David Shulick: Misclassifying Employees is Illegal

David Shulick is a lawyer who has extensive experience in employment law. This includes a thorough understanding of the Fair Labor Standards Act, which was established to create standards and guidelines for how employees are compensated based on their position within the company. It is a law that is enforced by the Wage and Hour Division of the Department of Labor.

One very common issue in FLSA law is when an employer misclassifies an employee by giving them a job title that is not reflective of their duties; thus enabling the employer to compensate that employee in a manner that is not reflective of the law. An example of such behavior would be classifying a cashier or other lower-level employee as a “manager.” In many cases, managers are exempt from things such as overtime pay because they are on a yearly salary. All too often employers are caught giving managerial titles to hourly workers as a means of masking their legal obligation to give overtime compensation to those workers.

In order to determine if the employee is exempt or non-exempt when it comes to benefits such as overtime pay, the Wage and Hour Division runs a test that helps narrow down the possible evidence of a misclassification. For example, most employees who make under $23,000 a year are non-exempt, although a number of exceptions can apply. Nonetheless, if the employee is paid on a salary basis, then they are to expect a guaranteed minimum with every pay check. But pay and terms aren’t the only factors that determine a misclassification. The FLSA provides definitions for executives, administrators and specialists that should be reflected in their daily duties. The broadness of these definitions is one of the reasons that misclassification cases are still occurring at the rate that they are. But with every case comes a new precedent that helps narrow these definitions.


David Shulick – Civic and Volunteer Engagement

David Shulick is a Civil Litigation Attorney who appreciates the value of giving back to his community, which is why he is highly active in civic and volunteer engagement activities that revolve around his field as well as certain issues that have affected him closely. Below are some of the examples of things that David Shulick has been engaged in, outside of his legal work, that come to the benefit of his community:

Judith B. Shulick Foundation- Following a tragic car accident that took the life of his mother, David Shulick set out to create the Judith B. Shulick Foundation, an organization that gives to Philadelphia schools in order to promote student attendance as well as involvement in activities that keep them off the streets. For David Shulick, it is his outlet for giving others the same types of opportunity he had as a child in order to create a safer and more productive future.

Jewish Federation of North America- The JFNA links Jewish communities from all over the continent to come to together and be a voice in the processes that affect their daily lives. The JFNA works to influence issues of caregiving, foreign policy, philanthropy and more on the national scale in order to promote policies that are reflective of Jewish values and are helpful to the community.

David Shulick: Breaking Down the ADEA

Attorney David Shulick knows that when it comes to employees being discriminated upon the basis of their age, the Age Discrimination in Employment Act is the law most applicable to building a case. The ADEA was constructed in 1967 in order to protect workers over the age of 40 and ensure that they do not become victims of discrimination by their bosses or co-workers.

Like many other significant acts that dictate employment law, the ADEA had multiple amendments that came from new cases arising where circumstances have evolved and new issues had to be addressed. In 1989 the case of Ohio v. Betts became one of those pivotal cases that addressed an issue that had yet to receive legislative review: protecting the benefits of older workers. In the outcome of this case, the judged upheld that the ADEA should be amended to include specific protections for the benefits of older workers. The amendment was titled the Older Workers Protection Act. It was put into place to ensure that older workers received, at minimum, the same benefits that younger workers receive.

Under the OWBPA, in the event that an employee is qualified to receive Medicare, the employer still cannot force that employee to use it by cutting his or her benefits, not limited to but especially in cases where the benefits that employer offers outweigh those that are available through government programs.

When it comes to workplace seniority, the ADEA and its amendments see seniority as a matter of experience rather than age. The most skilled and experienced workers get the seniority, therefore keeping a level playing field when it comes to hiring, promotions and more. And just like with any other piece of legislation, there are still exceptions; including those when age is an actual requirement for the job. For example, actors who reflect the age of a character in a movie may be more likely to get the role than someone with more skills and experience, simply because that particular role demands a person of a particular age range.

David Shulick Honors His Mother’s Memory as Benefactor of U.S.C. Shoah Foundation

David Shulick Provides Excellent Advocacy and Representation to Every Client

The Founder, Owner and Counsel for Shulick Law Offices Law Firm, David Shulick continues to provide every client with unmatched advocacy and representation. Well-versed and experienced in general litigation, class actions, personal injury, commercial, employment and consumer fraud, Shulick is a sought after Philadelphia attorney who passionately and aggressively represents every client, both inside and outside the courtroom.

Having graduated from the Temple University Law School with honors in 1994, David Shulick has been an exemplary and well-known member of both the business and the legal communities for more than 20 years. He has dedicated his life to proving the best counsel, advice, representation and litigation to every client he serves, and to ensuring each client and employer has the value and service of a dedicated legal professional on their sides at all times. Having successfully litigated hundreds of legal matters, secured numerous multi-million dollar settlements and provided his services as in-house counsel to several large companies, David Shulick continues to earn the reputation as one of the most sought after legal professionals in the region.

Shulick has exceeded expectations at every available opportunity. Whether it was as a law student at Temple, as a law clerk for Dilworth Paxson and its former affiliate, as in-house counsel for Orleans Development Company, as Associate for Cohen & Huntington and for Frank & Rosen, or as representative to any one of his current clients, Shulick has performed above and beyond what was expected, and has set himself apart as one of the region’s premiere attorneys.

David Shulick built his current firm, Shulick Law Offices, from the ground up, relying solely on the benefit of word-of-mouth and Client referrals to build a loyal and extensive base of clients. He has continually exhibited considerable acumen for and expertise in corporate and business law, in class actions and mass torts, in civil litigation, and in client advocacy, and is in current pursuit of broadening what is already a very diverse and extensive skillset.

David Shulick was named a Rising Star by the Pennsylvania Super Lawyers publication, and has firmly established himself atop the local legal community, a position he promises to hold for many years to come.

David Shulick: Nationally Known

David Shulick is a nationally known attorney based in Philadelphia, Pennsylvania, where he specializes in civil litigation of all types. He is the owner and counsel at Shulick Law, where he also provides legal services for individuals, executives and corporations across a variety of business and legal sectors.

David Shulick was involved in mentally gifted programs from the time that he was in the third grade, all the way through George Washington High School in Philadelphia, where he graduated with honors in 1987. The mentally gifted programs were for students with IQs that exceeded 140.

David Shulick

David Shulick

One of the defining events of David Shulick’s life was the death of his Mother, Judith, in an automobile accident when he was twenty-one years old. “Three ‘at risk’ students from George Washington High School were speeding, and broadsided the vehicle she was traveling in,” David Shulick recalls. “This experience shaped my life and career in many unique ways, [instilling] the passion for making the most out of every opportunity I am presented with given life’s unpredictability and potentially short time span.”

The tragedy occurred as he was completing his undergraduate studies at the University of Delaware, and was preparing to enter the Temple University law school. “I did not defer entering Temple University Law School and commenced full time day coursework in September, 1991.” He still managed to graduate from Temple with honors and awards in 1994, and pass the bar exams in both Pennsylvania and New Jersey on the first try. He became an associate counsel at a Philadelphia firm in January 1995.

Today, Shulick Law serves as litigation and/or corporate counsel to numerous well-known corporations in the Philadelphia Metropolitan area and Southern New Jersey.

David Shulick: Civil Litigation

David Shulick is the owner and Counsel of Shulick Law, where he specializes in civil litigation. He has been practicing law since 1995, when he joined the firm of Cohen and Huntington as an associate counsel, not long after passing the bar exams in Pennsylvania and New Jersey.

David Shulick stayed at Cohen and Huntington for about a year before joining the firm of Frank and Rosen, a boutique firm in Philadelphia’s Center City, where he was also an associate counsel. During his time at Frank and Rosen, David Shulick distinguished himself by chairing the firm’s litigation department at the age of twenty-eight. He also filed and/or defended countless personal injury, medical malpractice, commercial litigation legal malpractice matters.

David Shulick

David Shulick

Through strategic networking, David Shulick filed and/or litigated with other Counsel multiple class action lawsuits in the areas of labor relations, consumer protection, antitrust and securities in various State and Federal Courts around the nation.

“In or around 1999,” David Shulick says today, “one of my longstanding corporate Clients at Frank & Rosen asked me to assume the role as in-house counsel, and offered me the unique opportunity to also build and grow my private law practice. This led to an extensive amount of corporate, civic and gubernatorial involvement, bi-partisan political involvement, and governmental service, wherein I helped to draft regulations, volunteered for various governmental agencies, and worked extensively with many local communities, civic groups, and other community-based organizations.”

He also founded Shulick Law in the summer of 1999. As the owner and counsel of Shulick Law, David Shulick specializes in Civil Litigation (Personal Injury, Class Action, Commercial Litigation, Malpractice Litigation and Employment Litigation, as well as serving as corporate and/or employment counsel.

David Shulick: Commercial Litigation

David Shulick has been practicing law for nearly twenty years, and for most of that time has been the owner and lead counsel of his own firm.

David Shulick is a 1994 graduate of Temple University law school, and began to practice law in 1995. The years since he started Shulick Law have been extremely busy and fruitful for the young attorney. “I served as in-house counsel and participated in various real estate projects, commercial and residential, served on the Board of the Philadelphia Trial Lawyers as one of its youngest members, [and] served on the Board of Operation Understanding, in addition to performing many other civic duties” he says.

David Shulick

David Shulick

David Shulick has also been a Senate Club Member of the American Israel Public Affairs Committee, America’s pro-Israel lobby that seeks to strengthen, protect and promote the United States and Israel’s relationship in ways that enhance the security of both countries.

“In addition to my in-house corporate, business and real estate experience,” David Shulick says, “I have successfully litigated many complex civil matters to verdict, settlement and otherwise.”

During the course of his career, David Shulick has also actively participated in the Philadelphia Chamber of Commerce, the Main Line Chamber of Commerce, several Bar Associations, and a host of other civic causes and business related organizations.