David Shulick : Dealing with System Discrimination

David Shulick is a lawyer who specializes in employment law cases, many of which have involved issues of discrimination. And while many cases of discrimination are proven by showing tangible evidence that a discriminatory act has taken place, there are many other instances where systemic discrimination has been cited as the act itself. Systemic discrimination when a policy is enforced that negatively impacts a certain group of people. When it comes to employment law, the term is used in reference to any system that harms or disqualifies certain individuals from jobs or promotions based on their race, sex, age, disability or religion.

Systemic discrimination, in nature, is tougher to prove because it relies on trends rather than an isolated incident. The Equal Employment Opportunity Commission has pursued this type of discrimination aggressively in the past few years through encouraging advocacy groups and third party agencies to report this type of activity. With the implementation of the EEOC Systemic Task Force has come an increase of systemic discrimination cases, however many have not held up due to lack of sufficient evidence.

For example, within recent years the state government of Iowa faced allegations of racial bias in regards to all of the employment decisions their executive branch has made since 2003. It was a class-action suit in which the class involved nearly six thousand black applicants who had not been subject to any obvious act of discrimination, but rather an alleged bias by the hiring staff. In order to supplement their claim, the class relied upon The Implicit Association Test, which was developed by a professor from the University of Washington. The judge ruled that the theory was not enough to support the claims of the class; and the charges were dropped against the state of Iowa.

While this important case helped determine the weight of systemic discrimination claims, that doesn’t mean that weight could very well increase in years to come.

David Shulick : Superlawyer Rating

For multiple years, David Shulick has maintained a strong rating on SuperLawyers.com, a site dedicated to pairing visitors with the best possible legal representation for their particular case in their particular region. Below is an excerpt from the sites “About” page that describes their mission and how they separate stellar lawyers from the rest:

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country.

In the United States, Super Lawyers Magazine is published in all 50 states and Washington, D.C., reaching more than 13 million readers.

To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. While up to 5 percent of the lawyers in a state are named to Super Lawyers, no more than 2.5 percent are named to Rising Stars. All attorneys first go through the Super Lawyers selection process. Those who are not selected to the Super Lawyers list, but meet either one of the Rising Stars eligibility requirements, then go through the Rising Stars selection process.”

David Shulick : Employers Should Provide References with Care

As a civil litigation attorney who specializes in, among other things, employment law, David Shulick is very knowledgeable when it comes to certain practices that can land an employer in the defendant’s chair. One of these issues is the practice of providing job references. While providing job references is a routine practice for the application process and it not even considered obligatory in most cases, it is an issue that the employer should treat with care. What seems like a simple process is also a very sensitive one that has gotten employers into trouble in the past for providing too little, or even too much information.

One of the most cited examples in regards to this issue can be seen in the decision that concluded the Randi W.v. Murdoc Joint Unified School District case. In this particular case, a former employee of a school was dismissed due to sexual misconduct; and the school failed to disclose that information when responding to a reference request made b another school. The new school had not learned of their new employee’s misconduct until he sexually assaulted another student; which, at that point, prompted a lawsuit against the employee’s former school for providing a misleading reference.

In most cases that involve job references, the employer is accused of tortuous interference with business prospects, defamation or misrepresentation. While giving the employer an overly positive reference, such as in the example above, could be considered a case of misrepresentation, the former two charges can happen when giving a negative reference and can be viewed as an ac f malice towards that employee, especially if the information is in any way misleading.

For these reasons, employers should be especially careful when providing a job reference to another employer. One of the best practices is to remain completely neutral in presenting the facts; however the facts that you chose to present should also be treated with care.

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

The Judith B. Shulick Memorial Foundation

The Judith B. Shulick Memorial Foundation is a children and youth support foundation dedicated to providing scholarship opportunities for at-risk youth to have a chance at academic success in high school and providing opportunities for college afterward. This organization has helped keep many at-risk high school students in class and has set up a support structure for them to use to attend college. For many of the students, they will be the first ones of their families to attend college, and they are extremely motivated by the workers at the Judith B. Shulick Memorial Foundation to reach for higher education.

The Judith B. Shulick Memorial Foundation is based in Philadelphia, where many students still struggle to make it through the sometimes underfunded and understaffed schools in the area. Many youths are profoundly disadvantaged in the Philadelphia community and need a support system in which they can buy into a community program aimed at putting them into the college of their choice. By helping kids navigate their high school careers and helping them achieve academic success, the Judith B. Shulick Memorial Foundation can create opportunities for the struggling youth of the Philadelphia school system so they can reach greater heights than their parents.

The Judith B. Shulick Memorial Foundation provides funding to programs throughout the Philadelphia school system aimed at keeping students in class and out of dangerous situations such as gang violence and other dangers of some of the surrounding communities. Those working with the Judith B. Shulick Foundation both funnel money into useful after school programs and encourage kids to take advantage of the resources given them.

David Shulick is one of the founding members of the organization, named after his mother, who died tragically in a car accident while David was in college. Now one of the top lawyers in Philadelphia, Shulick wants to create the same opportunities for youth today as he had when he was in school, in the name of his mother.