Marks, Finch, Thornton & Baird, LLP (858) 737-3100
Chad T. Wishchuk, Partner
Chad T. Wishchuk is a partner in the firm. Since 1996, he has represented management in labor, employment, and construction matters, including the following: employment discrimination and wrongful discharge litigation; wage and hour litigation, including meal, rest break, overtime and class action claims; state and federal prevailing wage cases, including Davis-Bacon matters; apprenticeship matters; federal OSHA and Cal/OSHA cases; United States Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) compliance audits; employment tax audits by the California Employment Development Department (EDD); Section 132a and serious and willful misconduct cases before the California Workers’ Compensation Appeals Board (WCAB); and other state, federal, and local compliance matters. Mr. Wishchuk’s labor law experience includes representing management in the administration of collective bargaining and project labor agreements, union election campaigns, and unfair labor practice proceedings before the National Labor Relations Board (NLRB). Prior to joining the firm, Mr. Wishchuk practiced law with a Philadelphia-based firm specializing in the fields of labor and employment, and construction law, where he gained significant experience representing management in a predominantly union construction arena. Mr. Wishchuk has significant experience with the California Department of Industrial Relations, the Division of Labor Standards Enforcement, and state approved labor compliance programs, as well as the federal Department of Labor and the NLRB, including administrative hearings, arbitrations, and judge and jury trials. Mr. Wishchuk serves as the Chairman on the Human Resources Committee of the San Diego Chapter of the Associated General Contractors of America, and provides seminars on various employment law issues, including sexual harassment training and education.
Mr. Wishchuk is admitted to practice before the California, Pennsylvania, and New Jersey state courts, before the United States Court of Appeals for the Third and Ninth Circuits, the United States District Court for the Eastern District of Pennsylvania, the United States District Court for the District of New Jersey, and the United States District Courts for the Southern, Central, and Northern Districts of California. He is a member of the State Bar of California and Pennsylvania, the American Bar Association, and the San Diego County Bar Association. Mr. Wishchuk received his juris doctor, with honors, from Temple University School of Law in Philadelphia, Pennsylvania, and his Bachelor of Arts degree in Government from the University of Notre Dame. He was named a Top 25 San Diego Labor and Employment Attorney in 2007 and 2008.
Representative Experience
Urbas v. ASM Affiliates, Inc., California Department of Industrial Relations, Division of Labor Standards Enforcement Case No. 17-56404 DB
2011: The firm victoriously defended this client in an administrative wage and hour proceeding before the California Labor Commissioner. A former employee filed a complaint alleging that she was not timely paid her final wages at termination. She sought substantial “waiting time penalties” under California Labor Code section 203. The firm represented the client in a hearing before a Labor Commissioner hearing officer, successfully arguing that waiting time penalties were not available because there was a good faith dispute as to whether the employee was owed any wages at the time of her termination. The Labor Commissioner ruled in favor of the firm’s client, awarded the employee nothing, and dismissed the case in its entirety.
New Dimension Masonry, Inc. DAS Complaint #2009-0778
2010: In an administrative proceeding before the California Department Of Industrial Relations, the Division of Apprenticeship Standards (DAS) cited the firm’s client for an alleged failure to comply with the apprenticeship requirements of California’s Prevailing Wage Law at Labor Code section 1777.5 and the California Code of Regulations section 203.1. The firm quickly convinced the DAS that the complainant, a union watchdog-type group, was wrong in its use of the law relating to approved apprenticeship programs and apprentice dispatch requests. The DAS dismissed the complaint before a hearing was necessary. In short order, the firm’s client was paid in full its project funds which had been withheld due to the apprenticeship complaint.
Erickson-Hall Construction Company v. San Diego Unified School District and Graham Champion San Diego Superior Court Case No. 37-2008-00087501-CU-WM-CTL
2009: The firm recovered over $1 million on behalf of its general contractor client against the school district and its labor compliance program. In this first of its kind lawsuit, the firm asserted civil rights and other claims against the labor compliance program which was withholding contract funds far in excess of that justified by the California Prevailing Wage Law. The case settled, and in addition to the large recovery, the firm's client was paid its attorneys' fees.
Valley Coast Construction, Inc. v. City of El Cajon American Arbitration Association Case No. 73 110 133 04 OLTR
2005: Six day arbitration regarding public work of improvement resulting in judgment in favor of firm's contractor client on complaint against public agency owner, including award of attorneys’ fees and costs pursuant to Public Contract Code section 7107 and Code of Civil Procedure section 1021.5, and determination of wrongful withholding of retention.
