David Shulick: Member of the Super Lawyers Rising Star Award

David Shulick became a member of the Super Lawyers’ Rising Stars list for his excellent work as a lawyer. He has developed many years of experience in the legal system helping his clients with all of their advisory needs. Super Lawyers recognizes lawyers with peer recognition and a long history of high professional achievement. Shulick earned a place among the best lawyers in his community with his inclusion in the Super Lawyers network. He added to his career further by being elected to the Rising Stars list within Super Lawyers.

David Shulick is proud of his work in his community and his achievement got him on the Rising Stars list within Super Lawyers. Winners of this distinction have their face on the cover of Super Lawyers magazine, one of the popular publications for legal professionals. To become a member of Super Lawyers, a legal professional has to pass through a long and distinguished selection process. This process puts nominees through studies conducted by independent researchers, requires glowing peer nominations, and a series of peer evaluations.

Super Lawyers also has a Rising Stars award for particularly promising legal professionals under the age of 40 or who have less than ten years of experience as a lawyer. Rising Stars are carefully selected from an elite portion of those selected for the Super Lawyers designation. By rule, only five percent of all legal professionals from each state in the United States can be included on the Super Lawyers list, and only half of those professionals become Rising Stars. David Shulick, with his exemplary work in his community, earned both the distinction of being included on the Super Lawyers list and the added honor of being named to the Rising Stars list as well.

David Shulick earned the Rising Stars distinction early in his career. He worked well at every clerkship after law school and has become well-known for his skillful legal work.

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David Shulick – Qualified for ‘Million Dollar Advocates Forum’

David Shulick is a civil litigation lawyer who has specialized in class action suits, fraud cases and more; and his record shows that he deserves his reputation of being known for creating optimum outcomes for his clients. His exceptional abilities in the courtroom have earned him qualification for the Million Dollar Advocates Forum, who explains themselves on their website as so:

“Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States.  Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country.  Less than 1% of U.S. lawyers are members.

The quality of our membership is very impressive and includes many of the top trial lawyers in the country. Many of our members have achieved numerous million and multi-million dollar results (several members have won billion dollar cases). Their practice areas include most areas of litigation, including: major personal injury, products liability, malpractice, construction, environmental, employment, insurance and business litigation. The common fact is that they have each demonstrated, in an objective and tangible way, their ability to accomplish superior results in complex cases. Certification by the Million Dollar Advocates Forum provides recognition of such accomplishment and a national network of experienced colleagues for information exchange, assistance and professional referral.”

Recommended Read: https://davidshulick.wordpress.com/2015/06/02/the-super-lawyers-rising-star-award/

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 : 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.