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 former 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 2019)
    • Recognized Practitioner (2017 to 2019)
  • The Legal 500 United States (2015 to 2019)
    • Recommended in Labor and employment disputes (including collective actions): defense (2015 to 2019)
    • Recommended in Labor-management relations (2015 to 2017, 2019)
  • 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
Employer's Profit-Sharing Plan Is Not Covered by ERISA, Pennsylvania Federal Court Finds
By Gilbert P. Brosky
July 2, 2019
One of the most fundamental, but often overlooked, defenses in ERISA litigation is that the plaintiff did not allege a violation of an actual ERISA plan. An at-issue document/provision cannot be an ERISA pension plan unless it provides...
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Employment Class Action Blog
NY Law Doesn't Prevent Arbitration of Sexual Harassment Claims
By John B. Lewis
July 1, 2019
Recent New York legislation in reaction to the #MeToo movement has sought to limit or foreclose arbitration of employment-related disputes. See N.Y. C.P.L.R. § 7515 (“§ 7515”) and its June 19, 2019, amendment, bill S6577/A842. The bill...
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Employment Class Action Blog
Tennessee District Court Conditionally Certifies ADEA Collective Action
By Gregory V. Mersol
June 14, 2019
Connecting the dots will likely be a problem down the road . . . The overwhelming majority of employment class or collective actions today are wage and hour matters. The two-step paradigm for certifying wage and hour claims under the Fair...
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Employment Class Action Blog
Can Delivery Drivers Be Compelled to Arbitrate After New Prime? New Jersey Appellate Courts Seem to Take Conflicting Positions
By John B. Lewis
June 10, 2019
After New Prime v. Oliveira, 139 S. Ct. 532 (2019), many wondered if state arbitration law could be applied when transportation workers were found to be exempt from the Federal Arbitration Act (FAA) based on § 1. See our January 17, 2019...
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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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