How

Practice Areas

Litigation/Trials

David has personally litigated 100’s of cases, emphasizing wrongful discharge, discrimination, retaliation, harassment, trade secret, privacy, union disputes, class actions, unfair competition, wage and hour, trust fund disputes, administrative writs, breach of contract, business torts, fraud, ERISA benefit cases, etc.   He has tried 25+ cases to verdict in state and federal courts, and handled over 30 appeals in the Ninth Circuit, California Courts of Appeal and Supreme Court.

Counseling/Advice

David routinely counsels and advises HR professionals, managers, executives, and owners, of large and small businesses, nonprofit organizations, government contractors and individuals, on employee crises, terminations, hiring, layoffs, discipline, wage/hour compliance, investigations, business acquisitions/reorganizations, personnel policies, records retention, leaves of absence, harassment, disability accommodation, information security, performance management, workplace violence, background checks, conflicts of interest, etc., answering questions like:  Can I terminate this employee now?  An employee’s FMLA leave expired, but their doctor says they’re still disabled, what can I do?  An employee is answering emails while on vacation, can I still count those as vacation days?  If an employee claims he’s suffering work stress from his manager, do I have to accommodate him?  Some employees want to work through lunch, do I have to let them?  If so, how do I pay them?

Training

David conducts in-house training and coaching for supervisors, managers, and other employees, on employment law red-flags, documentation best practices, investigations, discrimination and harassment, strategic personnel communications, etc.

Contracts

David negotiates, drafts and revises offer letters, employment, consulting and independent contractor agreements, separation agreements, wage/hour agreements, and has conducted union CBA negotiations.

Personnel Policies/Practices

David regularly analyzes, develops and revises employment law policies and practices (for leaves, compensation, meal/rest breaks, overtime, vacation, drug-testing, arbitration, moon-lighting, comp-time, terminations, harassment, uniforms, etc.), finding positive solutions for clients within the foul lines of legal and regulatory compliance.  David also manages and conducts in-house investigations. He favors developing proactive, forward-looking preventative strategies for minimizing employment law risks.

Agency Proceedings

David frequently represents clients before all types of state and federal employment law agencies, including the EEOC, DFEH, DOL, DLSE, EDD, OFCCP and NLRB, and various municipal entities.  He had managed, negotiated, litigated, and resolved numerous agency disputes.