David Lindsay focuses his practice on defending employment discrimination lawsuits, advising on employee relations issues and representing employers on union matters. He advises clients on questions relating to state and federal employment law, including questions relating to the Family and Medical Leave Act, the Fair Labor Standards Act, the Americans with Disabilities Act and OSHA regulations. As part of his practice, he also regularly enforces covenants not to compete on behalf of employers. Mr. Lindsay has been named a 2010 North Carolina "Rising Star" in Employment law by SuperLawyers magazine and also was honored in Business North Carolina magazine's 2009 "Legal Elite" as one of North Carolina's top employment attorneys. Professional & Community Activities Braxton Craven Inn of Court North Carolina State Bar, Member Literacy Council of Wake County, Past Vice President, Board Member (2000-2003 and 2004-2008) Industries Consumer Products & Retail; Banking & Credit Unions; Fashion & Luxury Goods; Education & Research; Construction & Infrastructure; Manufacturing; Non-profit & Trade Associations; Health & Life Sciences; Chemical; Technology & Software; Food, Beverage & Agriculture; Transportation Experience Employment litigation for a leading global supplier of disposable medical products, Represented a leading global supplier of disposable medical products in a summary judgment win of a Family and Medical Leave Act ("FMLA") lawsuit. The firm also appeared for oral argument in the U.S. Court of Appeals for the Fourth Circuit and successfully defended grant of summary judgment in the case. Wage and hour class and collective action defense of non-profit health care provider, Defended a non-profit health care provider in a class and collective action alleging overtime violations under the Fair Labor Standards Act and North Carolina state law involving "sleep time" while on the employer's premises. Case was very favorably resolved prior to the certification decision. Regulatory work for non-profit mental health providers, Represented over a dozen non-profit mental health providers in opposing North Carolina's decision to cut the rate of Medicaid reimbursement by one-third for mental health services. The reduced rate was eventually increased. Employment litigation for non-profit mental health provider, The firm served as lead counsel in defending non-profit mental health provider against a former employee's allegations of race discrimination. Summary judgment in complex multi-plaintiff action alleging injury from chemical exposure, Represented a chemical manufacturer (owned by a Fortune 100 company) when 71 former employees sued the company and 9 other defendants claiming that they were permanently injured by exposure to mercury and chlorine as a result of their work. This case involved claims of intentional injury, conspiracy, and a number of veil-piercing arguments directed at the corporate parent. We deposed dozens of witnesses and defended the deposition of nearly every supervisor who worked at the facility during the past 40 years. Discovery included the production of hundreds of thousands of documents. Our team also successfully briefed a number of complicated issues, not only those addressing liability, but also concerning attorney-client privilege and the work product doctrine. Ultimately, summary judgment was granted on all claims and for all defendants. This judgment was affirmed on appeal by the North Carolina Supreme Court. Race discrimination defense of Fortune 100 pharmacy retailer, Successfully defended a Fortune 100 pharmacy retailer against a lawsuit brought by a former employee alleging race discrimination, retaliation and constructive discharge. Case ended with award of summary judgment for client on all claims and award of litigation costs against plaintiff. Wage and hour suit and DOL audit for a transportation company, Represented a transportation company and achieved a significant result in a wage and hour case brought as a collective action against the company. The plaintiffs in the case claimed that their working time had not been adequately tracked and that they were not completely relieved while on meal breaks. As a result, they claimed they worked additional overtime hours but were not adequately compensated for their time. After investigating the claims and obtaining multiple statements from other employees supporting the company's position, we filed a detailed opposition to plaintiffs' motion for certification as a collective action. Shortly after filing the response, the parties initiated settlement discussions, and the matter was resolved with the named plaintiffs on favorable terms to our client. The motion for collective action, which, if granted, could have expanded the action to include potentially hundreds of other current and former employees, was withdrawn. This result was particularly important because the plaintiffs were challenging fundamental aspects of the way that the company pays its employees, and we were able to keep the result localized and avoid the time, expense, and potential risk of greater damages associated with defending a broader collective suit. Employment litigation for a Fortune 500 retail company, Represented a Fortune 500 retail company in a former employee's discrimination lawsuit, which alleged hostile work environment, retaliation, negligent infliction of emotional distress, and negligent retention. These claims, which stemmed from a supervisor's allegedly racial comment to the plaintiff, were all dismissed on summary judgment, and the client was awarded litigation costs. Putative class action against express delivery services company, Represented express delivery services company in connection with a putative class action brought in New York Federal court under the Fair Labor Standards Act and New York wage and labor law. After initial exchange of information and negotiation we resolved the matter with the named plaintiff on favorable terms for the client, thereby limiting additional potential exposure. Workplace violence defense of health care provider, Defended a non-profit health care provider in a lawsuit brought by a former employee arising out of a workplace violence incident, resulting in very favorable settlement for our client. Disability discrimination litigation for non-profit health care provider, Represented non-profit health care provider against a former employee's allegations that the company failed to reasonably accommodate her disability as required by the Americans With Disabilities Act ("ADA"). Employment litigation for an information technology services provider, Represented an information technology services provider against claims of wrongful termination in retaliation for the employee having filed workers' compensation claims, as well as state law claims for both intentional and negligent infliction of emotional distress. The employer prevailed on its summary judgment motion and was awarded costs against the plaintiff. IRS employment tax audit, Successfully represented a life sciences company with respect to an IRS employment tax audit. Our tax and employment teams analyzed our client's use of independent contractors and successfully presented to the IRS that the contractors were appropriately classified. Labor and employment litigation for a transportation company, Defended transportation company against 21 individual, simultaneously filed claims in high profile matter before a Northeastbased Commission Against Discrimination and obtained favorable resolution. Family and Medical Leave Act litigation for the second largest U.S. forest products manufacturer, Successfully defended the second largest U.S. forest products manufacturer against a former employee's allegations that it violated the Family and Medical Leave Act by transferring the former employee to another department and eventually terminating him. Client won summary judgment on all claims and was awarded litigation costs against the plaintiff. OSHA litigation for a fully integrated environmental services organization, Represented a fully integrated environmental services organization in investigations by the Chemical Safety Board, OSHA, the North Carolina State Bureau of Investigations, federal and state EPA officials, and town officials following a series of explosions and resulting fire at a hazardous-waste disposal plant in a well-populated area that led to the evacuation of thousands. The firm successfully defended the company against two OSHA citations and advised the company on media strategies. Employment litigation for prominent retailer, Represented prominent retailer in employment litigation lawsuit brought by a former employee alleging violations of Title VII, wrongful discharge, and negligent retention/supervision. Plaintiff's claims were dismissed. Client won counterclaim for conversion and unjust enrichment and was awarded litigation costs. Plaintiff's appeal to the Fourth Circuit was dismissed. Employment counseling for clients, Represented multiple companies in defense of Department of Labor investigations, many focusing on overtime and minimum wage issues. *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 07 October 2011, Seattle Joins the Growing List of Cities Requiring Paid Sick Leave, Legal Alerts 23 September 2011, California Legislature Approves Hefty New Penalties for Misclassifying Workers As Independent Contractors, Legal Alerts 23 August 2011, DOL's Administrative Review Board Continues to Expand Whistleblower Protections Under Sarbanes-Oxley, Legal Alerts 05 July 2011, North Carolina to Require Employers to Use E-Verify, Legal Alerts 23 March 2011, Supreme Court Holds That FLSA's Retaliation Provision Protects Employees Who Orally Complain of Wage-and-Hour Violations, Legal Alerts 03 March 2011, Supreme Court Holds Employer Liable for Discriminatory Animus of Non-Decision-Maker Under "Cat's Paw" Theory, Legal Alerts 01 March 2011, EEOC Issues Final Regulations on Genetic Discrimination in the Workplace
Source: Employee Relations Law Journal, Articles 26 January 2011, The Supreme Court Broadens the Scope of Retaliation Claims Under Title VII, Legal Alerts 15 December 2010, New York Substantially Increases Penalties for Violations of State Wage-and-Hour Laws, Legal Alerts 10 November 2010, EEOC Issues Final Regulations on Genetic Discrimination in the Workplace, Legal Alerts 23 June 2010, Time Spent Donning and Doffing Personal Protective Equipment Is Compensable, Legal Alerts 13 May 2010, The Growing Tidal Wave: Trends in Wage and Hour Class Litigation Webinar, Podcasts 29 April 2010, Do You Want Class Arbitration? Supreme Court Holds Parties' Agreement Is Key, Legal Alerts 26 March 2010, Mortgage Loan Officers Entitled to Overtime Pay, Legal Alerts 04 March 2010, IRS Employment Tax Audits Take Center Stage, Legal Alerts 08 February 2010, The Department of Labor Issues Guidelines on Increased Child-Labor Penalties, Legal Alerts 23 December 2009, Recent Trends In Health Care Wage And Hour Law
Source: Law360, Articles 11 November 2009, Complying with the New Expanded FMLA
Source: Law 360, Articles 30 October 2009, President Obama Signs Legislation Expanding Family and Medical Leave Act, Legal Alerts 07 October 2009, Department of Homeland Security Revokes its Rule on "No-Match Letter", Legal Alerts 01 April 2007, Beyond Sarbanes-Oxley: State Law Protections in the Era of the Whistleblower
Source: Employee Relations Today, Articles 01 April 2006, Zero-Tolerance Policies: When Are They Right for Your Business?
Source: Employment Relations Today, Articles News 17 May 2010, Kilpatrick Stockton Presents Webinar to Explore Growing Tidal Wave of Wage and Hour Class Litigation, News Releases 10 February 2010, Kilpatrick Stockton Attorneys Named to 2010 North Carolina Super Lawyers, News Releases 07 January 2009, Kilpatrick Stockton Attorneys Selected to Business North Carolina Magazine's 2009 Legal Elite, News Releases Events 17 December 2009, "Tweeting" and "Friending"-- Social Networking and the Workplace, Events 01 October 2009, Managing Risk in These Days of Mental Health Reform, Events 01 September 2009, Staff Reductions in Tough Times, Events 28 May 2008, Employment Law Update: The FMLA Amendments, Military Leave and Beyond, Events |