Gilman and Pastor, LLP's employment attorneys have been committed to protecting the rights of workers in a wide range of employment cases. There are over 150 million workers employed in the United States.

A skilled employment attorney must enforce state and federal laws which protect employees' labor rights and benefits, prohibit discrimination in the workplace on the basis of gender, age and race and protect the safety of employees in the workplace.

The Firm's employment attorneys have over 30 years of experience in handling difficult employment matters. Gilman and Pastor, LLP has fought for and protected the rights of minorities and individuals who are powerless to go against established institutions alone.

If you or a family member have been injured or damaged in one of the following employment areas, please contact us and our employment attorneys for a free consultation of your case.

• Wrongful termination


• Employer tipping violations


• Being misclassified by your employer


• Failing to pay the proper rate for overtime hours worked


• Payment for off the clock work


• Failure to pay for break time and/or meal time


• Employment discrimination or harassment based on race, gender (including sexual harassment), religion, national origin, sexual orientation, age or pregnancy


• Discrimination or harassment (including sexual harassment)


• Relations against a person who made a discrimination or harassment complaint or who supported another’s discrimination or harassment complaint


• Failure to give meal breaks or rest breaks


• Breaching a written, oral or implied contract


• Whistleblower retaliation

For more information, contact us.

Federal Express (FedEx)
We are investigating claims against overnight delivery giant FedEx regarding allegations that FedEx is violating its employees’ overtime rights. Among these allegations are that FedEx classifies many of its drivers as independent contractors, misclassify their ground delivery personnel as exempt from the Fair Labor Standards Act (FLSA) overtime pay requirements, and otherwise fail to properly classify and pay their employees overtime pursuant to the FLSA.

International House of Pancakes (IHOP)
We are investigating claims against IHOP regarding current and former employee claims that IHOP is violating its employees’ overtime rights. Among these allegations are that IHOP misclassifies its servers, cooks, and supervisory personnel, as exempt from the Fair Labor Standards Act (FLSA) overtime pay requirements, as well as the failure to pay for hours worked over 40 hours per work week pursuant to the FLSA.

Countrywide
We are investigating claims against Countrywide regarding current and former employee claims that Countrywide is violating its employees’ overtime rights. Among these allegations are that Countrywide misclassifies its staff and mortgage brokers as exempt from the Fair Labor Standards Act (FLSA) overtime pay requirements, as well as the failure to pay for hours worked over 40 hours per work week pursuant to the FLSA.

Information Technology (IT) Workers
Our firm is investigating claims by Information Technology (IT) workers throughout the country who claim they have been denied their overtime rights pursuant to Fair Labor Standards Act (FLSA) overtime pay requirements. Eligible IT workers are often those who work on installing, maintaining, supporting, and repairing computer software and hardware, for external clients or for customers within the company. These FLSA eligible employees often work in the following IT fields: System Administrators, Database Administrators, Web Administrators, Network Engineers, Business Systems Consultants, Helpdesk Support Workers, Deskside Support Workers, Systems Analysts, IT Specialists.

Regardless of job title, IT workers who engage in the following types of work may be eligible for FLSA protections, including overtime pay: perform repetitive tasks, follow established procedures, protocols & guidelines, keep computer systems up and running, operate under supervision & rules, perform such work a majority of time (even if also perform substantial other work).

A.G. Edwards
We are investigating claims by stockbrokers, financial advisors, and broker sales assistants of brokerage firms AG Edwards who claim they have been denied their overtime rights pursuant to Fair Labor Standards Act (FLSA) overtime pay requirements.

While most brokers work on commission only, and while commissions are an important part of any broker’s income, many prominent Wall Street firms have been demanding that brokers sell managed-money products that do not produce high financial returns, which in turn further reduce the income of hard working brokers.

As such, these employees may be eligible for overtime pay under the FLSA.

Merrill Lynch
We are investigating claims by stockbrokers, financial advisors, and broker sales assistants of brokerage firms Merrill Lynch who claim they have been denied their overtime rights pursuant to Fair Labor Standards Act (FLSA) overtime pay requirements. While most brokers work on commission only, and while commissions are an important part of any broker’s income, many prominent Wall Street firms have been demanding that brokers sell managed-money products that do not produce high financial returns, which in turn further reduce the income of hard working brokers. As such, these employees may be eligible for overtime pay under the FLSA.

Prudential
We are investigating claims by stockbrokers, financial advisors, and broker sales assistants of brokerage firms Prudential who claim they have been denied their overtime rights pursuant to Fair Labor Standards Act (FLSA) overtime pay requirements. While most brokers work on commission only, and while commissions are an important part of any broker’s income, many prominent Wall Street firms have been demanding that brokers sell managed-money products that do not produce high financial returns, which in turn further reduce the income of hard working brokers. As such, these employees may be eligible for overtime pay under the FLSA.

Wachovia
We are investigating claims by stockbrokers, financial advisors, and broker sales assistants of brokerage firms Wachovia who claim they have been denied their overtime rights pursuant to Fair Labor Standards Act (FLSA) overtime pay requirements. While most brokers work on commission only, and while commissions are an important part of any broker’s income, many prominent Wall Street firms have been demanding that brokers sell managed-money products that do not produce high financial returns, which in turn further reduce the income of hard working brokers. As such, these employees may be eligible for overtime pay under the FLSA.

Smith Barney
We are investigating claims by stockbrokers, financial advisors, and broker sales assistants of brokerage firms Smith Barney who claim they have been denied their overtime rights pursuant to Fair Labor Standards Act (FLSA) overtime pay requirements. While most brokers work on commission only, and while commissions are an important part of any broker’s income, many prominent Wall Street firms have been demanding that brokers sell managed-money products that do not produce high financial returns, which in turn further reduce the income of hard working brokers. As such, these employees may be eligible for overtime pay under the FLSA.

The Great Atlantic & Pacific Tea Company (A&P)
We are investigating claims against The Great Atlantic & Pacific Tea Company, which operates A&P, The Food Emporium, and Waldbaums, regarding current and former employee claims that the A&P chains violate their employees’ overtime rights. Among these allegations are that the chains fail to pay employees overtime wages and delete hours actually worked from time records in violation of the fair Labor Standards Act (FLSA).

Costco
Our firm is investigating complaints by current and former employees of Costco regarding Fair Labor Standards Act (FLSA) violations. Among the claims we are investigating are that Costco has (1) intentionally and improperly designated department managers as "exempt" managers for its warehouses in order to avoid payment of overtime wages and other benefits; (2) locking hourly employees inside each warehouse every night for approximately 15 minutes after they have finished work and are off the clock, during which time the stores' managers perform closing activities, such as removing jewelry from display cases and emptying cash registers; (3) denial of overtime pay for workers who worked more than 40 hours per work week.

Delta Air Lines
Gilman and Pastor, LLP represented a proposed class of present and retired pilots of Delta Air Lines, Inc., challenging Delta’s methodology of calculating pension insurance benefits for participants in certain Delta retirement plans.

Unfair Employment Practices
Gilman and Pastor LLP is representing employees concerning employment practices in which employees have been denied certain entitlements and benefits, including health insurance coverage, retirement benefits, and overtime pay, as a result being misclassified by their employers as independent contractors or in FLSA-exempt positions, against many companies throughout the United States.

CVS Overtime Lawsuit
We are litigating a collective action against CVS Pharmacy and its parent corporation Caremark alleging that the companies have systematically and intentionally misclassified assistant managers as exempt under the Fair Labor Standards Act (FLSA) for the express purpose of avoiding paying these employees overtime.

We allege that assistant managers are ordinary employees with little or no supervisory responsibilities, and do not qualify for the FLSA-exempt status CVS and Caremark have used to avoid paying overtime pay at the rate of time-and-a0half for hours worked over 40 hours per work week. Virtually all “assistant managers” at CVS are required to work a minimum of 45 hours per work week without any overtime pay.