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 2016)
    • Washington, D.C.: Labor Law - Management (2016)
    • Washington, D.C.: Litigation - Labor & Employment (2013 to 2016)
  • 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
Seventh Circuit Clarifies Rules for Compensating Tipped Employees Performing Non-tipped Work
July 28, 2016
The Fair Labor Standards Act (FLSA) and most states permit restaurants to pay tipped employees a tip-credit rate, an amount less than the minimum wage with the expectation that tips will make up the difference. It goes without saying...
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Employment Class Action Blog
Here’s a Tip for You, Jack – Fifth Circuit Upholds Ruling on Restaurant Credit Card Offset
June 23, 2016
Life is filled with risky decisions. Should you take that new job? Should you put in an offer on that house that is just out of your price range? Should you really eat that last piece of cake when you’ve already had two? Companies make big...
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Employment Class Action Blog
Court Grants Summary Judgment for Employer in California Class Action Vacation Pay Case
June 15, 2016
Underlying claim premised on PowerPoint slide invalid Most California employers know that California treats vacation pay largely as a vested benefit that cannot ordinarily be “forfeited.” In common parlance, the state prohibits “use it or...
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Employment Class Action Blog
Sixth Circuit Rejects Class Action Settlement With Key Documents Under Seal
June 7, 2016
All’s not fair in secretive class-action settlements. If class actions are the exception (see Wal-Mart Stores, Inc. v. Dukes), then class-action settlements are a reflection of that exception. Specifically, the secrecy that might otherwise...
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Employment Class Action Blog
Eighth Circuit Stays the Course in the Cellular Sales of Missouri Opinion, Rejecting the NLRB’s Arguments Against Class Waivers
June 6, 2016
Following in the wake of an earlier opinion, the Eighth Circuit rebutted the National Labor Relations Board’s (“Board”) arguments that by requiring employees to enter into arbitration agreements with a class and collective action waiver...
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