David Prather concentrates his practice on employment litigation and advice, representing employers in a broad range of employment matters. He handles employment discrimination and harassment cases (Title VII, ADA, ADEA and FMLA) and cases involving employment-related torts. He has considerable experience with FLSA litigation, including collective/class actions. Before initially joining Ford & Harrison in 2001, David practiced employment law in Mississippi.
In early 2008, David left Ford & Harrison after being appointed by the Bush Administration to serve as the Senior Advisor to the Administrator of the Wage and Hour Division of the United States Department of Labor, the second highest ranking political appointee within the Wage and Hour Division. His duties included oversight of the Wage and Hour opinion letter process, advising on the drafting of regulations and changes to the Field Operations Handbook, and meeting with Senate staff, employee advocates, and industry groups regarding FLSA policy issues.
David rejoined Ford & Harrison at the conclusion of the Bush Administration in January of 2009. He is a member of the U.S. Chamber of Commerce Labor Relations Committee (LRC). He sits on the LRC's Wage, Hour & Leave and Equal Employment Opportunity subcommittees, and is a co-author of a Chamber white paper on labor and employment issues.
David is a graduate of the inaugural class of the Memphis Bar Association's Leadership Forum and subsequently sat on the Steering Committee. He has also chaired the personnel committee for the Memphis Bar Association. David is also a frequent speaker on employment law topics.
Recent Experience
ˇ Representation of employers in several nationwide FLSA collective actions.
ˇ Frequent representation of employers before Department of Labor Wage and Hour Division.
ˇ Obtained favorable settlement of nationwide collective action on behalf of large retail chain.
ˇ Obtained favorable settlement of a nationwide collective action on behalf of a cable installation company.
ˇ Successful representation of large airline before Department of Labor Wage and Hour Division resulting in closing of investigation with no finding of liability.
ˇ Won summary judgment in several discrimination cases filed in federal court.
ˇ Won several arbitration cases involving alleged employment discrimination filed pursuant to client's binding dispute resolution procedure.
Recent Publications
ˇ Co-author of The Fluctuating Workweek Method of Paying Overtime Under The FLSA, The Practical Law Company, Inc. (2012)
ˇ Tennessee Employer's Guide to Hiring, Firing and Discipline, American Chamber of Commerce Resources, LLC (2007)
ˇ Contributing author of the FLSA treatise published by the Fair Labor Standards Subcommittee of the Employment Law Section of the American Bar Association
Honors and Awards
ˇ "Mid-South Rising Star" by Law & Politics magazine
ˇ AV® Preeminent Peer Review Rated by Martindale-Hubbell
Industries
Hospitality
Non-Profit
Memberships
Memphis Bar Association