David Dubberly is an award-winning attorney who chairs Nexsen Pruet's Employment and Labor Law Group and co-chairs the firm's International Law Team. In a career of almost three decades, he has built a strong track record rooted in determination and ingenuity and has become a go-to attorney for companies seeking legal counsel in compliance matters, defense of government investigations, litigation, and mediation and arbitration.
Delivering Solutions for Complex Employment Matters
David focuses on providing clients with the tools and insights they need to expose potential issues on the front end and shape appropriate responses to keep possible disputes from becoming a reality. When problems do occur, David draws upon his litigation experience to aggressively seek favorable outcomes through mediation, arbitration, and trial.
David is certified by the South Carolina Supreme Court as a Specialist in Employment and Labor Law. He is well-versed in matters involving:
•Occupational Safety and Health Administration investigations;
•Discrimination, harassment, and retaliation;
•Wage and hour disputes;
•Employment, severance, and other related agreements; and
An Intuitive Approach to International Law
In addition to his employment and labor law practice, David co-leads the firm's International Law attorneys, who routinely help clients minimize the risks and maximize the opportunities associated with doing business globally. The team advises clients on a number of matters, from economic development and business transactions to tax law, investigations, litigation and arbitration, and immigration compliance.
David has experience negotiating sales, supply, manufacturing, joint venture, distribution, agency, licensing, and other related agreements. He also handles disputes related to international commercial agreements.
•Listed in Chambers USA: America's Leading Business Lawyers since 2004
•Listed in Best Lawyers in America since 2006
•Listed in South Carolina Super Lawyers since 2008
•Listed in Super Lawyers Corporate Counsel Edition since 2009
•Certified by the South Carolina Supreme Court as a Specialist in Employment and Labor Law since 1993
Speaking & Writing
•Nexsen Pruet Ranked Among Top in the Carolinas; Legal Guide Recognizes Sixteen Attorneys and Six Practice Areas
May 27, 2013
• The Law: New I-9 Form Shows More Changes May Be In Store For Employers
March 19, 2013
• Sweet Carolina: South Carolina Opens Doors to the Worldwide Marketplace
March 12, 2013
•Nexsen Pruet Attorneys Recognized By Peers; Twenty-Eight Named to 2013 Super Lawyers List for South Carolina
April 30, 2013
•Global Directory Ranks Nexsen Pruet's International Legal Network
October 21, 2013
• Back to the Future: How social media has revolutionized the business world
September 2, 2013
•Nexsen Pruet Ranked Among Top Firms in the Carolinas
May 29, 2014
• MidlandsBiz Podcast Series: Workplace and Domestic Violence
February 24, 2015
• Domestic Violence Can Lead to Workplace Violence
May 7, 2015
• Lawmakers in a score of states aim for work balance by statute
July 27, 2015
•2015 Legal Elite of the Midlands
October 14, 2015
•Litigating Environmental Whistleblower Claims Under OSHA Procedures
January 25, 2016
•Mackrell International London to Paris Charity Bike Ride
September 21, 2016
•Employment Law Certificate Series: Building Workplaces That Win
October 14, 2015
•Employment Law Webinar: Can You Hear the Whistle Blowing? Steps An Employer Can Take to Protect Against Whistleblower Claims
November 12, 2014
•Franchisors and Franchisees: Too Close for Comfort?
September 9, 2014
December 9, 2013
•Employment Law Webinar: Social Media Policies and Employee Facebook Complaints
April 4, 2013
•Construction Law Breakfast Briefing - Immigration Enforcement
March 5, 2013
•Employment Law Webinar: Bring Your Own Device and Other HR Data Policies
June 11, 2013
•Employment Law Webinar: Employee vs. Independent Contractors
June 27, 2013
•S.C. Supreme Court Upholds Confidentiality and Holdover Inventions Assignment Clauses in Employment Agreement
January 15, 2013
•Justice Department and SEC Issue Guidance on Anti-Bribery Law
January 22, 2013
•New Federal Law Increases Trade Secret Protection
January 22, 2013
•New I-9 Form Shows More Changes May be in Store for Employers
March 18, 2013
• What to Expect with a South Carolina OSHA Inspection
October 1, 2013
•EEOC Lawsuit Challenges Commonly Used Language In Severance Agreements
February 19, 2014
•Supreme Court Expands Sarbanes-Oxley Whistleblower Protection to Employees of Private Companies
April 14, 2014
•Franchise POST: Actions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?
August 5, 2014
•OSHA's Expanded Reporting and Recordkeeping Requirements
December 1, 2014
•DOL Proposes Changes to White Collar Overtime Pay Exemptions
July 8, 2015
•South Carolina Lawmakers Ratify OSHA Requirements
July 21, 2015
•Flooding, Storm Cleanup, and OSHA
October 9, 2015
•OSHA Targets Agribusiness Industry with New Citations
October 27, 2015
•New Year's Resolution for Employers: Review Employee Handbooks and Agreements
January 7, 2016
Employment Law Update: Background Becomes Battleground
The Equal Employment Opportunity Commission recently filed federal lawsuits against Dollar General and a BMW manufacturing plant in South Carolina based on the EEOC's revised guidance concerning use of criminal background checks.
To Pay or Not to Pay? The Test for the Unpaid Intern
As the end of another academic year approaches, college students across the country are seeking summer employment opportunities.
FMLA's Twentieth Birthday
On February 5, 2013, the Family and Medical Leave Act turned 20 years old. Coinciding with this milestone, the U.S. Department of Labor has issued a new final rule, which codifies further additions and revisions to the FMLA. This newsletter highlights some of the changes.
New I-9 Form Shows More Changes May be in Store for Employers
On March 8, 2013, U.S. Citizen and Immigration Services (USCIS) published a new two-page version of Form I-9, together with six pages of instructions. This article explains some of the notable features of the revised Form I-9.
Update: Noncompete Agreements in SC are Worth More Than the Paper They're Written On
In light of the restrictive nature with which South Carolina courts have historically viewed noncompetition agreements, many people assume they are not enforceable and, in essence, “not worth the paper they're written on.” However, in January of this year, the South Carolina Court of Appeals upheld a physician's noncompetition agreement and expanded the scope of enforceable noncompetition agreements in this state.
S.C. Supreme Court Upholds Confidentiality and Holdover Inventions Assignment Clauses in Employment Agreement
David Dubberly breaks down a significant South Carolina Supreme Court ruling about invention assignment clauses in employment agreements.
Employment Law Update: U.S. Supreme Court Set to Define Supervisor for Purposes of Title VII
The U.S. Supreme Court recently heard arguments in a case that could have a significant impact on employer liability. Specifically, as the result of an appeal in Vance v. Ball State University, et al, 646 F.3d 461 (7th Cir. 2011), the Court is poised to decide who qualifies as a “supervisor” for purposes of liability under Title VII of the Civil Rights Act.
Justice Department and SEC Issue Guidance on Anti-Bribery Law
Employment and Labor Law attorney David Dubberly addresses the Department of Justice and the Securities and Exchange Commission's “resource guide” to the U.S. Foreign Corrupt Practices Act.
New Federal Law Increases Trade Secret Protection
Nexsen Pruet Employment and Labor Law attorney David Dubberly discusses the Theft of Trade Secrets Clarification Act, which amends and expands the Economic Espionage Act (EEA).
2012 Employment and Labor Law Final Exam Answer Key
We received a great response to the 2012 Employment and Labor Law Final Exam. Thanks to all of our clients and friends who participated this year.
S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement
In its most significant employment law decision of 2012, Milliken & Co. v. Morin, the South Carolina Supreme Court addressed the enforceability of provisions in an employment agreement designed to protect the employer's intellectual property from unfair competition.
2012 Employment and Labor Law Final Exam
As 2012 comes to a close, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet's second annual final exam. We will send out answers to the exam in two weeks.
Employment Law Update: Employers Face FCRA Update Deadline of January 1, 2013
Effective January 1, 2013, there is a new form that employers must provide prospective or current employees when conducting background checks subject to the Fair Credit Reporting Act (FCRA).
Employment Law Update: Recent Cases Address Employer Efforts to Protect Confidential Information
In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and South Carolina, and the South Carolina Supreme Court have addressed the issue of protecting trade secrets and confidential information.
Employment Law - Business Immigration Update
Over the past few months, there have been several immigration developments that could have a significant impact on businesses in North and South Carolina. This update summarizes the key developments for employers.
Employment Law Update - Employers Beware: NLRB Challenges Established HR Practices
The National Labor Relations Board (NLRB) has issued a number of recent opinions questioning and, in some instances, invalidating common employer practices and policies on the grounds of protecting employee rights under Section 7 of the National Labor Relations Act (NLRA). The impact of these decisions on handbook disclaimers and investigative procedures is addressed below.
Employment Law Update - Patient Protection and Affordable Care Act: Upcoming Deadlines Require Employer Action
After months of anticipation and seemingly endless public debate, the U.S. Supreme Court announced its decision upholding the key individual mandate provision of the Patient Protection and Affordable Care Act (PPACA). While the significance of the decision cannot be overestimated, the real import is its practical effect on employers.
New Rule Makes “Reasonable Factors Other Than Age” Defense More Difficult for Employers
On March 29, the Equal Employment Opportunity Commission issued a final rule making it more difficult for employers to establish a “reasonable factor other than age” defense for disparate impact claims under the Age Discrimination in Employment Act.
Recent Guidelines for Employers of Active Duty & Veteran Service Members
The Equal Employment Opportunity Commission (EEOC) has issued timely and relevant guidance for employers addressing protections afforded veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Americans With Disabilities Act (ADA).
Akerman/Mackrell International Latin American Business Initiative
Nexsen Pruet attorney David Dubberly told members of an international law firm network about the Carolina's economy, which has grown to become the 19th largest in the world -- behind Indonesia and ahead of Switzerland.
Keep Your Ears Peeled: Employment Law Update on the FLSA's Anti-retaliation
Provision In this issue we describe and discuss a recent federal appeals court decision concluding that internal complaints about pay may be protected by the FLSA's anti-retaliation provision.
Employment Law Update: Romance in the Workplace: You, Me and our Employer?
As Valentine's Day approaches, here are some interesting facts for employers to consider. Recent Ruling that Class Action Waivers are Illegal Shows NLRB Remains Active On January 3, 2012, the National Labor Relations Board (NLRB) ruled that a class action waiver in a mandatory employment arbitration agreement is illegal.
I-9 Compliance: Avoiding Traps of New Federal Security Features
A redesigned federal document is leading to confusion as businesses try to comply with the I-9 requirement.
Employment Law Update - January 2012
As employers plan for 2012, the inherent risk posed by departing employees presents an opportunity to reevaluate measures used to protect confidential information and trade secrets from the high cost of misappropriation.
NLRB Delays Requirement for Employers to Post Pro-Union Notice
On August 25, 2011, the National Labor Relations Board (NLRB) issued regulations requiring virtually all employers to post a large notice to employees informing them of rights under the National Labor Relations Act (NLRA), particularly their right to unionize. Employers must post the notice beginning April 30th, 2012.
Employment Law Update - December 2011
The EEOC is processing a record number of charges and collecting record settlement amounts. It is pursuing an aggressive systemic enforcement program and focusing on hiring issues. In this edition we discuss what the EEOC is doing and some of the implications for employers. 2011
Employment and Labor Law - Final Exam Answer Key
Last week's final exam generated tremendous response from Nexsen Pruet clients and friends. Congratulations to our winners.
2011 Employment and Labor Law - Final Exam
It's time to test your knowledge of the current state of employment and labor law.
Despite Lawsuit, Immigration Enforcement Set to Resume in S.C.
Regardless of what happens with a recently filed lawsuit, state regulators plan to begin enforcement of employment law provisions that take effect New Year's Day.
Pro-Union NLRB Presents Challenges to Employers: Employment Law Update - October 2011
Recent pro-union decisions and proposed rules by the NLRB pose challenges for employers.
Wrongful Discharge Claims Limit Employment At-Will Doctrine in North and South Carolina: Employment Law Update - September 2011 Supplemental
Employment in North and South Carolina is at-will, which generally means an employer can terminate an employee at any time without notice. However, both states have long-recognized exceptions to the employment-at-will doctrine, including provisions that an employee cannot be discharged for reasons that contravene the “public policy” of the state.
On the Hook: Company Owners and Managers At Personal Risk for Unpaid Employee Wages
If a company does not timely pay all wages due to an employee, the South Carolina Payment of Wages Act (SCPWA) allows the employee to file a lawsuit for three times the amount of unpaid wages, plus court costs and attorneys fees. The lawsuit for unpaid wages can be filed not only against the company, but also against agents and officers who permit the company to violate the SCPWA.
Employment Law Update - August 2011 Supplemental
This edition is about a United States Supreme Court decision that illustrates the importance of using clear wording when drafting employee invention assignment agreements.
Employment Law Update - August 2011
South Carolina and North Carolina have passed state immigration laws mandating employment verification and imposing penalties for failure to comply.
Employment Law Update - July 2011
Employers are increasingly disciplining workers over misuse of social media. At issue in so-called “Facebook Firing” cases is whether terminating employees for making disparaging online posts, and having policies prohibiting such posts, violates federal labor law.
Employment Law Update - June 2011
This edition analyzes the EEOC's new final regulations implementing the Americans with Disabilities Act Amendments Act of 2008.
Workplace Investigations: Confidential or not? to the Fairfield County Chamber of Commerce and Fairfield Economic Development agency on March 12, 2013.
Trade Secret Theft by Employees - New Risks, New Ways to Fight Back during a Society of Human Resources Management legal update on April 18, 2013.
Outside Nexsen Pruet
David grew up in South America and he and his children are avid fans of the Uruguayan national soccer teams. He is fluent in Spanish and has traveled throughout the region for business matters.
Outside of his positions within Nexsen Pruet, David serves on the Boards of Directors of the South Carolina Chamber of Commerce and the Midlands Technical College Foundation. He previously served on the Board of Directors of the Columbia Urban League. Also, David represents Nexsen Pruet with Mackrell International, a network of independent law firms in over 75 jurisdictions.
David began his career serving as a law clerk to the Honorable Curtis G. Shaw of the South Carolina Court of Appeals.