David C. Kurtz is a partner in Edwards Wildman's Labor & Employment group. David has represented unionized and non-unionized employers ranging from Fortune 500 companies to high-tech start ups, as well as C-level executives, in every imaginable labor and employment related scenario. David also handles a wide-variety of non-employment litigation matters, including commercial, real estate and intellectual property disputes. In addition to utilizing his deep knowledge of the law, David aims to provide each client with individualized service. In resolving disputes and providing advice, David always considers the unique culture and business of his clients.
David focuses his practice on resolving employment disputes through litigation, arbitration, and mediation. He also counsels clients regarding matters including hiring and firing decisions, severance agreements, employee handbooks, employee discipline, wage and hour laws, and compliance with state and local statutes, regulations, and case law.
In today's world, employees frequently leave one company for the next, often seeking to compete with their former employers. Recognizing the needs of both the past and present employer in such situations, David has developed extensive experience representing clients in connection with confidentiality agreements, covenants-not-to-compete, non-solicitation agreements and the misappropriation of trade secrets.
David also has an active "traditional" labor law practice. He represents employers in all facets of the management-union relationship, including negotiations and collective bargaining, elections, arbitrations, and unfair labor practice charges. He also has significant experience before the DOL, EEOC, MCAD and NLRB.
David is a published author, has served on a variety of seminar panels, and leads on-site employment training programs for organizations. David was included in the New England Rising Stars listing, a Thomson Reuters publication, in the area of employment and labor in 2010, 2011 and 2012.
· David has represented multiple employers in defending against wage and hour class actions dealing with issues concerning tips, gratuities, service charges, overtime, employee classification, meal breaks and minimum wage. Developing an aggressive, targeted strategy from the onset of the case, David has successfully defeated class certification motions and has worked to reach early, nominal settlements in an attempt to save the time and expense of litigation.
· David has developed an impressive win-loss record in first-chairing disciplinary and contract interpretation labor grievance arbitrations on behalf of several of the country's most renowned telecommunications and hospitality employers.
· David successfully led the defense of a Fortune 100 company in one of the most document intensive sexual harassment cases the client had ever witnessed, negotiating a nominal settlement on the eve of trial.
· David quarterbacked a client's response to a high profile employee raiding campaign by a competitor, starting with a letter writing campaign, and ultimately aggressive short term litigation, leading to a monetary settlement and end to the activity.
· David has advised numerous clients regarding labor and employment issues arising in transactional matters, such as mergers, acquisitions and sales of businesses/business units.
Recent Speaking Engagements and Publications
· "Job Cuts From Sequester Could Be Expensive," quoted, CNBC, February 26, 2013.
· "Mandatory Flu Vaccines: What Employers Need to Know," quoted, Human Resource Management: Ideas & Trends, February 6, 2013.
· "Sick-Leave Policies for Flu Season and Beyond," quoted, SHRM, January 31, 2013.
· "Staffing for Flu Influx: Hospitals Feel Prepared for Surge," quoted, Modern Healthcare, January 19, 2013.
· "Beyond Twinkies: Why More Workers Are Striking," quoted, CNBC, November 16, 2012.
· "Protected Concerted Activity: The New Frontier in the NLRB's Increasing Focus on Non-Unionized Employers," co-author, Edwards Wildman Client Advisory, October 2012.
· "Employers Need to Review and Revise Social Media, Blogging and Privacy Policies after NLRB General Counsel Report," co-author, Edwards Wildman Client Advisory, June 2012.
· "Edwards Wildman on Recent Trends in FLSA Class Action Litigation: The Rise of Wage and Hour Claims and the Impact of Dukes on Class Action Litigation," speaker, Edwards Wildman Palmer LLP Webinar, February 1, 2012.
· "Exploring the Future of Non-Competes in Massachusetts," panelist, Edwards Wildman Palmer LLP Panel Discussion, November 15, 2011.
· "How AT&T Stripped Exotic Dancers' Rights," co-author, Law360, September 13, 2011.
· "Documenting the Hiring Process," co-author, Drafting Employment Documents in Massachusetts, Chapter 1, MCLE, Inc., February 8, 2010.
· "Top 10 Do's and Don'ts for Supervisors," speaker, 59th Annual New England Press Association Convention, February 2009.
News & Publications
February 26, 2013, Edwards Wildman's Dave Kurtz Discusses Impact of Job Cuts From Sequester on CNBC
February 6, 2013, Edwards Wildman's David Kurtz Outlines Flu Vaccine Policies in Human Resource Management: Ideas & Trends
February 1, 2013, Edwards Wildman's David Kurtz Breaks Down Sick-Leave Policies for Flu Season in SHRM Publication
January 22, 2013, Edwards Wildman's David Kurtz Discusses Legality of Mandating Vaccines in Modern Healthcare
November 16, 2012, Edwards Wildman's David Kurtz Comments on Why More Workers Are Striking on CNBC.com
October 2012, Edwards Wildman Client Advisory - Protected Concerted Activity: The New Frontier in the NLRB's Increasing Focus on Non-Unionized Employers
June 2012, Edwards Wildman Client Advisory - Employers Need to Review and Revise Social Media, Blogging and Privacy Policies after NLRB General Counsel Report
September 13, 2011, In Law360, David Kurtz Reviews Supreme Court's Recent Ruling Regarding Arbitration Agreements
May 6, 2011, Peter Roberts Joins Stamford Office of Edwards Angell Palmer & Dodge
Immigration and citizenship lawyer joins Firm's growing Litigation Department
Before Edwards Wildman
Prior to joining the Firm David was a partner in the Employment Law Practice Group of Boston-based Prince Lobel Glovsky & Tye. David began his career in the labor and employment departments of prominent law firms in New York and Boston.
Besides Edwards Wildman
David "relaxes" by experiencing - ideally, in person -- the ups and downs of his beloved Red Sox, Patriots, Celtics, Bruins and Virginia Cavaliers. He has brought his skills of identifying bluffing witnesses to the poker table, having played in multiple Texas Hold 'Em World Series of Poker events in Las Vegas.
February 1, 2012, Edwards Wildman on Recent Trends in FLSA Class Action Litigation: The Rise of Wage and Hour Claims and the Impact of Dukes on Class Action Litigation
November 15, 2011, Boston, MA, Exploring the Future of Non-Competes in Massachusetts
· Banking & Financial Institutions
· Retail Industry & Consumer Products
· Boston Bar Association
· Massachusetts Bar Association
· Worcester County Bar Association