David A. Grant

Partner

Washington, D.C.
T +1.202.861.1638
F +1.202.861.1783

"...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

Overview

David Grant is the current co-leader of the firm’s Wage and Hour Compliance Practice team and the immediate past chair of the firm’s Labor and Employment Group. He has more than 40 years of experience in representing clients in wage and hour matters and investigations, unfair labor practice charges and hearings, collective bargaining negotiations, litigation, mediation and arbitration. He guides clients through the panoply of labor and employment issues they may encounter, with the goal of zealously representing them 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 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, Labor Law and Litigation and in The Legal 500. He is a contributor to BakerHostetler’s Employment Law Spotlight blog, offering commentary on recent issues and trends affecting employers.

Select Experience

  • Represents government contractors in employment and labor 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 a security company faced with public picketing and unfair labor practice charges initiated by a 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 a local affiliate of a leading media enterprise and several local unions that have resulted in the 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 government contractors in employment and labor 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 a security company faced with public picketing and unfair labor practice charges initiated by a 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 a local affiliate of a leading media enterprise and several local unions that have resulted in the 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 a Fortune 500 company in a 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 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 the defense costs.
  • Represented an employer during the reorganization of a national nonprofit. No charges arose out of this reorganization. The employer subsequently has been able to expand its services.

Recognitions and Memberships

Recognitions

  • Chambers USA: Labor & Employment in the District of Columbia (2017 to 2019)
    • Recognized Practitioner (2017 to 2019)
  • The Legal 500 United States (2015 to 2021)
    • Recommended in Workplace and employment counseling (2021)
    • Recommended in Labor and employment disputes (including collective actions): defense (2015 to 2019)
    • Recommended in Labor-management relations (2015 to 2017, 2019 to 2021)
  • The Best Lawyers in America®
    • Washington, D.C.: Employment Law – Management (2013 to Present)
    • Washington, D.C.: Labor Law – Management (2016 to Present)
      • Best Lawyers® "Lawyer of the Year" (2018)
    • Washington, D.C.: Litigation – Labor & Employment (2013 to Present)
  • Martindale-Hubbell: AV Preeminent

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
The Vote is In, FAA Sections 9 And 10 Do Not Provide "Look-Through" Jurisdiction to Confirm or Modify Arbitral Awards
By John B. Lewis
April 6, 2022
Our prior blog articles predicted that the outcome in Badgerow v. Walters, No. 20-1143, might turn on whether the plain text of the Federal Arbitration Act (FAA) or its purposes would prevail. See our June 16 and Nov. 9, 2021 blog articles...
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Employment Law Spotlight
DOL Continues Contractor Regulatory Onslaught with $15-per-Hour Minimum Wage for New and Extended Contracts
By Marc A. Antonetti, David A. Grant
November 30, 2021
It has been a challenging month for federal government contractors. First came the Biden administration’s pronouncement on mandatory vaccinations. Unlike the Department of Labor’s (DOL) Occupational Safety and Health Administration...
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Employment Law Spotlight
The Department of Labor's Latest Final Rule Publication Regulates Managers Who Receive Tips and Delineates Willful Violations of the FLSA
By David A. Grant, Caroline M. Landt
September 29, 2021
“Drip, drip, drip” is the best description of the Biden administration’s staggered attack on the 2020 Tip Final Rule through delays, withdrawals, amendments and notice of proposed rulemaking (NPRM). The latest action by the Department of...
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Employment Law Spotlight
The Devil Is In the Details: Department of Labor Publishes Tipped Employee Proposed Final Rule
By David A. Grant, Caroline M. Landt
June 23, 2021
The U.S. Department of Labor (DOL) published its Notice of Proposed Rule Making (NPRM) regarding tipped employees. Rejecting the Trump administration’s proposed rules governing tip-credit employees performing non-tipped duties, the DOL...
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Employment Law Spotlight
Taking Tips? Department of Labor Announces Timing for Tipped Employee Final Rule Implementation
By Jacob A. Bruner, David A. Grant, Caroline M. Landt
March 26, 2021
The U.S. Department of Labor (DOL) this week announced the timing for implementation of its much-awaited Final Rule controlling which employees can participate in a mandatory tip pool and changes to the “80/20” rule. The Final Rule, which...
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