Answers Posted By Richard Renner

Answer to Am I eligible for overtime?

Federal and DC wage payment laws require payment of time-and-a-half overtime for most workers. These laws also provide for courts to require the offending employer to pay an aggrieved employee's attorney's fees. For this reason, you can usually find an experienced employment lawyer who will accept this type of case on a contingent basis. You find suitable lawyers at:
https://www.mwela.org/find-a-lawyer
or
http://exchange.nela.org/memberdirectory/findalawyer
Although I do not normally handle wage payment or overtime claims, you are welcome to contact me for referrals.
Richard R. Renner
Kalijarvi, Chuzi, Newman & Fitch, PC
818 Connecticut Ave., NW, Suite 1000
Washington, DC 20006
(202) 466-8696 direct
(202) 331-9260 office
(202) 664-9056 mobile
1-877-527-0446 fax
rrenner@kcnlaw.com
www.kcnlaw.com

posted Jun 13, 2018 06:53 AM [EST]

Answer to What happens when ur friend gets u a job and then ur friend loses his job b cause of lawful action. But I still keep mine but when friend loses job and get his pay he said s that I am his employer and takes my pay check and tells owner he will pay me but

This is obviously a complicated and factually intesive question. Because DC has a good wage theft law, you should not have difficulty finding an experienced employment lawyer who would handle this matter on a contingent basis so you would not have to pay legal fees in advance. You can find employment lawyers in DC at:
https://www.mwela.org/find-a-lawyer
If you contact me directly, I can refer you to laywers who consider taking DC wage theft cases on a contingent basis:
Richard R. Renner
Kalijarvi, Chuzi, Newman & Fitch, P.C.
818 Connecticut Ave. NW, Suite 1000
Washington, DC 20006
(202) 466-8696 direct
(202) 331-9260 office
1-877-527-0446 fax
rrenner@kcnlaw.com
www.kcnlaw.com
Pronouns: he/him

posted May 28, 2018 10:03 AM [EST]

Answer to What can I do about this?

What you can do depends, mostly on what you claim is the real reason for your termination. Like 49 of the 50 states (Montana is the exception), DC follows "employment-at-will." This means that unless there is a contract (such as a union contract) that says otherwise, the employment relationship lasts as long as both sides want it to. You are free to quit (slavery is outlawed), and the employer can fire you for any reason, or no reason at all, EXCEPT for an illegal reason. That means, to make a claim of wrongful termination, you need to point to some law or public policy that makes your termination unlawful. Some of the more common wrongful termination claims arise from discrimination on the protected classes of race, gender (including sexual orientation), color, national origin, religion, age, and disability; concerted activity (talking or acting with coworkers about wages, hours or working conditions), and retaliation for whistleblowing. It is best to talk with a local employment lawyer to assess what claims you might have.

Legal claims have time limits. Each law can have its own time limit, and time limits can range from 30 days (environmental and workplace safety whistleblower claims) to 300 days (most discrimination claims), or a year or more depending on the law. Obviously, the sooner you consult with a lawyer, the better.

If there is no wrongful termination claim, you could still be eligible for unemployment benefits if you have 20 or more "credit weeks" with sufficient earnings.

posted Oct 19, 2017 09:03 AM [EST]

Answer to How would I go about negotiating an employer contributed IRA when the employee turned down benefits?

Unless there is an unusual provision in your plan documents, there is normally no restriction on providing an employee with some benefits, but not others. If you want to make the contributions to the employee's retirement, you can, within the IRS limits.

However, IRAs are "individual retirement plans." Employers can set up 401k or SEP plans and get similar tax advantages. If the employee really wants to put the money in her IRA, then you can just pay her a bonus, pay the employment taxes on it, and let her make the deposit into her own IRA. She could get the IRA deduction, but your payment would be counted as wages.

There may be other tax consequences. You want to be careful not to exceed the IRS limits on retirement contributions. If the employee is a "highly compensated employee" (for example, by being a 5% owner, or by receiving over $110,000 a year), then additional limits or taxes may apply.

Consulting with a tax, benefits or ERISA specialist may help avoid problems down the road.

posted Apr 24, 2017 1:13 PM [EST]

Answer to I was discharged from my maintenance job that required atleast 3 persons to keep up the facility. I was brought in to assist 2 other persons then the company reposition these to coworkers which left me to cover 3 very large faculities over night. I also w

If you suffer retaliation for raising a workplace safety issue, the time limit to make a retaliation complaint to OSHA is 30 days. You can make a complaint at:
http://www.whistleblowers.gov/complaint_page.html
Those suffering retaliation may have additional rights under state or local law. See:
http://www.taterenner.com/stchart.php

posted Sep 21, 2016 10:07 AM [EST]

Answer to Sir: I am a military wife and health professional who accepted a PRN position at a hospital in Maryland in 2015. My immediate supervisor openly pursued and encouraged an environment of sexual inappropriateness with one of the employees. Both of them made

You are welcome to apply to my office for legal services. We have no charge for an initial 15 minute telephone screening, and I might be able to make helpful referrals for you.

Richard R. Renner
Kalijarvi, Chuzi, Newman & Fitch, P.C.
1901 L St. NW, Suite 610
Washington, DC 20036
(202) 466-8696 direct
(202) 331-9260 office
rrenner@kcnlaw.com
www.kcnlaw.com

Our Intake Paralegal can help you make an application: Jasmine Frazier, 202-558-5979, jfrazier@kcnlaw.com

You can also visit the Employment Justice Center clinics:
http://www.dcejc.org/need-legal-help/

posted Jun 23, 2016 09:07 AM [EST]

Answer to I was not paid the final paycheck the day after my termination in DC. What are my options for collecting liquidated damages? Should I file a complaint with DC employment office? Can I also be compensated for legal fees? By the way, they paid once a month,

First, read this fact sheet from DC's Employment Justice Center:
http://www.dcejc.org/wp-content/uploads/2014/10/DC-Wage-and-Hour-Fact-Sheet-Eng-9-2014.pdf
Then, shop around to see if you can get a lawyer to take your case. Keep a written log of your efforts to get an attorney. Visit
http://www.mwela.org/find-a-lawyer
Also, visit EJC's free legal clinic.
If you cannot get a lawyer, ask EJC to review a small claims complaint before you file it be sure you are asking for all the relief you are entitled to.

posted Nov 27, 2015 9:03 PM [EST]

Answer to Is unfair demotion actionable?

It could be illegal if the true motive were unlawful, such as discrimination on account of your race, gender or age (DC prohibits age discrimination for anyone over 18).
Under DC's employment at will doctrine, the boss can fire you for any reason, or no reason, but not for an illegal reason. Many workers chose to protect themselves by organizing a union for this very reason.

posted Sep 15, 2015 7:32 PM [EST]

Answer to Can a person be fired for refusing to drive a vehicle that doesn't meet DOT regulations?

The federal Surface Transportation Assistance Act (STAA), 49 U.S.C. § 31105, 29 C.F.R. Part 1978, prohibits motor carriers from retaliating against employees for (1) raising compliance or safety concerns, (2) refusing to engage in illegal or unsafe conduct, or (3) initiating or participating in official proceedings.

The safety issues are enforced by the Federal Motor Carrier Safety Administration, part of the United States Department of Transportation
http://www.fmcsa.dot.gov/contact-us

The anti-retaliation provision is enforced by OSHA.
http://www.whistleblowers.gov/index.html
OSHA's brochure for STAA cases is at:
https://www.osha.gov/Publications/OSHA-factsheet-whistleblower-trans-sector.pdf
You can file an OSHA complaint at:
http://www.whistleblowers.gov/complaint_page.html

The time limit to file a retaliation complaint is 180 days from your first notice of each adverse action.

I recognize that just because it is illegal to retaliate does not mean that retaliation will never happen. Retaliation for raising safety issues is one reason why many truck drivers have chosen to organize unions.

If retaliation does happen, I hope it is helpful to know that remedies exist. If OSHA finds a violation, it can order reinstatement, back pay, compensatory damages, punitive damages (up to $250,000) and attorneys fees and costs.

More information is available at:
http://www.kcnlaw.com/Practice-Areas/Whistleblowers.shtml
http://truckersjusticecenter.com/

posted Jun 5, 2015 09:55 AM [EST]