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Department of Labor Questions

The Department of Labor is an extension of the US government in charge of occupational safety, wage standards, unemployment insurance benefits, and re-employment services. The Department of Labor was established to oversee the improvement and advancement of working conditions for wage earners, people seeking jobs, and retirees living in the United States. The DOL oversees more than 180 federal laws that regulate workplace activities. Take a look at the questions below that have been answered by Experts.

Can NY State Department of Labor seize property and accounts held jointly in a marriage? What if the debt was made before marriage?

According to NY law, a joint account is considered to be owned entirely by those who are listed on the account. This means that the state can place a lien on the account which holds the name of a debtor. This includes joint accounts and it will be up to the person who shares the account with the debtor to prove how much of the account belongs to them and not the debtor.

If you haven't been served the notice of a lien yet, you still have time to transfer your share of the account into another account with only your name listed. You can also do this to protect your property that isn't shared by the person listed as a debtor. If the debt occurred before you were married, it would be considered a separate debt and marital property couldn't be seized for a debt that occurred prior to your marriage.

Is the Department of Labor subject to HIPAA Confidentiality requirements. Specifically, can DOL obtain records from a physician without the consent of the employee?

During an investigation, HIPAA doesn't have the ability to block law enforcement or other regulatory agencies from accessing personal information if it pertains directly to the investigation. However, HIPAA can prohibit any disclosure o the personal information outside of that agency that accesses the information.

Due to the direct involvement by the Department of Labor regarding a worker's physical condition, it wouldn't be hard for them to access medical records in a legal manner.

If all else fails, the medical records could always be accessed by way of subpoena. In the event of legal action, if the person's physical health plays a part in the lawsuit, there really isn't any way for the person to stop the opposing side to gain access of their medical records by way of subpoena.

I received a letter from Department of Labor stating I misrepresented my employment status and was working and receiving unemployment benefits. At the time I was working, then laid off then working it was a difficult time and most of the time I didn't report the earnings correctly...it wasn't willful misconduct they want $14,600 back, how do I handle a response to them?

If you have reported a portion of the income that you received, but not the full amount, this would be viewed as willful misconduct and/or fraud. There is a possibility that you could face a felony welfare fraud prosecution.

You should consult with an attorney before you respond to any of information that you have received. You shouldn't say anything to anyone about this matter by letter, email or phone conversation. It may be best for the attorney to respond to them. By allowing the attorney to correspond with the other party, you may avoid criminal charges and just have to repay the money owed. If you try to take this on by yourself, you could potentially harm any chances that you may have of settling out of court.

I just received a letter in the mail from the department of labor requesting an explanation of why I failed to report employment and earning. What type of satisfactory explanation can I provide? It was for a month and a half of work that ended.

Usually, when a person fails to report income, it is considered unemployment fraud. Relax; there is unintentional fraud and intentional fraud. The best thing for you to do at this point is to be completely honest with the Department of Labor. You will have to pay the money back regardless of the reason given. Remember, honesty truly is the best policy. Any statement that you make that isn't true will be considered fraud. If it is unintentional fraud that was committed, you will be expected to pay the money back and maybe interest added. However, if you are found to have committed intentional fraud, the outcome could be much worse.

The Department of Labor regulates the activities of the workplace and assists those people who work, are seeking work, and the retirees within the United States. If you have questions or concerns regarding the Department of Labor, you should ask an Expert for informative and professional insight.

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Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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13 Lawyers are Online Now

How JustAnswer Works:

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Tina
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