David Szwarcsztejn

David represents employers in high-stakes employment litigation including individual, class, representative, and collective actions, through and including trial. His practice is focused on defending employers in California wage and hour class and PAGA representative actions. David has spearheaded successful efforts to defeat class certification in highly contested actions involving claims for unpaid overtime and minimum wages, regular rate of pay violations, meal and rest period violations, business expense reimbursement, inaccurate wage statements, suitable seating, 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 employers and management in all aspects of employment law, including separations, workplace investigations, sexual harassment training, workplace policies, and a particular concentration on wage and hour audits and compliance issues across a variety of industries, most significantly in the retail, health and science, technology, and transportation sectors.

His strategic guidance and assistance on complex wage and hour issues, such as off-the-clock, wage statement, paid sick leave, independent contractor, suitable seating, and PAGA claims has resulted in successful results for clients, including defeat of class certification, summary judgment on a class basis, and complete defense verdicts at trial, as well as favorable settlements and pre-litigation resolutions. Drawing on his experience as a litigator, David 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.

Solutions in action

• Obtained complete defense judgment in bench trial of California-wide class of automotive technicians on claims challenging legality of their employer’s compensation program.
• Successfully defeated class certification of expense reimbursement claim for national warehouse club grocer.
• Successfully opposed class certification in California putative wage and hour class action on behalf of distribution center workers of national retailer. Following aggressive precertification litigation, the plaintiff sought class certification on only three of the numerous claims advanced in the complaint. The Court denied class certification on all three claims.
• Obtained summary dismissal of PAGA claims following denial of class certification for electronics retailer.
• Obtained denial of class certification in representation of global provider of kitchenware, tableware, and home décor with respect to unpaid overtime and break violation claims on behalf of putative class of warehouse workers.
• Obtained voluntary precertification dismissal of misclassification class claims against developer and produce or semiconductor devices and components, following aggressive early litigation.
• Secured transfer of action filed in California by out-of-state plaintiff who improperly sought protection of California’s favorable employment laws.
• Successful dismissal of wage and hour state agency audit against computer hardware manufacturer.
• Successful defense of criminal negligence investigation in connection with workplace fatality incident.
• Negotiated favorable early resolutions in class and PAGA actions against employers in a variety of industries.
• Defended and obtained favorable settlements in numerous administrative wage claims before the California Labor Commissioner.