David A. Grant

Partner

Washington, D.C.
T 202.861.1638  |  F 202.861.1783

"...His thorough knowledge and understanding of our unique organization and culture has been especially valuable to establishing our collaborative relationship that has lasted more than 25 years."

— This comment appears on the U.S. News & Best Lawyers "Best Law Firms" website at bestlawfirms.usnews.com

David Grant represents clients in wage and hour matters and investigations, unfair labor practice charges and hearings, collective bargaining negotiations, litigation, mediation, and arbitration. With 35 years of experience, he navigates clients through all aspects of labor and employment law, with the goal of zealously representing clients while promoting respectful and dignified treatment of all individuals in the workplace. David looks to develop a deep understanding of his clients’ businesses, to help anticipate and prevent workplace disputes before they arise.

David is the national leader of the Firm's Employment and Labor Group. He is a frequent speaker on wage and hour and other employment law issues. He is listed in The Best Lawyers in America© in Washington, D.C., in Employment Law–Management and Litigation–Labor and Employment. He is a contributor to BakerHostetler's Employment Class Action blog, offering commentary on recent class action decisions and trends affecting employers.

Select Experience

  • Represents military government contractor in employment law matters, including issues arising at the intersection of the National Labor Relations Act, the Fair Labor Standards Act, and the Service Contract Act.
  • Represented security company faced with public picketing and unfair labor practice charges initiated by major East Coast labor union. No administrative complaint ensued from these charges; the picketing proceeded peacefully with no disruption of the company’s business.
  • Negotiated successor collective bargaining agreements between local affiliate of leading media enterprise and several local unions that have resulted in preservation and expansion of news operations. Understandings were reached among the unions and the employer through principled collaboration and constructive dialogue focused on the legitimate business issues at the heart of these negotiations.
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Experience

  • Represents military government contractor in employment law matters, including issues arising at the intersection of the National Labor Relations Act, the Fair Labor Standards Act, and the Service Contract Act.
  • Represented security company faced with public picketing and unfair labor practice charges initiated by major East Coast labor union. No administrative complaint ensued from these charges; the picketing proceeded peacefully with no disruption of the company’s business.
  • Negotiated successor collective bargaining agreements between local affiliate of leading media enterprise and several local unions that have resulted in preservation and expansion of news operations. Understandings were reached among the unions and the employer through principled collaboration and constructive dialogue focused on the legitimate business issues at the heart of these negotiations.
  • Represented Fortune 500 company in surprise unannounced investigation by the Wage and Hour Division of the U.S. Department of Labor of the company's payroll practices and federal wage and hour compliance at the relevant establishment.  At the conclusion of the investigation, the agency investigator expressed appreciation for the company’s professionalism.
  • With diplomatic counseling, worked through highly sensitive workplace conduct issues at an employer in the public eye. The situation was resolved quietly and amicably with no adverse publicity.
  • Defended a transportation employer in federal district court litigation implicating alleged race, national origin, and disability discrimination.  The matter was resolved in mediation for far less than defense costs.
  • Represented employer during reorganization of a national non-profit. No charges arose out of this reorganization. The employer subsequently has been able to expand its services.

Recognitions

  • The Best Lawyers in America© (2013 to 2015)
    • Washington, D.C.: Employment Law–Management
    • Washington, D.C.: Litigation–Labor & Employment
  • Martindale-Hubbell: AV Preeminent

Services

Admissions

  • U.S. Supreme Court, 1994
  • U.S. Court of Appeals, Tenth Circuit, 1979
  • U.S. Court of Appeals, Third Circuit, 1986
  • U.S. Court of Appeals, District of Columbia Circuit, 1987
  • U.S. Court of Appeals, Fifth Circuit, 1990
  • U.S. Court of Appeals, First Circuit, 1994
  • District of Columbia, 1978

Education

  • J.D., Georgetown University Law Center, 1978
  • A.B., Bowdoin College, 1975, summa cum laude

Blog

In The Blogs

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Employment Class Action Blog
“Lies, D*mned Lies, and Statistics”: Fourth Circuit Affirms Summary Judgment Against EEOC on Background Check Lawsuit Based Upon Faulty Statistical Analysis
March 18, 2015
We’ve written before on the questionable statistics used by the U.S. Equal Employment Opportunity Commission (EEOC) in other cases, and a recent court of appeals case involving background checks suggests that the EEOC is continuing to use...
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Employment Class Action Blog
Opalinski v. Robert Half International, Inc. — A Footnote in a Prior Opinion Doesn’t Signal the Supreme Court’s Willingness to Resolve Who Decides the Availability of Class Arbitration
March 12, 2015
After reading the Supreme Court’s opinion in Oxford Health Plans, LLC v. Sutter, 133 S. Ct. 2064 (2013), some might have concluded that the Court was ready to resolve who determines the availability of class arbitration court or arbitrator...
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Employment Class Action Blog
Ding-Dong, Yard-Man Is Dead! Supreme Court Decision in Tackett a Huge Win for Employers in the Retiree Healthcare Arena
January 28, 2015
On Monday, a unanimous United States Supreme Court issued its decision in M & G Polymers USA, LLC v. Tackett, Supreme Court Case No. 13-101, vacating and remanding the Sixth Circuit’s holding that a group of retirees was entitled to...
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Employment Class Action Blog
The Supreme Court’s denial of certiorari in Iskanian only hardens the federal-state divide over PAGA claims
January 21, 2015
The divide continues between California and federal law on whether an arbitration agreement can entirely waive an employee’s ability to seek classwide or multiparty representational relief. The Supreme Court on Tuesday denied certiorari in...
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Employment Class Action Blog
Court Approves Overtime Class Settlement After Initially Rejecting It
January 16, 2015
We wrote last May about the court’s rejection of a $1.75 million settlement in Cruz v. Sky Chefs, Inc., Case No. C-12-02705 DMR (N.D. Cal. 2014) [May 27, 2014]. The court’s decision related to the settlement of run-of-the-mill California...
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