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David Fisher is counsel in the Labor & Employment Practice Group of Davis & Gilbert. He represents companies in all aspects of labor and employment law. Mr. Fisher advises clients with respect to a broad range of matters, including employment agreements, contract issues, terminations, reductions in force, wage and hour issues, sexual harassment investigations, and personnel policies. In addition, he represents employers in federal and state court actions and before administrative agencies related to breach of contract, breach of fiduciary duty, restrictive covenants, and employment discrimination.

Mr. Fisher is recognized by The Legal 500 United States in the area of labor and employment: workplace and employment counseling.

REPRESENTATIVE ENGAGEMENTS

  • Assisted a global wholesale and reinsurance in developing a nationwide retention program for its key employees that included the creation of enforceable restrictive covenants / agreements in jurisdictions throughout the United States.
  • Assisted multiple media and advertising clients in responding to unemployment insurance and workers’ compensation audits conducted by the New York State Department of Labor and California’s Employment Development Department.
  • Won a motion for summary judgment for a chauffeured limousine service, affirmed by the U.S. Court of Appeals for the Second Circuit, dismissing a lawsuit alleging age and national origin discrimination and retaliation.
  • Represented a global financial brokerage business against claims that it hired an employee of a competitor in violation of a non-competition agreement.

SPEAKING ENGAGEMENTS

"Hot Topics in Labor & Employment Law: The Trump Administration, Upcoming NY State and City Law Changes, Benefits Regulations and More," Davis & Gilbert Labor & Employment Seminar, March 2017

"Avoiding and Defending Against the Latest Claims Arising from Meal and Rest Break Violations, Travel Time/Waiting Time, ‘On Call’ Issues and Beyond," American Conference Institute's 29th National Forum on Wage & Hour Claims and Class Actions, January 26-27, 2017

"Consultants, Temporary Workers, and Shared Employees: The Changing Legal Landscape," Davis & Gilbert Labor & Employment Seminar, March 2015

"Fair Play vs. Unfair Competition: Current Issues in Enforcing Restrictive Covenants," Davis & Gilbert Labor & Employment Seminar, July 2014

"Hostile Work Environment, Health Care Reform, and New Legal Developments Impacting Your Daily HR Practice," Davis & Gilbert Labor & Employment Seminar, May 2013

"New Year, New Changes in the Workplace: Technology/Social Media and Key EEOC Initiatives - What You Need to Know NOW,"  Davis & Gilbert Labor & Employment Seminar, March 2012

"The Changing Environment: How Recent Legal Changes Can Impact Your Policies, Procedures and Requirements," Davis & Gilbert Labor & Employment Seminar, November 2011

PUBLICATIONS

Co-Author, “Courts Put Down Their Blue Pencils,” New York Law Journal, October 20, 2014

Co-Author, "Trend Suggests New York Courts May Refuse to Partially Enforce Overly-Broad Restrictive Covenants," D&G Litigation Alert, June 2014

Co-Author, "New York City's Earned Sick Time Act," D&G Labor & Employment Alert, March 2014

Co-Author, "Reevaluating Employee Classifications," PRNews, January 2014

Co-Author, "Court of Appeals Requires that Employers Prove Indefinite Disability Leave is Undue Hardship Under NYC Law," D&G Labor & Employment Alert, November 2013

Co-Author, "Are Restrictive Covenants Enforceable Against Employees Terminated Without Cause?" New York Law Journal, March 25, 2013

Co-Author, "Recent Changes In Georgia And Texas Restrictive Covenant Law," D&G Labor & Employment Newsletter, Winter 2012

Co-Author, "New ADA Regulations Highlight Law's Broad Scope," D&G Labor & Employment Alert, June 2011

Co-Author, "Strategic Responses to the Whistleblower Provisions of the Dodd-Frank Act," Financial Fraud Law Report, March 2011

Co-Author, "Employment Restrictive Covenants and Other Post-Employment Restrictions," Commercial Litigation in New York State Courts, 2010

Author, "How Overtime Laws Apply to Salespeople vs. Administrative Employees," D&G Litigation Newsletter, Spring 2010

PRESS

Quoted, Crain’s New York Business, "Businesses Get Prepared For Storms," by Elaine Pofeldt, March 21, 2014

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association

BAR ADMISSIONS

New York
U.S. District Court, Southern District of New York
U.S. Court of Appeals, Second Circuit

EDUCATION

Cornell Law School, J.D., 2006
Cornell University, School of Industrial & Labor Relations, B.S., 2003


The Legal 500 - The Clients Guide to Law Firms

REPRESENTATIVE ENGAGEMENTS

  • Assisted a global wholesale and reinsurance in developing a nationwide retention program for its key employees that included the creation of enforceable restrictive covenants / agreements in jurisdictions throughout the United States.
  • Assisted multiple media and advertising clients in responding to unemployment insurance and workers’ compensation audits conducted by the New York State Department of Labor and California’s Employment Development Department.
  • Won a motion for summary judgment for a chauffeured limousine service, affirmed by the U.S. Court of Appeals for the Second Circuit, dismissing a lawsuit alleging age and national origin discrimination and retaliation.
  • Represented a global financial brokerage business against claims that it hired an employee of a competitor in violation of a non-competition agreement.

SPEAKING ENGAGEMENTS

"Hot Topics in Labor & Employment Law: The Trump Administration, Upcoming NY State and City Law Changes, Benefits Regulations and More," Davis & Gilbert Labor & Employment Seminar, March 2017

"Avoiding and Defending Against the Latest Claims Arising from Meal and Rest Break Violations, Travel Time/Waiting Time, ‘On Call’ Issues and Beyond," American Conference Institute's 29th National Forum on Wage & Hour Claims and Class Actions, January 26-27, 2017

"Consultants, Temporary Workers, and Shared Employees: The Changing Legal Landscape," Davis & Gilbert Labor & Employment Seminar, March 2015

"Fair Play vs. Unfair Competition: Current Issues in Enforcing Restrictive Covenants," Davis & Gilbert Labor & Employment Seminar, July 2014

"Hostile Work Environment, Health Care Reform, and New Legal Developments Impacting Your Daily HR Practice," Davis & Gilbert Labor & Employment Seminar, May 2013

"New Year, New Changes in the Workplace: Technology/Social Media and Key EEOC Initiatives - What You Need to Know NOW,"  Davis & Gilbert Labor & Employment Seminar, March 2012

"The Changing Environment: How Recent Legal Changes Can Impact Your Policies, Procedures and Requirements," Davis & Gilbert Labor & Employment Seminar, November 2011

PUBLICATIONS

Co-Author, “Courts Put Down Their Blue Pencils,” New York Law Journal, October 20, 2014

Co-Author, "Trend Suggests New York Courts May Refuse to Partially Enforce Overly-Broad Restrictive Covenants," D&G Litigation Alert, June 2014

Co-Author, "New York City's Earned Sick Time Act," D&G Labor & Employment Alert, March 2014

Co-Author, "Reevaluating Employee Classifications," PRNews, January 2014

Co-Author, "Court of Appeals Requires that Employers Prove Indefinite Disability Leave is Undue Hardship Under NYC Law," D&G Labor & Employment Alert, November 2013

Co-Author, "Are Restrictive Covenants Enforceable Against Employees Terminated Without Cause?" New York Law Journal, March 25, 2013

Co-Author, "Recent Changes In Georgia And Texas Restrictive Covenant Law," D&G Labor & Employment Newsletter, Winter 2012

Co-Author, "New ADA Regulations Highlight Law's Broad Scope," D&G Labor & Employment Alert, June 2011

Co-Author, "Strategic Responses to the Whistleblower Provisions of the Dodd-Frank Act," Financial Fraud Law Report, March 2011

Co-Author, "Employment Restrictive Covenants and Other Post-Employment Restrictions," Commercial Litigation in New York State Courts, 2010

Author, "How Overtime Laws Apply to Salespeople vs. Administrative Employees," D&G Litigation Newsletter, Spring 2010

PRESS

Quoted, Crain’s New York Business, "Businesses Get Prepared For Storms," by Elaine Pofeldt, March 21, 2014

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association

BAR ADMISSIONS

New York
U.S. District Court, Southern District of New York
U.S. Court of Appeals, Second Circuit

EDUCATION

Cornell Law School, J.D., 2006
Cornell University, School of Industrial & Labor Relations, B.S., 2003


The Legal 500 - The Clients Guide to Law Firms