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David A Schuck

David Schuck’s Answers

520 total


  • What kind of attorney do I need for wage and hour claim? And then I have more questions....

    Like I'm getting $7.08 per hr for a 24 hour 15 minute shift 8 hours sleep, not always, no lunch break or 10 minute breaks at an adult foster home but I do not live there, shared position as resident care manager.

    David’s Answer

    These types of cases are very fact specific. The issues revolve around your sleep time, whether you are interrupted in your sleep time, how often you are interrupted, etc. There generally are other issues regarding the type of labor you provide and what type of location you provide them in. For instance, some are homes with 1 or 2 beds, and some are larger facilities or homes where you are assisting 5 or 10 persons per shift. To determine your likelihood of prevailing in a wage claim, these are some of the additional facts that you want to discuss with an attorney.

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  • Is there any recourse for a final paycheck from the last day of work in June 2015 not being received until November 2015?

    My son was employed by a major grocery store chain, attended one day of paid computer based training in June 2015, then was told there were no shifts available for him. He didn't receive his paycheck for his one day of training until late Novembe...

    David’s Answer

    Yes there is. He should call an attorney who handles wage and hour claims. In addition to the unpaid wages, the employer likely owes penalty wages. Penalty wages are calculated by multiplying the employee's regular hourly rate of pay, by 8 hours per day, for each day they are late. The penalty reaches a maximum at 30 days. There are ways the employer can reduce the penalty, but only if they did not pay any other employee late in the year preceding the termination from employment of your son. The larger the company, the less likely they will be able to meet this condition. In addition, your son would be entitled to recover his attorney fees. Some firms will take such cases on a contingency fee basis, essentially being paid by the employer to win your son's case.

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  • My employer pressured me to quit due to my religion.

    after being hired at wells fargo bank, i was told i needed to work any days, they are closed on saturdays. by religion i do not work on saturday and my saturday starts at sundown on friday till sundown on saturday. after i told my employers i need...

    David’s Answer

    You need to contact an attorney right away. Speak to whatever attorney you choose. If they state that you can quit, then do so. Until then, stay where you are.

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  • Can a sales check be denied if you resign?

    I worked as a Comcast contractor and part of my job was to sell additional products to customers. When I had quit my job over there they gave me my second to last check and told me I would get anything for the the last 2 days I worked. I don't car...

    David’s Answer

    You should contact a wage and hour attorney. They will need to read your employment agreement, your employee handbook, and talk with you about more specifics. The reason is that sometimes commissions can be lost and sometimes they must be paid. These documents will help the attorney determine that issue. Further, the two days you worked, but were not paid, may also be an issue. It may also have bearing on whether your commissions were due. Finally, there are penalties that can be due where the employer does not pay all wages, even if small, or simply does not timely pay all wages. These penalties often are between $2,000 and $6,000 depending upon how much you earned working for this employer.

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  • As an hourly min wage plus tip employee, can my employer require me to work for no tips?

    My employer has hotel contracts that are normally handled by their catering staff. on a regular basis, however, they make me, a server, perform my server duties for contracted guests. I receive no tip based on my sales. Rather the catering dept. c...

    David’s Answer

    Generally employment is at will, meaning that you can quit and they can fire you for any reason. What this means is that you can refuse to do any work that you are not being compensated at the agreed upon rate. They can fire you for refusing to work. If you agreed to work for minimum wage plus tips, explain to them you won't the catering jobs without payment of your tips. Alternatively, look for a new job where the employer won't steal your tips from you.

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  • I have been paid only $200 for working 77 hours in one week.. can that be legal?

    I work as motel manage and I live onsite, paid each two week my office is open from 10am to 9pm, 7 days a week, from4/2013 to 1/15 my checks were for $398 every two weeks.. I am not even making minumum wage now for the hours I work and the owner ...

    David’s Answer

    Likely you have a wage and hour claim. When you call a wage and hour attorney, be ready to discuss both your paychecks and room/board. Often employers will deduct for the cost of your room. The issue will be, among others, whether you living at the location is for your benefit or the employers. There are other facts that will need to be gone through, but it is definitely worth looking into.

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  • Can I legally be terminated for background information I already put down on my job application?

    I filled out an application with adecco staffing agency, which included any criminal convictions which I gladly put down my assault 4 conviction back in 2012 as well as my no contact order violation. So after I did the training and had worked ther...

    David’s Answer

    You should call a wage and hour attorney. Usually, temporary employers have issues complying with wage and hour laws, especially when they fire employees.

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  • I was hired to help open a bar, employer is refusing to pay me stating I volunteered my time.

    There was no contract, as I thought I would be treated as an employee. There was no way of clocking in and was told to keep track of my hours. I have a lot of witnesses who saw me working, emails between staff members about training, email to a pu...

    David’s Answer

    The minimum amount an employer can pay an employee is currently $9.25 per hour. When an employer fails to pay minimum wage, the employer is likely also liable for a minimum wage civil penalty. That penalty is calculated by multiplying the hourly rate times 8 hours per day, times the number of days that the payment is late. (maximizes at 30 days). In addition you can recover your attorney fees for prosecution of the claim. The real issue is whether the employer will be able to afford the lawsuit. If not, you can still contact BOLI (Bureau of Labor and Industries). They can also prosecute your claim, but when the employer is bankrupt, BOLI has a fund that you may be able to collect from. Thus, there are options to you in collecting your wages.

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  • Could my employee to make me to work 30days if my contract is over?

    My contract will be over December 1 and need to be renewed . Could my emploee make me to work longer is we did not signed and renewed contract ( My current contract was December 1 2014 to December 1 2015 ). Could they make me to work 30 extra days...

    David’s Answer

    Your question is a bit confusing. You ask whether your "employee" could make you work longer. I think you mean employer, but am not certain. That distinction would make a difference. You also state that your contract is completed December 1. In most contracts, that means that the work is completed. However, some contracts have other provisions that respond to this question. So while based upon your question, and only what is on here, it certainly looks like you will be done on December 1, only a complete review of the contract will lead to a definitive answer on that question. This is something that you would likely have to show the lawyer and be charged a fee to review to answer.

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  • If I a white male was fired for not passing 2 Hispanic students by a Hispanic principal, is that reverse discrimination?

    Of course that was not the reason given for the firing, but 2 Hispanic students had not passed my class, and I was pressured to pass them by the baseball coach and the Principal,a Hispanic male. When I said I couldn't in good conscience pass them ...

    David’s Answer

    You should immediately contact an employment attorney. There are more facts that are likely relevant to the issue and you want to start setting this up correctly if you wish to pursue.

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