Professionals

David B. Feldman, Esq.

Personal Information

  • Position: Partner
  • Practice Area: Labor & Employment
  • Phone: 516-599-0888
  • Email: dfeldman@frblaw.com

Professional Experience

David founded and chairs FRB’s Labor and Employment Practice Group.  David regularly counsels and, where necessary, defends employers before federal and state courts and administrative agencies at the federal, state, and local levels.  His clients include companies and corporations in the hospitality, financial services, entertainment, fashion, retail, manufacturing, construction, and publishing industries.  David maintains direct and continuous contact with clients (including human resources professionals and in-house counsel) through counseling, client alerts, webinars, onsite training, and internal audits.  He takes a preventive approach in the interpretation and implementation of federal, state, and local employment laws and regulations to lessen, if not eliminate, the percentage of legal exposure, cost, and surprise to clients.  David also trains, mentors, and supervises departmental attorneys in all areas of the law and serves as a “player coach” in all venues, including mediation, arbitration, and litigation.   

Prior to joining FRB, David served as a partner with Ogletree, Deakins, Nash, Smoak & Stewart, P.C. where he served as lead counsel in defending clients against individual, collective, and class action lawsuits in the fields of wage and hour and fair employment practices.  With the onset of the coronavirus pandemic, David served as co-head of the Coronavirus Rapid Response Team for Ogletree Deakins in New York where he prepared return-to-work business safety plans, policies, procedures, and postings.      

Throughout his career, David has been active in the labor and employment law fields. David served as Chair of the Wage & Hour Practice Group at Moses & Singer LLP where he designed and implemented client-specific policies, procedures, and training programs to facilitate compliance with federal, state, and local employment laws and regulations.  Having also previously served as Managing Attorney for the New York City Commission on Human Rights, David was responsible for the daily legal activities and operations of its Law Enforcement Bureau.  As such, David remains active in counseling clients on preventive policies, procedures, and programs to maintain compliance with federal, state, and local human rights laws and regulations. 

David is a frequent lecturer and author of numerous articles on wage and hour and equal opportunity laws and regulations. In 2010, David was elected President of the New York City Chapter of the Labor and Employment Relations Association where he organized and conducted programs on developments in the fields of employment, labor, civil rights, and immigration. In 2012, David received the Samuel M. Kaynard Award for Excellence in the Fields of Labor & Employment Law, an honor recognizing his “strong ideals, accomplishments, keen legal acumen and contributions to the field of labor law.”  In 2014, David was named a Super Lawyer in the Metro Edition of New York Super Lawyers. 

Litigation Background

  • Has successfully defended domestic and multinational employers against wage and hour individual, collective, and class action lawsuits before New York federal and state courts  
  • Has successfully represented employers in wage and hour and fair employment practices proceedings before local, state, and federal agencies including: 
    • NYC Commission on Human Rights 
    • NYC Department of Health and Mental Hygiene 
    • NYC Office of Administrative Trials and Hearings 
    • NYS Division of Human Rights 
    • NYS Department of Labor  
    • NYS Unemployment Insurance Appeal Board 
    • NYS Industrial Board of Appeals 
    • NYS Workers’ Compensation Board 
    • NYS Attorney General’s Office 
    • NYS Liquor Authority 
    • NJ Department of Labor and Workforce Development 
    • US Department of Labor 
    • US Equal Employment Opportunity Commission 

Bar Admissions

  • State of New York 
  • United States District Court for the Southern District of New York 
  • United States District Court for the Eastern District of New York 

Honors and Awards

  • New York Super Lawyers (2014) 
  • Samuel M. Kaynard Award for Excellence in the Fields of Labor & Employment Law (2012) 

Education

  • Hofstra University School of Law – Juris Doctor
    • Founding Editor in Chief, Hofstra Labor & Employment Law Journal 
  • Union College – Bachelor of Arts (Interdepartmental Major), summa cum laude
    • Phi Beta Kappa
    • Eliphalet Nott Scholar
    • Interdepartmental Honors in Political Science and History 

Professional Activities 

  • President, Labor and Employment Relations Association, New York City Chapter (2010-2011); Member, Board of Directors (2012-Present) 
  • Chair, Alumni Advisory Board, Hofstra Labor & Employment Law Journal (2005-Present) 
  • Mentor, Hofstra University School of law 
  • Director, Prelaw Studies, Hofstra University College for Continuing Education (1992-1998) 
  • Pro Bono Consultant, Hofstra University Senate Task Force on Bias, Discrimination and Harassment (1995-1998) 
  • New York State Bar Association, Labor and Employment Law Section 
  • New York City Bar Association, Labor and Employment Law Committee 
  • American Bar Association 
  • New York State Restaurant Association 
  • New York City Hospitality Alliance 
  • Society for Human Resource Management 

Speeches

  • Ogletree Deakins Webinar – “Empire State Update: Key Trends for New York Employers” – New York – May 2017 
  • Ogletree Deakins Seminar – “Recent Developments in New York, New Jersey, and Connecticut Employment Laws” – New York – March 2017  
  • Hofstra Labor & Employment Law Journal Symposium (moderator) – “Roundtable Discussion: Post-Cheeks Wage & Hour Settlements – New York – January 2017 
  • Foundation for Accounting Education of the New York State Society for Certified Public Accountants – “New York Employers: Human Resources Update” – New York – October 2013 
  • American Dream Japanese Network (JaNet) – “New York Restaurateurs: How Best to Comply with State and Federal Wage and Hour Laws and Regulations” – New York – October 2013 
  • New York Compensation Association – “New York Employers: How Best to Avoid Wage and Hour Audits and Lawsuits” – New York – September 2013 
  • New York University 66th Annual Conference on Labor (panelist) – “Ethical Issues in FLSA Cases” – New York – June 2013 
  • American Dream Japanese Network (JaNet) – “New York Employers: How Best to Comply with Federal, State, and Local Fair Employment Practice Laws” – New York – May 2013 
  • American Dream Japanese Network (JaNet) – “New York Employers: Current Developments under Federal, State, and Local Employment Laws and Regulations” – New York – March 2013 
  • American Dream Japanese Network (JaNet) – “Hiring and Firing Employees: Complying with Local, State, and Federal Laws and Regulations” – New York – July 2012 
  • American Dream Japanese Network (JaNet) – “New York Restaurateurs: How Best to Comply with State and Federal Employment Laws and Regulations” – New York – May 2012 
  • Hofstra Labor & Employment Law Journal Symposium (moderator) – “New York Restaurateurs: How Best to Avoid Wage & Hour Audits and Lawsuits” – Mineola – May 2012 

Media Quotes

  • December 30, 2016 – SHRM – “New York Finalizes Salary Threshold Increases” 

Publications

  • March 13, 2020 – Ogletree Deakins Blog Post – “Second Circuit Holds ‘Delivery Fee’ Is Not a Gratuity for Delivery Drivers 
  • February 18, 2020 – Ogletree Deakins Blog Post – “Second Circuit Rejects Proportionality Standard in FLSA Settlement Agreements When Determining Attorneys’ Fees 
  • January 10, 2020 – Ogletree Deakins Blog Post – “New York Governor Vetoes Employee Wage Lien Bill 
  • January 7, 2020 – Ogletree Deakins Blog Post – “New York State to End Subminimum Wage for Miscellaneous Industries 
  • November 23, 2016 – Ogletree Deakins Blog Post – “New York City Legislation Protecting Gig Workers Heads to Mayor’s Desk 

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