David A. Grant

Partner

Washington, D.C.
T 202.861.1638  |  F 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

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 and Labor 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–Management and Litigation–Labor and Employment. 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 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 security company faced with public picketing and unfair labor practice charges initiated by 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 local affiliate of leading media enterprise and several local unions that have resulted in 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 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 security company faced with public picketing and unfair labor practice charges initiated by 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 local affiliate of leading media enterprise and several local unions that have resulted in 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 Fortune 500 company in 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 relevant establishment.  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 defense costs.
  • Represented employer during reorganization of a national non-profit. No charges arose out of this reorganization. The employer subsequently has been able to expand its services.

Recognitions

  • The Legal 500 United States (2015. 2016)
    • Recommended in Labor and Employment: Labor and employment disputes (including collective actions) - defense
    • Recommended in Labor and Employment: Labor-management relations
  • The Best Lawyers in America©
    • Washington, D.C.: Employment Law - Management (2013 to 2017)
    • Washington, D.C.: Labor Law - Management (2017)
    • Washington, D.C.: Litigation - Labor & Employment (2013 to 2017)
  • Martindale-Hubbell: AV Preeminent

Services

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
California Enacts Laws Aimed at Choice of Law Provisions in Arbitration Agreements and the Conduct of Arbitral Proceedings
September 29, 2016
Given California’s past resistance to mandatory arbitration agreements with class action waivers, it should come as no surprise that the state has now enacted two laws primarily directed at arbitration. On Sept. 25, Governor Jerry Brown...
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Employment Class Action Blog
Following Precedent: Second Circuit Reaffirms Position Upholding Arbitration Agreements With Class Action Waivers
September 6, 2016
Amid contrary decisions by the Seventh and Ninth Circuits, the Second Circuit followed its earlier precedent in Patterson v. Raymours Furniture Co., No. 15-2820 (Sept. 2, 2016), enforcing an Employment Arbitration Program (EAP) that...
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Employment Class Action Blog
Reining In Individual Arbitration – Ninth Circuit Rules Class Waivers Unenforceable
By John B. Lewis, Carrie A. Valdez
August 24, 2016
In a 2-1 ruling, the Ninth Circuit became the second federal court of appeals to agree with the National Labor Relations Board’s (NLRB) position that the National Labor Relations Act (NLRA) prohibits class action waivers in employees’...
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Employment Class Action Blog
Subway Adopts Novel Approach to Stem Wage and Hour Claims
August 15, 2016
Subway is one of the largest franchisors in the world, with over 26,000 restaurants in the United States alone. It is also in one of the industries most prone to wage and hour claims, a fact reflected in both Department of Labor (DOL)...
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Employment Class Action Blog
Ninth Circuit Grants 23(f) Review of Denial of Class Certification for Inadequate Representation
August 12, 2016
We’re all familiar with the basic requirements of Rule 23(a), with the focus most frequently on the issues of commonality and typicality under Rules 23(a)(2) and (3). Numerosity under Rule 23(a)(1) can on occasion be an issue with smaller...
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