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David A Schuck

David Schuck’s Answers

454 total


  • I am an exotic dancer but considered an independent contractor. My employer is is saying I cannot drink unless I give my keys

    Is this legal without contract? Also they are segregating certain girls who must give there keys up once starting there shift. Once again no contract has been signed stating a no alcohol clause. Is this leg all?

    David’s Answer

    The first question is whether you are properly classified as an independent contractor. Given the control the employer has, I would bet not. More information is needed to determine your status, but it appears they are not afraid of exercising their control over your employment. If you are an employee, then all minimum wage and overtime laws apply to you. Also all deduction laws apply to you. So if they are charging you fees, these are likely unlawful. There are penalties that can attach as well.

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  • My husband's pay days have been every other Friday and his employer change the pay date to every other Tuesday without notice is

    Employer changed paydays without notice a day before payday

    David’s Answer

    The statute that sets the requirement to pay all wages on payday is ORS 652.120. I have copied it below. It does not specifically address your situation. As far as I am aware, no case has tested the ability to change paydays. The changing of paydays, and pay periods, and work weeks are likely to be found proper where the employee does not lose any overtime or other wages because of the change.

    Assuming that he was paid all wages, it is possible that you could make a minimum wage claim. You could argue that by not paying on the pay period established when the work began and was performed, the employer failed to pay minimum wages on payday. However, if the payday was changed before work is performed, I think most courts would agree the employer can change the payday.

    652.120 Establishing regular payday; pay intervals; agreement to pay wages at future date. (1) Every employer shall establish and maintain a regular payday, at which date the employer shall pay all employees the wages due and owing to them.

    (2) Payday may not extend beyond a period of 35 days from the time that the employees entered upon their work, or from the date of the last regular payday.

    (3) This section does not prevent the employer from establishing and maintaining paydays at more frequent intervals.

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  • Does my son have a case against his employer for abandoning him 1000 miles from home with no money or transportation back?

    He was on a paving crew and got fired (different story, wrongful termination but at this point he's just trying to get reimbursed the $350 it cost to get home. The boss told him they would give him a ride back to Bend, Oregon from White Sulfur S...

    David’s Answer

    You should contact an attorney. There are a lot of facts missing that may affect the advice that is given. Many attorneys will talk with your son without charging for that consultation if he does not sign up. (many do charge, but you can look around for one that does not).

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  • Should I sign a paper saying my injury wasn't my works fault?

    my work says they wont allow the disability insurance to proceed unless I sign a paper saying they are not responsible even though the doctor and insurance say they are at fault.

    David’s Answer

    When all responders say meet with an attorney, you can take a good guess that is the correct action. It is hard to imagine a situation where signing something that says another is not at fault is a good idea. I am sure there is a situation that I cannot think of at this time, but not many. Talk to an attorney first. Many offer free consultations and take such cases on a contingency fee. So you can find someone you trust to protect you before anything else bad happens.

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  • I am the victim of workplace harassment and discrimination what are my rights and HR investigation has been ongoing for 5 weeks?

    I accepted a career and it was contingent on successfully passing all exams over a 3 month period of time. Exams were passed with flying scores. In addition, one must go to CA for an additional 2 weeks for training in which one is scored on multip...

    David’s Answer

    This is one that likely should be addressed directly with an attorney. The benefit of doing so, is that they can guide you on how to protect yourself, and at the same time develop the evidence to prove your case. Discrimination cases are often contested on the facts because the employer/managers that are involved have a personal interest in protecting their jobs or their money. So even things that seem uncontested will be contested once a case is filed.

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  • I was told not to use vacation time by my boss and hit the accrual cap. Am I entitled to compensation?

    My soon to be ex-employer caps vacation accrual, but I was unable to take a vacation due to instructions from my boss that there was no time off until a large project was completed. This led to me losing forty hours of vacation accrual as the pro...

    David’s Answer

    Oregon law will enforce the agreement to pay out the vacation pay on separation of employment, but does not specifically require an employer to make such a contract. There is an argument, that where you are prevented from taking the vacation to your detriment, that the employer must pay those amounts. I would have to research to determine whether a case exists directly on point. It is definitely worth checking into because if you are correct that you are due the remainder of the time, you could also be due penalty wages.

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  • FMLA and paid sickleave

    My employer is paying me for 40 hours a week but deducting 56 hours from my sick leave and vacation time per week.Can they do that?

    David’s Answer

    Sick leave in Portland, Oregon is set by statute to be a minimum amount. They cannot deduct more hours than are paid from the statutory sick time. PTO and vacation pay are by contract. I have never seen a contract that says that they can deduct more hours than are paid. I cannot imagine a contract that would state such a ridiculous notion. Bottom line is that you have multiple claims that are likely arising because of the employers wage theft.

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  • What do I do in this situation?

    I have been working with this company for 3 years and relocated 3 months ago, but I still work for the same company. The first month I recieved my paycheck 2 weeks late, then they said they fixed it, the next paycheck I received 4 days late and th...

    David’s Answer

    It is worth a call to a wage and hour attorney. There are potential claims here, but more facts need to be cleared up. The issue is whether they are paying the wages on payday. Under federal law, failure to pay the wages on payday is a minimum wage violation. This entitles you to liquidated damages in the amount of the unpaid minimum wages, plus the wages if they remain unpaid. (there are some exceptions, but they tend to be rare). Oregon law likely will follow the same pattern, but no case speaks directly to the issue. The civil penalty under Oregon law could entitle you to one day's wage for each day they are late, up to 30 days. There may be other claims, depending upon the remaining facts and whether you find other employment. Some law firms provide free consultations so that you can learn your risks and potential rewards of bringing such a case.

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  • Expired garnishment- Employer refuses to stop paying creditor. Two additional pay checks garnished after expiration date

    My employer has been notified by me and acknowledges that the garnishment would not continue from my check. That was a month ago. 2 more checks garnished after expired- Boss agreed to have a check ready for me, but when I arrived at my work place,...

    David’s Answer

    You have an unlawful deduction claim. An employer can only deduct from your wages those things that are allowed by law. Oregon does not allow the employer to choose to continue to garnish your wages when there is no valid garnishment. You can sue for $200 or your damages for each wrongful deduction. If your employment ends, you can also sue for penalty wages. Penalty wages are equal to one day's wage for each day the employer is late paying all wages at the end of employment. So if you make $15 per hour, the maximum amount of penalty wages is $3,600. (penalty wages are capped at 30 days). Also, if you make at or near minimum wage, the garnishment may cause a failure to pay minimum wage. Under Oregon law, this too could entitled you to up to 30 days of wages. In addition, you could recover your attorney fees for being required to bring suit to recover your wrongfully deducted wages.

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  • Can my Company's bookkeeper automatically claim a percentage of my sales as tips for me?

    I work at a restaurant where my tips are automatically claimed for me (a percentage of my sales). Is this legal?

    David’s Answer

    It depends upon what you mean. An employer can use an estimate of your tips to calculate taxes if you are actually receiving the tips. If you are not receiving the full amount of tips, they cannot deduct additional taxes from your wages you earn. The employer also cannot use your tips in Oregon to offset your minimum wages. There could be other things you mean, you may want to call a wage and hour attorney to determine your rights.

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