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Howard Benjamin Hoffman

Howard Hoffman’s Answers

208 total


  • I've been working at a job for 6 weeks, and haven't been paid at all! What can I do?

    I started a new job 7 weeks ago. I worked for 6 weeks, and have yet to see a paycheck. I've tried to work with my supervisor, I've called corporate 4 times, and haven't received any assistance in this matter. I'm at a point where I need to my mone...

    Howard’s Answer

    Totally unacceptable. I would either talk with a lawyer who has the time to immediately send a complaint letter on your behalf or file a complaint with the US Department of Labor - they would be the slower of the two options.

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  • I was fired from my job after an accident. Is this company allowed to take my entire pay check without informing me?

    I went through an underpass that was too low for the company van. The only damage was the ladder rack got knocked off. I then lost my job. Today I was supposed to receive my pay, only to have my card declined. I reached out to one of the bosses a...

    Howard’s Answer

    No - not legal unless you consented to it, and even if you consented to it, you always have the right to receive your minimum wage. There was actually a famous case involving this very fact pattern.

    Contact a wage/hour lawyer - someone who is knowledgeable and will talk with you on a gratis basis.

    Thanks,

    Howard B. Hoffman

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  • Doctors office not paying overtime and bad practices.

    My wife works at a doctors office and they are extremely busy, she works over 8 everyday, the office has not been paying her overtime and when she confronted them, they said Wednesday's are a flex day so if you're over, then you'll leave early Wed...

    Howard’s Answer

    Your wife should begin tracking her work time and there is "an app for that!" Yes, the US Department of Labor has an app that allows workers to track their time, so your wife can have an accurate record of her actual hours worked.

    If she is interested in pursuing an unpaid overtime claim, she should contact a lawyer who is experienced in wage/hour disputes and who will both talk with her on a gratis basis and who, if he/she accepts the case, will NOT take a percentage (contingency) of the amount collected (attorney fees are separately recoverable).

    The other half of your question is not something that an employment lawyer would know off the cuff. HIPAA violations can be reported to Health and Human Services (HHS), and contacting the Maryland insurance administration regarding the insurance reimbursement scheme might be a good place to start with that issue.

    Howard B. Hoffman, Esq.

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  • Can my employer short me 7 hours pay per week?

    I work overnight at a gas station. I work 40 hour weeks and work 5 days in a row. Because our time clock resets at 12:00 am, 7 hours of my time for the pay period gets pushed to the next period. As such I am 7 hours short every paycheck. Is this l...

    Howard’s Answer

    I am not sure whether I see the problem here. Even if they cut off the workweek at midnight, and push the time forward, that time spent after midnight would be added to your time in the following week - still making it eligible for overtime. A small time clock type issue like that is an appropriate inquiry to make to the Arlington office of the U.S. Department of Labor. An investigator should be able to provide you some assistance.

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  • Can my employer change me from Non-Exempt to Exempt status even if my hiring paperwork I signed states my position is non-exempt

    I have worked for this company for 2 yrs as a non-exempt RN Case Manager. During the 2 yrs we have not been paid for all the over time worked or limitations were put on how many hours we could turn in for OT even if the job workload increased and...

    Howard’s Answer

    Overtime rights for Registered Nurses can be tricky. However, generally speaking, a Registered Nurse can be an exempt "white collar" professional is they are paid a salary of at least $455/week. You should contact a lawyer with experience in wage/hour matters in health care industry. The explanation given to you is highly suspect.

    Unlike the other lawyers, I would not contact the US Department of Labor. While they are very aggressive in the Virginia area, the time spent in the "investigation" may cause you to lose valuable overtime rights. I would encourage you to talk to a lawyer, who would be prepared to promptly file suit on your behalf.

    Howard B. Hoffman

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  • Last pay check and overtime claims

    I filed claim before labor department. The department, how ever, refused to process my claims and advised me to go to court. Does the 2 year time limit extends as I spent about a year to hear from Investigator. I want to file a claim in district...

    Howard’s Answer

    Unfortunately, in the absence of a tolling agreement, the two year statute of limitations may not be "tolled" simply because the case was being investigated by the DOL. The US Department of Labor in the Virginia field office are usually very diligent - surprised to hear this outcome. You need to retain an experienced employment attorney RIGHT AWAY!

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  • Can I get out of a 1-Year employment "commitment"

    My boss required us to sign a 1-year commitment or pay back $1500 in "training costs" (we were never sent for any training). That was based on an initial job offer letter that I accepted. He is now (6 months later) restructuring my pay plan for al...

    Howard’s Answer

    In my experience, bully bosses use contracts like this to try to deduct from (steal) your last paycheck. (This is aside from any irregularities in the contract or contract formation, that might prevent enforcement).

    If he deducts your last pay, and takes you below the Federal minimum wage, then you have a legal action against him which can quite pricey for him to handle, defend, and settle.

    You should contact an employment lawyer with experience handling these sorts of claims.

    Thanks,
    Howard B. Hoffman
    Admitted in Virginia

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  • Is an employer required to give employees a pay stub? also what can be done if an employer refuses to pay for hrs worked?

    My former employer refused to give me a pay stub, ever! and is now refusing to pay me for hours that i worked. To top it all off when i confronted him about it all, i got fired. What can I do about my situation??? HELP!!! One of the girls working ...

    Howard’s Answer

    Your situation sounds like you work in a restaurant or other tipped establishment. To answer your questions:

    (1) Your employer is required to pay for all hours worked.
    (2) Generally speaking, an employer cannot fire you for complaining about not being paid at least the minimum wage or overtime.
    (3) It is not uncommon for a tipped employee to pay taxes to the IRS - if you are receiving $2.25/hour in wages, that may be insufficient to cover taxes on tips that have been claimed.
    (4) IF YOU ARE NOT a tipped employee, then payments of $2.25/hour to you may not cover the minimum wage.

    You should contact an attorney knowledgeable about wage/hour matters and willing to review your termination. You may be owed back wages but your termination may not be actionable.

    Howard B. Hoffman, Esq.
    [redacted]

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  • Can I fix this situation? Can I start use payroll with deduction with taxid's? I need help

    I opened my company in August 2015, I work as a subcontractor. To all my employees give them 1099 because ask them their ITIN Number. Last week DLL Maryland became one of the works and took 5 of them and asked them a series of questions about how ...

    Howard’s Answer

    DLLR wants to insure that you have worker's comp, that you are taking payroll deductions (and hence the government is receiving tax revenue), and that you are paying overtime. They are not in charge of immigration enforcement, but a lack of work authorization may create issues with respect to the ability to withhold income.

    You can review this IRS publication concerning nonresident income tax withholding - https://www.irs.gov/publications/p515/ - I do not know of a similar MD publication.

    You need the assistance of an employment law and an accountant to straighten this mess out (to the extent that there are any answers). I have to say, that in all likelihood, this sounds like a sham subcontractor relationship, which you agreed to at the urging of an "employer," and you are being left with the short end of the stick. The workers that you pay are likely employees of the the "company that employs" you. The headache that you have should be someone else's headache.

    Howard B. Hoffman, Atty at Law
    Rockville, Maryland
    301-251-3752

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  • My employer has failed to pay me the last 3 pay periods. How do I take this to court & how much/what can I sue for?

    I have a current issue with not getting paid. Before I begin, I would like to say that I believe my GM has a personal dislike for me for some reason and is trying to make my life at work difficult. On to the issue- three paychecks have gone by (6 ...

    Howard’s Answer

    Find an employment lawyer in the area to properly document and demand the unpaid wages and damages your owed.

    Howard B Hoffman, Esq
    www.hoholaw.com

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