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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 Group.

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.

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 Connecticut class certification in wage/hour case involving prevailing wage and overtime claims;
  • 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

  • Chambers USA, Recognized Practitioner (2019)
  • Connecticut Law Tribune, “New Leaders in the Law” (2012)
  • Connecticut Super Lawyers® (2015-present)
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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

June 27, 2019
Law 360

David Golder and Eric Magnus Discuss Implications of Enforcing Arbitration Agreements with Class Action Waivers

June 27, 2019

David Golder and Eric Magnus discuss the implications for employers ​imposing and enforcing workplace arbitration agreements with class action waivers in "Employers Debating Arbitration Pacts, Jackson Lewis Says," published by Law360. Subscription may be required to view article Read More

May 30, 2019
Jackson Lewis

Jackson Lewis Recommended in The Legal 500 2019

May 30, 2019

WHITE PLAINS, NY (May 30, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce the firm and its attorneys have been recommended in The Legal 500 United States 2019 in the following practice areas falling under the Labor and Employment designation: Employee Benefits, Executive Compensation... Read More

April 25, 2019
Jackson Lewis

Chambers USA Recognizes Jackson Lewis and Its Attorneys in 2019 Edition

April 25, 2019

WHITE PLAINS, NY (April 25, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce the firm and 72 of its attorneys have been recognized in the 2019 Edition of Chambers USA: America’s Leading Lawyers for Business, a prestigious annual guide ranking the leading law firms in the U.S.... Read More

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October 8, 2019

DOL Proposes FLSA Regulations to Close Door on ‘80/20’ Rule, Implement Tip Pooling Amendments

October 8, 2019

The Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) on October 8, 2019, to eliminate the “20% Rule,” or “80/20 Rule,” under the Fair Labor Standards Act (FLSA). The 20% Rule, which first appeared in a DOL Field Operations Handbook (FOH) in 1988, requires employers to pay tipped employees the full minimum... Read More

September 20, 2019

Bill to Nullify Mandatory Predispute Arbitration Agreements Passes in U.S. House

September 20, 2019

The U.S. House of Representatives has passed the “Forced Arbitration Injustice Repeal Act” (FAIR Act), which aims to nullify mandatory, predispute arbitration agreements and class-action waivers for employment, consumer protection, antitrust, and civil rights matters. The FAIR Act, H.R. 1423, passed 225-186 in the House on September... Read More

September 17, 2019

Class Action Trends Report Summer 2019

September 17, 2019

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: California Consumer Privacy Act breaks new ground GDPR set the course State consumer privacy and security laws likely to proliferate... Read More

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See All Upcoming David R. Golder Events

Nov 8

New York, NY
Register Now

Complex Class Action Summit

November 8, 2019 - 8:30 AM to 5:45 PM EST
101 Park Avenue - New York, NY
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
Register Now

See AllBlog Posts by David R. Golder

Jackson Lewis Complex Class Action Summit – November 8th
October 11, 2019

Join Jackson Lewis P.C.’s Class Actions and Complex Litigation attorneys on November 8th for a full day CLE program where we will discuss key strategies for defending and avoiding class actions. We will also review new trends and challenges facing employers. Click here for a full list of topic descriptions. Read More

Class Action Trends Report Summer 2019
September 18, 2019

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. Read More

The Next Wave? Serial Discrimination Filings from Prior Class Claims
June 26, 2019

Notwithstanding the employers’ victory at the U.S. Supreme Court in Epic Systems Corp. v. Lewis, which made it clear that arbitration and class action waiver regimes do not violate the National Labor Relations Act, employers are now facing another obstacle: serial arbitration filings. Read More