David Jonathan Fishman

David represents management and individual entrepreneurs in all aspects of litigation from inception through resolution. He handles all facets of the litigation process in labor and employment disputes and has successfully arbitrated and tried cases on behalf of his clients. David has defended employers against charges of race, sex, age, national origin, ancestry, and disability discrimination; harassment; retaliation; wrongful discharge in violation of public policy; unfair competition and defamation.

He also defends employers in wage and hour class actions and Private Attorney General Act (“PAGA”) representative actions including claims for overtime, meal and rest periods, waiting time penalties, and other purported wage and hour violations. David has specific experience under the California Fair Employment and Housing Act, Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and federal and California wage and hour laws.

He advises clients regarding personnel policies and procedures, employee discipline matters, employee handbooks, wage and hour compliance, and other employment issues. He also conducts employee training and investigations at the workplace and has authored several articles on various employment law matters.

Experience

David handles complex employment law and wage and hour disputes for a nationwide client base including Fortune 500 companies. Representative matters include:

•Obtained a published opinion by the California Court of Appeal in favor of a hospitality company with regard to time rounding and meal/rest period premium pay;
•Prevailed in a jury trial on behalf of a nationwide retailer in an age and disability discrimination case;
•Secured a defense jury verdict for an entertainment company in a sexual harassment and wrongful constructive termination case;
•Represented a transportation company in successfully opposing class certification and obtaining summary judgment on claims that the company failed to reimburse drivers for reasonable and necessary expenses; and
•Represented an entertainment company in a successful demurrer to claims for disability discrimination, sexual orientation harassment, and retaliation.

Professional Activities & Recognition

Honors

•Southern California Rising Star, Super Lawyers (Labor & Employment Law)