David R. Golder
Firm: Jackson Lewis P.C.
Address: 90 State House Square, 8th Floor
Hartford, CT 6103
Membership: Professional Associations and Activities•Connecticut Bar Association, Labor and Employment Section
University: Emory University, B.A., Phi Beta Kappa, 1996, University of Pennsylvania School of Law, J.D., 2001 Associate Editor, Journal of Labor/Employment Law
Admitted: 2002, New York and Massachusetts; 2007, California; 2008, Connecticut; 2010, 3rd Circuit Court of Appeals; 2013, 2nd Circuit Court of Appeals
Biography: David R. Golder is a Shareholder in the Hartford, Connecticut, office of Jackson Lewis P.C. Mr. Golder specializes in handling class and complex litigation, including nationwide, high-stakes wage and hour disputes. Mr. Golder defends employers in class-based, multi-plaintiff, and multi-district wage and hour class and collective actions involving claims for employee misclassification, improper payment of wages, off-the-clock work, and meal and rest break violations. Mr. Golder also provides preventive advice and counsel to employers wishing to limit their exposure to investigation and litigation under the federal Fair Labor Standards Act and the state laws that require employers to pay overtime and minimum wages to their employees.Mr. Golder defends employers in employment disputes, such as claims of discrimination, harassment, retaliation, and wrongful discharge in state and federal courts and administrative agencies.Mr. Golder advises management on personnel matters such as hiring, firing, performance management, internal investigations, and disability accommodation. He also assists employers in preparing employee handbooks and internal policies and procedures.Class and Collective Action ExperienceMr. Golder has handled numerous class and collective actions including wage and hour claims alleging claims for improper payment of bonuses, misclassification of customer service employees, dispatchers, trainers, field service representatives, auto service writers, assistant retail managers, time share resort salespeople, pharmaceutical sales representatives and installation technicians and failure to pay minimum wage to tipped employees. Mr. Golder has handled class and/or collective actions in California, Connecticut, Florida, Illinois, Massachusetts, Missouri, New Jersey, New York, Tennessee and Washington. Results in those cases include:•Defeated Rule 23 class certification motion for class of mortgage underwriters in U.S.D.C. for District of Connecticut;•Defeated Rule 23 class certification motion of a national Title VII gender discrimination case in U.S.D.C. for the Southern District of New York and successfully opposed Rule 23(f) appeal to the Second Circuit;•Defeated conditional certification of a nationwide class of inside sales persons in U.S.D.C. for the District of Miami;•Defeated conditional certification of a nationwide class of trainers and field service representatives who worked for a defense contractor in U.S.D.C. for the Eastern District of Missouri;•Defeated conditional certification of a nationwide class of pharmaceutical sales representatives in U.S.D.C. for the District of Miami;•Obtained dismissal of a state law class action seeking relief under a variety of state law causes of action as a result of an alleged misclassification as an exempt employee on the grounds that the claims were preempted by federal and state wage statutes;•Compelled arbitration on an individual basis for named plaintiffs in a putative collective action in U.S.D.C. for the District of Orlando;•Defeated conditional certification of a nationwide class of pharmaceutical sales representatives and obtained summary judgment against the plaintiff for breach of contract which included a class action waiver in U.S.D.C. for the Northern District of Illinois;•In another national pharmaceutical sales representative case, compelled transfer of a collective action based on a forum selection clause to a Circuit which previously ruled on two occasions that such representatives are administratively exempt;•Compelled arbitration on an individual basis and defeated class certification in an independent contractor misclassification case;•Obtained extremely favorable resolution of nationwide misclassification claim related to assistant retail managers after conditional certification was granted;•Obtained dismissal of various state law claims from a nationwide Fair Labor Standards Act collective action;•Obtained voluntary withdrawal of nationwide collective action to include individuals residing only in the state where the case was venued after early and aggressive communications with plaintiffs' counsel;•Obtained settlement of nationwide collective action with an extremely favorable individual settlement with individual named plaintiff.Honors and Recognitions•Connecticut Law Tribune, “New Leaders in the Law” (2012) Published Works• Contract With Connecticut? Watch What You Pay, Connecticut Law Tribune (July 2013) [Co-Author] • No Free Lunch: How to Avoid Liability for Improper Lunch Breaks, Employment Alert (January 2009) [Author] • Top 10 Wage and Hour Mistakes to Avoid, GC New England (2009) [Co-Author] • Paying the Price for Independent Contractors, Connecticut Law Tribune (April 2010) [Co-Author] •Labor and Employment Law: Compliance and Litigation, 3rd ed. (MA: Thomson Reuters/West, 2006) [Co-Author] PublicationsJuly 17, 2013Connecticut to Increase Minimum Wage in 2014 and 2015July 17, 2013Governor Dannel P. Malloy has signed legislation to increase Connecticut's hourly minimum wage over two years by $.75 to $9.00 by January 1, 2015. Under the new law (Public Act No. 13-117), effective January 1, 2014, the state minimum wage will rise from $8.25 per hour to $8.70 per hour. A second increase, effective January 1... June 26, 2013Connecticut Amends Personnel Files Access Law, Specifies How Quickly Access Must be ProvidedJune 26, 2013The Connecticut Personnel Files Act gives employees in the state the right to inspect their personnel files. Governor Dannel Malloy has signed into law significant amendments to the Act that become effective October 1, 2013. Senate Bill 910 creates a distinction between current and former employees and expedites the time and manner in... EventsNovember 6Rocky Hill, CTCBIA/Jackson Lewis Employment Law ConferenceNovember 6, 20157:30 AM - 2:30 PM ESTSheraton Hartford South Hotel100 Capital BoulevardRocky Hill, CT 06067 Join us and learn how to avoid potentially devastating lawsuits and keep your workplace productive while facing chall...