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

  • Best Lawyers in America© (2013 to 2015)
    Copyright 2013 by Woodward/White, Inc., of Aiken, SC
    • 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
Minnesota District Court Rejects Nationwide Scope and Conditionally Certifies Class of One Chipotle Store
September 18, 2014
Employees win most motions for conditional certification under the FLSA, with many courts declining to perform a probing analysis at that stage.  A recent case from the District of Minnesota, in which the court still applied a deferential...
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Employment Class Action Blog
Third Circuit Affirms Dismissal of Class Allegations for Vague Pleading
September 17, 2014
 “’Twas brillig, and the slithy toves Did gyre and gimble in the wabe: All mimsy were the borogoves, And the mome raths outgrabe.” Whenever I see the names of the Iqbal and Twombly pleading cases, I can’t help but feel that the names were...
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Employment Class Action Blog
District Court Refuses to Certify Class of “Non-Liturgical” Protestant Navy Chaplains
September 8, 2014
Given the rich diversity and array of religions, and the First Amendment prohibitions both on the establishment of religion and impeding the free exercise of religion, the appointment and promotion of chaplains in the military has to be a...
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Employment Class Action Blog
Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees
By Todd H. Lebowitz
September 2, 2014
The brain teaser game, What am I? can keep kids and adults occupied for hours: The more you take of me, the more I leave behind.  What am I? I have a face but no eyes, hands but no arms.  What am I? I disappear every time you say my name. ...
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Employment Class Action Blog
Sixth Circuit Affirms Dismissal of Class Claims Regarding Disability Benefits
August 29, 2014
ERISA benefit claims are frequently of only modest size individually, but can become overwhelming in a class context.  A decision this week from the Sixth Circuit affirms the dismissal of a putative class-wide disability claim under a...
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