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 present)
    • Washington, D.C.: Labor Law – Management (2016 to present)
      • Best Lawyers® 2018 "Lawyer of the Year"
    • 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
Ninth Circuit Affirms Decertification of FLSA Off-the-Clock Case
By Gregory V. Mersol
September 21, 2018
No, that isn’t a typo – it was the Ninth Circuit. Those familiar with collective action litigation are already familiar with the two-step paradigm most courts use to evaluate collective action claims. In the first stage, commonly misnamed...
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Employment Class Action Blog
California Courts Limit Derivative Wage Statement Claims
By Joseph S. Persoff
August 29, 2018
A common tactic for plaintiffs bringing wage and hour claims is to tack onto those claims an inaccurate wage statement claim under California Labor Code § 226. Here’s an example: A plaintiff brings a claim alleging that she was not paid...
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Employment Class Action Blog
And Yes, Epic Systems Applies to Independent Contractors, Too
By Gregory V. Mersol
August 27, 2018
Unreported opinion will also impact potential counterstrategy Just three months ago, the Supreme Court rendered its decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), in which it rejected perhaps the largest remaining...
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Employment Class Action Blog
California Meal Period Claim Done In by Collective Bargaining Agreement
By Gregory V. Mersol
August 24, 2018
While the proportion of private sector employees represented by unions is down, unions retain an important workplace role, and the terms of collective bargaining agreements can both affect and be fatal to wage and hour litigation. That was...
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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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