for 3 months, can I be terminated now for criminal background check? First hours were cut now threats

Howard's answer | Answered on February 24, 2014

I respectfully disagree with my colleague. I believe you should review this matter with an attorney who has their eye on the Federal Fair Credit...

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Is the way my employer is deciding to pay me allowed?

Howard's answer | Answered on February 20, 2014

Sounds fishy. Reminds me of some cases I have worked on. You need to contact an experienced wage/hour lawyer.

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Am I considered an "at-will" employee?

Howard's answer | Answered on February 18, 2014

You are an at-will employee absent an employment contract. But you should talk with a knowledgeable wage/hour lawyer to see if you were properly...

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I don't get paid my overtime rates, what should i do?

Howard's answer | Answered on February 04, 2014

You need to determine whether you are receiving a true salary (meet the salary basis test) and whether your duties are exempt. You should speak...

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Can i sue this employer?

Howard's answer | Answered on January 31, 2014

It is certainly illegal. Contact a lawyer who practices wage/hour law.

Howard Benjamin Hoffman's Answers (544)

Can I be held financially responsible for ordering mistakes and breakage. Made to buy uniforms?

What is a reasonable period of time for a restaurant to pay a server their credit card tips?

I am a tipped server and believe that more than 20% of my time is spent doing non tip producing duties.

Drive time while on the clock?

Ive bend told I would make a certan salary and was payed what was in my job tittle, every time I work a certain amount of hours

In PG county Md...working for 3 months, can I be terminated now for criminal background check? First hours were cut now threats

Is the way my employer is deciding to pay me allowed?

Am I considered an "at-will" employee?

I don't get paid my overtime rates, what should i do?

Can i sue this employer?