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: Recognized Practitioner: Labor & Employment in the District of Columbia (2017)
  • 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
Another Off-the-Clock Case Felled by Time Study
October 16, 2017
Last week, we discussed the decision of the Northern District of California in Rodriguez v. Nike Retail Services, Inc., Case No. 14-cv-01508-BLF (N.D. Cal. Sept. 12, 2017), in which the employer’s use of a time study resulted in summary...
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Employment Class Action Blog
Time Study Kills Off-the-Clock Claim
October 13, 2017
In many cases, particularly in light of last year’s decision in Tyson Foods, Inc. v. Bouaphakeo, it is the plaintiff who tries to use statistical evidence in an off-the-clock case to estimate damages (we blogged the Tyson Foods decision...
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Employment Class Action Blog
Illinois Appellate Court Reverses Certification in Off-the-Clock Case
September 26, 2017
With many of the most common sources of overtime claims being exhausted (e.g., assistant manager cases), plaintiffs are bringing off-the-clock cases in increasing numbers. While employers should certainly pay nonexempt employees for the...
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Employment Class Action Blog
Seventh Circuit Affirms Judgment Against Class in Off-Duty BlackBerry Use Case
By Alan L. Friel
September 7, 2017
There certainly has been no shortage of publicity about the potential for wage and hour claims for time spent by hourly employees using smartphones or other electronic devices for work while off duty. Many employers have tried to address...
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Employment Class Action Blog
Ohio District Court Dismisses Contract-Based Wage and Hour Class Action
September 5, 2017
A mud-covered pig is still a pig We’re used to seeing off-the-clock cases for minimum wage and overtime, but at times such claims aren’t available, such as when the employees are paid well above the minimum wage and either do not work...
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