Mr. David Jonathan Fishman

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Mr. David Jonathan Fishman: Attorney with Ballard Rosenberg Golper & Savitt LLP

Biography

David represents management and individual entrepreneurs in all aspects of litigation from inception through resolution. He handles all facets of the litigation process in labor and employment disputes and has successfully arbitrated and tried cases on behalf of his clients. David has defended employers against charges of race, sex, age, national origin, ancestry, and disability discrimination; harassment; retaliation; wrongful discharge in violation of public policy; unfair competition and defamation.

He also defends employers in wage and hour class actions and Private Attorney General Act (“PAGA”) representative actions including claims for overtime, meal and rest periods, waiting time penalties, and other purported wage and hour violations. David has specific experience under the California Fair Employment and Housing Act, Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and federal and California wage and hour laws.

He advises clients regarding personnel policies and procedures, employee discipline matters, employee handbooks, wage and hour compliance, and other employment issues. He also conducts employee training and investigations at the workplace and has authored several articles on various employment law matters.

Experience

David handles complex employment law and wage and hour disputes for a nationwide client base including Fortune 500 companies. Representative matters include:

•Obtained a published opinion by the California Court of Appeal in favor of a hospitality company with regard to time rounding and meal/rest period premium pay;
•Prevailed in a jury trial on behalf of a nationwide retailer in an age and disability discrimination case;
•Secured a defense jury verdict for an entertainment company in a sexual harassment and wrongful constructive termination case;
•Represented a transportation company in successfully opposing class certification and obtaining summary judgment on claims that the company failed to reimburse drivers for reasonable and necessary expenses; and
•Represented an entertainment company in a successful demurrer to claims for disability discrimination, sexual orientation harassment, and retaliation.

Professional Activities & Recognition

Honors

•Southern California Rising Star, Super Lawyers (Labor & Employment Law)

Areas of Practice (6)

  • Employment litigation
  • Employer advice and problem solving
  • Government agency investigations
  • Management training
  • Trade secret and unfair competition law
  • Wage and hour law

Education & Credentials

University Attended:
Emory University, B.A., Political Science, 1998; Phi Beta Kappa; Dean's List; University of Southern California Law Review, Senior Editor; Phi Alpha Delta Law Fraternity; Public Interest Law Foundation grant recipient; First-year writing instruction mentor
Law School Attended:
University of Southern California Law School, J.D., 2001; Southern California Rising Star, Super Lawyers, Labor & Employment Law
Year of First Admission:
2001
Admission:
2001, California; U.S. District Court, Central, Eastern, Northern and Southern Districts of California and U.S. Court of Appeals, Ninth Circuit
Memberships:

Professional Associations

•California State Bar, Labor and Employment Section
•American Bar Association

Languages:
Spanish (Proficient)
Reported Cases:
Published Decisions: Court of Appeal of California: Bruni v. The Edward Thomas Hospitality Company (2021) 2021 Cal. App. LEXIS 402* (affirming judgment on demurrer in favor of hotel because the Santa Monica City Ordinance granting recall rights to certain laid off employees in a specific geographic area of Santa Monica did not apply to plaintiff because he had not been employed at the hotel for six months or more at the time of his layoff); Ferra v. Loews Hollywood Hotel (2019) 40 Cal. App. 5th 1239 (hotel's policy and practice of automatically rounding employee time up or down to the nearest quarter hour complies with California law; review granted by Supreme Court of California on whether meal break payment should include all earnings or just the employee's established hourly rate)
ISLN:
916489272
Hobbies & interests:
Sports, reading.

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Location

Contact Mr. David Jonathan Fishman

Contact Information:

818-506-4827  Fax

www.brgslaw.com

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