7635 Main Street Fishers, Fishers NY 14453

Protecting Employee Rights

Employment law attorneys generally represent either employers or employees – Ferr & Mullin represents employees and has recovered millions of dollars for clients.

There are many laws that protect employees in the workplace – some federal and some state. These laws govern a wide range of issues, from discrimination to proper pay. Ferr & Mullin focuses its employment law practice on proper pay for employees.

All Consultations are free. Call Ferr & Mullin at 585-869-0210 for a free consultation, or email a question and an attorney will respond.

There are many ways in which employees can be paid incorrectly, including:

Salary

Many people believe that if you are on salary you can be made to work as many hours as the employer wishes without additional pay, but that is not always correct. Only certain types of jobs qualify for salary, and they typically require that the person have a specialized degree or directly supervise one or more people. It is important to remember that the actual job duties determine whether salary is permitted, not the job title. Also, there is a minimum salary that must be paid. It also does not matter if the employee agreed to be paid by salary. If an employee is improperly paid salary and not paid time and a half for overtime, the employer is liable for back pay for that overtime. Ferr & Mullin has recovered hundreds of thousands of dollars in unpaid overtime for people who were improperly paid by salary.

Off-the-Clock Work

Employers sometimes require employees to work off the clock. Sometimes it is a small violation like making people start work five minutes before the time they are scheduled. Often it is more significant such as in cases where employees are required to stay past their scheduled finish time without being paid. A common violation is requiring employees to work during meal periods that they are not paid for. Employees must be paid for all the time they work, and Ferr & Mullin has recovered hundreds of thousands of dollars for unpaid work time.

Hospitality Industry

The hospitality industry is full of wage violations. These include paying servers less than minimum wage for work that is unrelated to serving. Tipped employees are often subject to violations such as improper rules requiring tip sharing with non-tipped employees such as cooks and managers. A common violation is when banquet customers are charged a service or administrative charge, but that money is not fully distributed to the service staff. Ferr & Mullin has recovered millions of dollars in cases involving improper tip handling.

Delivery Drivers

Pizza drivers, and other delivery drivers who work for tips, are routinely treated illegally. Many drivers are paid minimum wage or less but have to use their own vehicles. This is against the law because it means that the employee is actually being paid less than minimum wage. In addition, many pizza companies charge their customers for delivery but keep the money instead of giving it to the drivers. This is against the law unless it is clearly explained to the customers in writing. Ferr & Mullin has recovered millions of dollars in cases involving such charges.

Call Ferr & Mullin at 585-869-0210 for a free consultation,
or email a question and an attorney will respond.

*All Rochester photos courtesy of Guy Conglio - childhood friend and uber talented local artist