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David R. Golder

Principal
Hartford

P 860-522-0404
F 860-247-1330
David.Golder@jacksonlewis.com

Biography

David R. Golder is a Principal in the Hartford, Connecticut, office of Jackson Lewis P.C. He is Co-Leader of the Class Actions and Complex Litigation practice. Mr. Golder has extensive experience 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.

Honors and Recognitions

Class and Collective Action Experience

Mr. 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.

Professional Associations and Activities

  • Connecticut Bar Association, Labor and Employment Section

Published Works

  • Interview by the CBIA’s Business Minute, airing on WICC-AM and WTIC-AM radio stations, regarding changes to the FLSA
  • “Changes Coming to Rules for White-Collar Workers,” The Connecticut Law Tribune (April 2016) [Co-Author]
  • "New Rules Will Restrict White-Collar OT Exemptions," Connecticut Law Tribune (July 2015) [Co-Author]
  • "Contract With Connecticut? Watch What You Pay," Connecticut Law Tribune (July 2013) [Co-Author]
  • "Paying the Price for Independent Contractors," Connecticut Law Tribune (April 2010) [Co-Author]
  • "Top 10 Wage and Hour Mistakes to Avoid," GC New England (2009) [Co-Author]
  • "No Free Lunch: How to Avoid Liability for Improper Lunch Breaks," Employment Alert (January 2009) [Author]
  • Labor and Employment Law: Compliance and Litigation, 3rd ed. (MA: Thomson Reuters/West, 2006) [Co-Author]

See AllDavid R. Golder in the News

November 7, 2016
The Connecticut Business & Industry Association

David Golder Discusses the FLSA Final Overtime Rule

November 7, 2016

David Golder discusses the FLSA Final Overtime Rule and what employers need to know in "Business Minute: FLSA Final Overtime Rule," published by The Connecticut Business & Industry Association. Subscription may be required to view article Read More

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August 13, 2018

Class Action Trends Report Summer 2018

August 13, 2018

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Disparate impact — discrimination by the numbers Is the FCRA class the new FLSA wage and hour class? Other class action developments... Read More

June 28, 2018

U.S. Supreme Court Roundup – 2017-2018

June 28, 2018

The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and the Fair Labor Standard Act’s “automobile dealer” overtime exemption. The Court also examined who is a “... Read More

June 11, 2018

Class Action Stacking Is Not Permitted, U.S. Supreme Court Rules

June 11, 2018

Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth Bader Ginsburg. China Agritech, Inc. v. Resh, No. 17-432 (June 11, 2018). Justice Sonia Sotomayor filed an opinion... Read More

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See AllBlog Posts by David R. Golder

Jackson Lewis Class Action Trends Report Summer 2018
August 13, 2018

Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report.  This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer.  We hope you will find this issue to be informative and insightful.  Using our considerable experience in defending hundreds of... Read More

Class Action Stacking Is Not Permitted, U.S. Supreme Court Rules
June 11, 2018

Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth Bader Ginsburg. China Agritech, Inc. v. Resh, No. 17-432 (June 11, 2018). Read More

By Stephanie L. Adler-Paindiris, David R. Golder, Eric Magnus and Collin O'Connor Udell

Supreme Court: Class Action Waivers in Employment Arbitration Agreements Do Not Violate Federal Labor Law
May 21, 2018

Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National Labor Relations Board v. Read More