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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.

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.

Honors and Recognitions

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]

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February 27, 2019

U.S. Supreme Court Holds Federal Rule of Civil Procedure 23(f) Is Not Subject to Equitable Tolling

February 27, 2019

In a decision important to class action practice, the U.S. Supreme Court has held that Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094 (Feb. 26, 2019... Read More

February 26, 2019

Class Action Trends Report Winter 2019

February 26, 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: Are You My Employee? – Distinguishing independent contractors and employees Prevention Pointer – Is an “independent contract” enough?... Read More

December 12, 2018

Class Action Trends Report Fall 2018

December 12, 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: Are you my employer? A patchwork of tests Only in California Prevention pointer Other class action developments Read More

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See AllBlog Posts by David R. Golder

Illinois BIPA Defendants May Soon Be Getting Relief
March 28, 2019

Many businesses currently are defending a wave of class action lawsuits filed under the Illinois’ Biometric Information Privacy Act, popularly known as “BIPA” ).  The floodgates to litigation were opened earlier this year when the Illinois Supreme Court ruled that individuals need not allege actual injury or adverse effect, beyond a viola Read More

U.S. Supreme Court Allows Zappos Data Breach Litigation to Proceed
March 26, 2019

Yesterday, the U.S. Supreme Court rejected a petition for a writ of certiorari by Zappos requesting the Court to review a Ninth Circuit Court decision which allowed customers affected by a data breach to proceed with a lawsuit on grounds of vulnerability to fraud and identity theft. Read More

U.S. Supreme Court Holds Federal Rule of Civil Procedure 23(f) Is Not Subject to Equitable Tolling
February 27, 2019

In a decision important to class action practice, the U.S. Supreme Court has held that Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094 (Feb. 26, 2019). Read More