Overview

David J. Goldstein works with in-house counsel, business leadership, and human resources to proactively identify and implement creative solutions for effectively utilizing human resources, complying with legal and regulatory requirements, avoiding liability, and resolving internal and external disputes.  Areas in which he provides advice include wage and hour law, employee selection procedures, test validation, protection of intellectual property, and enforcement of non-compete agreements.

David also tries cases before judges, juries, and arbitrators and has substantial experience representing employers in class action litigation. In addition to trying two class action lawsuits to judgment, he has represented clients in other class or collective actions brought under the Fair Labor Standards Act, Title VII, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act, and state laws. He also frequently works with mediation and other dispute-resolution techniques in order to efficiently resolve disputes.

David devotes a significant portion of his practice to assisting employers with the preparation and approval of affirmative action plans and to representing government contractors in connection with Office of Federal Contract Compliance Programs (OFCCP), state, and local compliance reviews. In March 2014, David testified before the U.S. House Subcommittee on Workforce Protections providing insight on how healthcare employers are making strategic decisions based on possible OFCCP actions.

With clients in a wide range of industries, he has represented employers involved in:

  • Construction
  • Media
  • Technology
  • Manufacturing
  • Higher education
  • Professional sports organizations
  • Health care

Before joining Littler Mendelson, David was a partner at another firm, where he practiced in the Labor and Employment Law Group for 22 years.

Professional and Community Affiliations

Member, Board of Directors

Minnesota Twins Community Fund

Member, Board of Directors

Twin Cities Rise!

Member

Minnesota Affirmative Action Compliance Council

Co-Chair

Minnesota Affirmative Action Compliance Council

Member

National Association of College and University Attorneys

Member

American Bar Association

Member

Minnesota State Bar Association

Recognition

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Publications & Press

SCOTUS Upholds Affirmative Action

In the News

June 24, 2013

Casting a Wider Net

In the News

March 26, 2013

You Screen, I Screen, EEOC Screams when we Screen: Avoiding EEOC Scrutiny of Pre-Employment Screening Practices

Spring 2012 Newsletter

CUPA-HR, Minnesota Chapter

Spring 2012

Affirmative Action, Its Future in the Balance

Hennepin Lawyer

1997

Speaking Engagements

Workplace 3.0: Top Employment Law Trends Changing the Workplace

Healthcare Law and Compliance Institute - International Performance Management Institute (IPMI), Ft. Lauderdale, FL

March 2, 2015

Construction Contractor Best Practices

32nd Annual National Conference – ILG, Washington, DC

August 5, 2014

The Fisher v. University of Texas Case: What it Means for Educators and Employers

2013 National Conference - Industry Liaison Group

August 1, 2013

Implementing an Affirmative Action Program for Women and Minorities

American Association for Affirmative Action Professional Development and Training Institute, Chicago, IL

July 18-19, 2013

Recruiting For a Diverse Student Body and Faculty in a Post-Fisher World

Annual Meeting - National Association of College and University Business Officers, IN

July 14, 2013

An OFCCP Update – The Latest Guidance and Regulations

Upper Midwest Employment Law Institute

July 10, 2013

Employment Law Update for College and University HR Professionals

Spring Conference - CUPA-HR, Minnesota Chapter, White Bear Lake, MN

June 6, 2013

Complying with OFCCP Requirements when working with Staffing Agencies

National Industry Liaison Group, Midwestern Region

March 21, 2013

The 10 Ways Employers Are – Inadvertently – Violating IRC 409A

The Shifting Landscape of Employee Benefits – Imperatives for 2013 and Beyond

Littler Mendelson, Minneapolis, MN

November 13, 2012

Agencies Gone Wild: An EEOC, OFCCP, and OSHA Update

2012 Midwest Employer Conference

Littler Mendelson, Minneapolis, MN

October 11, 2012

OFCCP’s Scheduling Letter Revisions: Anticipating the New Desk Audit Submission

2012 Industry Liaison Group National Conference

August 30, 2012

The Supreme Court Takes Fisher v. University of Texas: What Does This Portend for Affirmative Action in Higher Education

2012 National Conference and Annual Meeting - American Association for Affirmative Action

June 15, 2012

Update on OFCCP’s Aggressive Regulatory and Enforcement Agenda

Upper Midwest Employment Law Institute

May 21, 2012

OFCCP Update

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 11, 2012

OFCCP Update: Dealing with an Aggressive Regulatory and Enforcement Agenda

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 11, 2012

Employee Discipline and Discharge

Webcredenza Professional Education

April 10, 2012

Government Contractor Update: OFCCP Continues to Pursue Major Changes in Regulations and Enforcement

Upper Midwest Employment Law Institute

2011

EEO Tune-Up for Federal Contractors: Preparing for Increased Enforcement

Upper Midwest Employment Law Institute

2010

Prevailing Wage Law in Minnesota

Lorman Education Services

2010

Legal Update On The OFCCP Regs: Recruiters - Will Your Company Be a Target in 2011

Minnesota Technical Recruiters Network

2010

What’s New for Federal Contractors under the Obama Administration?

Corporate Counsel Luncheon - Hennepin County Bar Association

2009

WARNing WILL ROBINSON! Hidden Hazards for the Unwary Under WARN

Upper Midwest Employment Law Institute

2009

Affirmative Action 101

Upper Midwest Employment Law Institute

2008

Affirmative Action: Developments for Employment and Business Practitioners

Bar Association / WebCredenza Teleseminar Series

2005

A Practical Guide to the Developing Law: ADA and FMLA

Faegre & Benson

2004

Conceal and Carry

Minnesota CLE

2003

Statistical evidence: When, How and Why to Use It

Minnesota Continuing Legal Education

2001

HR Challenges in the Electronic Age

Faegre & Benson

2001

Alternative Dispute Resolution of ADA Claims

Minnesota Institute of Legal Education

1998

Developing and Trying Complex Employment Cases: A Defense Perspective

Labor and Employment Law Institute

1997

Testimony before the Minnesota Advisory Committee

U.S. Commission on Civil Rights

1987

Education

  • J.D., Harvard Law School, 1986
  • B.A., Haverford College, 1983 With Honors in Economics, Phi Beta Kappa

Bar Admission

Minnesota
South Dakota

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals, 7th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • Minnesota Supreme Court
  • South Dakota Supreme Court
  • Supreme Court of Ho-Chunk Nation
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, District of Minnesota
  • U.S. District Court, District of South Dakota
  • U.S. District Court, Western District of Tennessee
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • U.S. District Court, District of Colorado
  • Trial Court of Ho-Chunk Nation
  • Court of Central Jurisdiction, Non-Removable Mille Lacs Band of Chippewa Indians
  • Leech Lake Band of Ojibwe Tribal Court