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 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 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, labor law and litigation. 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 a 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 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 a 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 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 2018)
    • Recognized Practitioner (2017 to 2018)
  • The Legal 500 United States (2015 to 2017)
    • Recommended in Labor and employment disputes (including collective actions): defense
    • Recommended in Labor-management relations
  • The Best Lawyers in America©
    • Washington, D.C.: Employment Law – Management (2013 to 2018)
    • Washington, D.C.: Labor Law – Management (2017, 2018)
      • Best Lawyers® 2018 "Lawyer of the Year"
    • Washington, D.C.: Litigation – Labor & Employment (2013 to 2018)
  • 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
Federal Circuit Affirms Dismissal of Independent Contractor Misclassification Claims
By Gregory V. Mersol
July 18, 2018
My father grew up in Nazi-occupied Europe during World War II and would tell the story of how an official would come to his family’s home to modify their radio so they could not receive BBC broadcasts. Shortly after the official left, the...
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Employment Class Action Blog
Eighth Circuit Quashes Subpoena for Related Entities in FLSA Case
By Gregory V. Mersol
July 9, 2018
It’s fairly uncommon to see discovery issues make their way to courts of appeal, particularly in class action or wage and hour cases. Last week, however, the Eighth Circuit issued a decision regarding the scope of discovery in a wage and...
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Employment Class Action Blog
New York District Court Rejects Putative Class Settlement Involving Interns
By Gregory V. Mersol
July 5, 2018
An improper class still isn’t a class even if you settle Here’s something you don’t see every day. A district court has rejected the settlement of a proposed class and collective action – not due to the usual reasons such as excessive...
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Employment Class Action Blog
Illinois District Court Rejects Bid to Hold Jimmy John’s Liable for Franchisees’ Employees
July 3, 2018
Fast food enterprises are frequent targets for claimed wage and hour violations. Because in many instances the places where the plaintiff worked is actually a franchise, the scope of a claim or proposed class may be limited to a few...
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Employment Class Action Blog
Supreme Court Exemption Decision Could Have Broader Repercussions
By David A. Grant
April 2, 2018
Need FLSA exemptions be narrowly construed? On April 2, the United States Supreme Court issued its decision on the issue of whether the Fair Labor Standards Act’s (FLSA) exemption for those selling or servicing automobiles at car...
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