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 Legal 500 United States: "Recommended Lawyer"
    • Labor and employment - Labor and employment litigation (2015)
    • Labor and employment - Labor-management relations (2015)
  • The Best Lawyers in America©
    • Washington, D.C.: Employment Law - Management (2013 to 2016)
    • Washington, D.C.: Labor Law - Management (2016)
    • Washington, D.C.: Litigation - Labor & Employment (2013 to 2016)
  • 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
New York District Court Denies Conditional Certification of Second FLSA Collective Action
August 27, 2015
Because of the low standard employed by many courts, decisions denying conditional certification in FLSA cases are generally in the minority, but some careful courts will continue to make such decisions. A recent case is notable not only...
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Employment Class Action Blog
DOL Memo Provides Script for FLSA Collective Actions Alleging Independent Contractor Misclassification
By Todd H. Lebowitz
July 16, 2015
The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer of a...
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Employment Class Action Blog
Washington Federal Court Decertifies Class of Insurance Agents Alleging Entitlement to Overtime
July 7, 2015
Challenging the classification of workers as independent contractors continues to be a growing area of focus for plaintiffs’ attorneys. However, as a recent federal case from Washington demonstrates, the fact-intensive inquiry that is the...
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Employment Class Action Blog
Unpaid Internships Given New Life by the Second Circuit
By Todd H. Lebowitz
July 6, 2015
This Blog is Not about Owen Wilson and Vince Vaughn, But… “The Internship” fails the first test of merit for a comedy: “Is it funny?” I find that opening line in a review from The New Yorker hilarious. (Funnier than the movie.) The movie...
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Employment Class Action Blog
FedEx to Pay $228 Million in Independent Contractor Misclassification Settlement
By Todd H. Lebowitz
June 16, 2015
Things that $228 Million will buy: – LeBron James’s waterfront mansion in Miami, listed for $15 million – A 710-year old copy of the Magna Carta, sold in 2007 for $21.3 million – The Oakland A’s, sold in 2005 for $180 million –...
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