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David A Schuck

David Schuck’s Answers

500 total


  • Can H.R. keeps adjusting my time card without my approval?

    I worked through my lunch break last week and Hr changed my time on my time card by 30 minutes. I feel that I should get paid for the time I worked. I am working as administration and in agriculture manufacturing company in Ontario Oregon. What sh...

    David’s Answer

    The law requires that you be provided an uninterrupted meal period of not less than 30 minutes. Obviously, if you work completely through your lunch it is interrupted. In such case, the time worked is no different than any other time worked, it must be paid. Where the employer deducts 30 minutes, unpaid wages exist. Even if you get 15 minutes for your lunch and work the remaining 15 minutes, the employer is not allowed to deduct any time from your card because the lunch must be at least 30 consecutive minutes before a deduction is allowed. Thus, you are due 30 minutes of wages for each time the employer adjust your time cards. In addition, you can sue for a civil penalty of up to 30 days of wages. For example, at $15 per hour, the maximum civil penalty could be $3,600. Some wage and hour attorneys offer consultations without charging you for their services and could take a case such as your's on a contingency fee basis being paid by your employer to win your case.

    You should contact an attorney to determine how to track, document, and protect your right immediately.

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  • In the state of Oregon is it illegal for your employer to require you to use PTO instead of filling an unemployment claim?

    At my friends work, they often times don't have enough work to keep everyone busy. He was promised per his paperwork 40 hours a week. He must maintain 35 hours a week to keep his insurance. His employer often requires him to use his PTO to cover t...

    David’s Answer

    Oregon is an at will state, so generally, an employer can hire, fire, and change terms of employment any time it chooses. The exceptions are minimal but might be triggered with your facts. An attorney would have to see the agreement to be certain.

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  • Overtime wages after salary of 40 hours a week

    I am an onsite property manager and work 40 hours a week been with the company about 3 years. After the 1st year they started giving me more hours after my 40 at my original property for the position I was hired.. they eventually gave me every oth...

    David’s Answer

    The facts supplied do not provide sufficient detail to determine how you should proceed. However, it provides sufficient details to determine that you should contact a wage and hour attorney. Depending upon the facts that you provide, it sounds like you could have a claims under both state and federal laws. It could entitle you to double your unpaid overtime and 30 additional days of pay. (at 8 hours per day). Definitely worth the call to an attorney to see where you stand. Some attorneys will speak to you regarding your claim without charge to you, making it easier to determine your likelihood of success and amount of damages before making your decision to go forward.

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  • What if my employer won't schedule me to work because he thinks I am a liability after I suffered heat exhaustion on the job?

    My employer hasn't laid me off, fired me, and I didn't quit, and I haven't got any hours since I experienced heat exhaustion in a 104 degree shop. My employer says I am a liability and that my current health issues bother him. At the time I was hi...

    David’s Answer

    You should contact an attorney. You may have one or both a discrimination claim and a worker's compensation claim.

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  • My final paycheck is now two business days late and my former supervisor is making me wait 3 more, what can I do?

    Is it worth pursuing legal action? This could easily be a class action.

    David’s Answer

    You can sue for penalty wages. Penalty wages are calculated at the rate of 8 hours for each day that the employer is late paying your final wages. In addition you can sue for recovery of your costs and attorney fees. This allows some attorneys to take your wage and hour case on a contingency fee basis, essentially being paid by your employer to recover your penalty wages and wages.

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  • Overtime payment that has not been paid.

    I have worked for the same company for almost 3 years last year I was given more hours passing my 40hours a week and was told I would be paid overtime. Well the owner has refused to pay my hours of overtime and now I'm resigning my position and he...

    David’s Answer

    Under Oregon law you can get the unpaid overtime wages, plus a civil penalty. You can also sue under federal law and recover twice the amount of unpaid overtime wages. Further, because your employment is ending and the employer has not paid your overtime wages, you may be able to get a penalty wages. The Oregon civil penalty for overtime, and the penalty wages are both calculated as follows: Hourly rate * 8 hours per day * number of days late (maximum of 30). In addition, you can recover all costs and attorney fees in bringing the lawsuit. Thus, you can make your employer pay your attorney to prosecute your wage claim. Some attorneys will represent cases like this on a contingency fee and provide you with a free consultation.

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  • 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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