October 16, 2021

Volume XI, Number 289

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David Szwarcsztejn

David’s practice is focused on defending employers in wage and hour class, collective, and representative actions under the California Labor Code Private Attorneys General Act (PAGA), through and including trial.  David has spearheaded successful efforts to defeat class certification in highly-contested actions involving claims for unpaid overtime, meal and rest period violations, failure to reimburse business-related expenses, inaccurate wage statements, and other purported violations.  In addition, David has extensive experience representing companies and managers in actions involving claims of harassment, discrimination, retaliation, unfair competition, and whistleblowing claims in federal and state court.

David routinely counsels and represents employers in a variety of industries, most significantly in the retail, hospitality, health and science, technology, and financial services sectors.  Drawing on his experience as a litigator, he works closely with clients to manage litigation risk through the development of effective, compliant workplace policies that align with the operational needs and strategic goals of their business.

David’s trial experience includes bench and jury trials resulting in complete defense judgments in a statewide wage and hour class action, a multimillion-dollar corporate raiding lawsuit, and single plaintiff wrongful termination and unpaid wages actions.  David has represented employers in both state and federal courts, private arbitration, and agency proceedings before the U.S. Department of Labor, Equal Employment Opportunity Commission, California Labor Commissioner, California Department of Fair Employment and Housing, Cal-OSHA, and the California Workers’ Compensation Appeals Board.

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Articles in the National Law Review database by David Szwarcsztejn

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