Coming Soon
2024 Puerto Rico Regional Employer Conference
Friday, November 15, 2024
   |   
San Juan, PR

Panoramica

David B. Jordan is a preeminent class and complex litigation attorney, focused primarily on wage and hour, independent contractor and tip-related issues. His practice spans the continent, litigating complex matters from Alaska to Texas to Puerto Rico. He also litigates across all venues, including federal district and appellate courts, the United States Supreme Court and in bet-the-company private arbitrations. 

Examples of David’s practice include:

  • Representing multiple national trade associations as amicus before the United States Supreme Court on groundbreaking wage/hour day rate challenge
  • Prevailed in trial representing a national oilfield services company in a class action trial, prevailing on a nuanced Motor Carrier Act overtime exemption
  • Represented national trade associations on amicus vacating a Department of Labor rule, and setting aside onerous tip credit regulations
  • Successfully rebuffed Department of Labor challenges in multiple matters involving contractor classification, uniform expense reimbursement, tip credit application and janitorial services
  • Defended nearly two hundred energy and hospitality client class actions, resulting in millions of dollars of exposure mitigation

David’s clients include national, regional and local clients. Given his 10 years in business before practicing law, David is able to provide pragmatic and efficient advice and defense, all tailored to the particular needs and size of the client. David has also been Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization since 2007. His fuller areas of concentration include:

  • Complex class and collective action litigation
  • State and federal overtime class litigation
  • State and federal independent contractor class litigation
  • Appellate litigation, including at the U.S. Supreme Court
  • Wage and hour compliance, including tip credit, tip sharing and service charge issues
  • Discrimination and retaliation
  • Workplace fatality investigations and litigation
  • Employment policies
  • Strategic business planning
  • Positive employee relations
  • I-9 compliance

David has advised and defended hundreds of clients across the country in multiple industries, including:

  • Upstream and midstream oil and gas production
  • Renewable energy
  • Restaurants
  • Gaming
  • Hotel and lodging
  • Hospitality
  • Retail
  • Acute and behavioral healthcare
  • Staffing
  • Chemical and material manufacturing
  • Transportation
  • Higher education

Prior to practicing law, David spent approximately 10 years in the hospitality industry, building and managing a variety of restaurant concepts. From 2000 to 2001, David served as a clerk for the Hon. Sven Erik Holmes of the United States District Court, Northern District of Oklahoma. David is an active speaker on labor and employment law issues, appearing before trade organizations, human resource professionals and corporate legal departments. David also frequently represents trade associations and clients as amicus counsel before federal appellate courts and the U.S. Supreme Court. David also devotes significant attention to pro bono matters, including non-profit representation.

Affiliazioni professionali e istituzionali

Former Chair

Labor & Employment Law Section

Houston Bar Association

2008-2013

Former Council Member

Labor & Employment Law Section

Houston Bar Association

2008-2013

Member

Labor and Employment Law Section

State Bar of Texas

Board Member

Greater Houston Restaurant Association

Co-Founder

USA Swimming Club for intercity youth

Co-Founder

a local foundation aimed at rebuilding struggling schools

Learn Local

Riconoscimenti

Named, The Best Lawyers in America®

2013-2025

Named, Rising Star

Texas

Law & Politics

2006-2011

Named, Super Lawyer

Super Lawyers

2013-2018

Named, Rising Star

Super Lawyers

2006-2011

News, Analysis & Press

Top Wage & Hour Regulation Developments To Watch In 2023

Law360 Employment Authority

January 2, 2023

DOL's Proposed Tip Rule Leaves Gray Areas, Attorneys Say

Law360 Employment Authority

June 21, 2021

High Court Salary Ruling Seen Having Broader Impact

Business Insurance

June 18, 2019

States Consider Eliminating Tipped Minimum Wage

Restaurant Insider

June 20, 2018

Wage and Hour Law Pitfalls in the Construction Industry

The Associated General Contractors of America, Houston Chapter

March 2013

Navigating the Landmines of Unique Payroll Deductions

Texas Association of Business

February 2011

Fifth Circuit Employment Discrimination Update

Fifth Circuit Reporter, Bar Association of the Fifth Federal Circuit

2002 - 2010

'Say on Pay' Reforms Continue to Gain Congressional, Union and Industry Support

Firm Newsletter

October 16, 2009

OSHA Warns of Compliance Directive Associated with H1N1 Safety Measures in Healthcare Facilities

Washington Healthcare Update

October 16, 2009

United States Supreme Court Agrees to Review Constitutionality of Sarbanes-Oxley Act and the PCAOB

Firm Newsletter

May 29, 2009

Staying in Compliance with the 2008 Amendments to the Americans with Disabilities Act

Associated General Contractors-Houston Chapter Cornerstone

Oct. 2008

Post-Merger Disclosure Claims Rejected in In re Transkaryotic Therapies, Inc. Litigation

Firm Newsletter

July 1, 2008

United States Supreme Court Issues Significant Labor and Employment Decisions

Firm Publication

June 20, 2008

ICE Turns Focus on Houston Restaurant Chain

A La Carte Foodservice Consulting Group Newsletter

June 17, 2008

U.S. Supreme Court Denies Challenge to EEOC's Rule on Retiree Health Benefits and Medicare Coordination

Fulbright & Jaworski L.L.P. Client Briefing

March 27, 2008

Texas Supreme Court Upholds Out of State Forum Selection Provisions in Non-Competition Agreements

Fulbright & Jaworski L.L.P. Client Briefing

July 3, 2007

Square Pegs and Round Holes: Why Native American Economic and Cultural Policies and United States Intellectual Property Law Don't Fit

Am. Indian L. Rev. 93

2000-2001

Pubblicazioni

  • Texas Employment Law Handbook, Texas Association of Business, Chapter Editor and Contributing Author, 2004-2017
  • Wage and Hour Answer Book, Littler Mendelson, P.C., Chapter Editor

Speaking Engagements

2024 Puerto Rico Regional Employer Conference

San Juan, PR

November 15, 2024

2024 Houston Regional Employer Conference

Houston, TX

September 26, 2024

Retail and Hospitality Roundtable

Littler Executive Employer Conference, Phoenix, AZ

May 8, 2024

Love Your Lawyer

Houston, TX

February 13, 2024

2023 Houston Regional Employer Conference

Houston, TX

October 18, 2023

Hospitality & Retail Roundtable

Littler Executive Employer Conference, Phoenix, AZ

May 10, 2023

2023 Puerto Rico Employer Conference

San Juan, PR

April 27, 2023

2023 Love Your Lawyer

Houston, TX

February 14, 2023

2022 Houston Regional Employer Conference

Houston, TX

October 6, 2022

Hospitality Industry Roundtable

Littler Executive Employer Conference

May 4, 2022

Emerging COVID-19 Vaccine Mandate Issues in Texas

November 11, 2021

2021 Houston Employer Conference

Houston, TX

October 26, 2021

The CDC Just Said What?! Chasing Best Workplace Practices on Masking, Vaccines and More

June 29, 2021

Love Your Lawyer: Littler Lawyers Answer Your Most Burning Labor and Employment Questions

Houston, TX

February 10, 2021

Wage and Hour Considerations for Reopening Your Business

May 21, 2020

Love Your Lawyer: Littler Lawyers Answer Your Most Burning Labor and Employment Questions

Houston, TX

February 11, 2020

Navigating the DOL's Proposed Regulations on Tip Pools and Dual Jobs in the Hospitality Industry

November 15, 2019

Nashville Regional Roundtable

Cornell Center for Innovative Hospitality Labor and Employment Relations

October 4, 2019

Tips on Tips: Keeping Up with Changes on Handling the Tip Credit, the 80/20 Rule and Service Charges

September 12, 2019

Timely Talk About Wage and Hour Law: Day Rate Issues Impacting Employers

August 28, 2018

Timely Talk About Wage and Hour Law: The FLSA’s 2018 Amendment on Tip Pooling and Tip Ownership and the Related DOL Field Bulletin

April 26, 2018

FLSA Litigation in the Trump ERA

Houston Bar Association, Houston, TX

December 2017

After Trump's First Nine Months, What Should Employers Expect Next?

Texas Total Rewards Conference, Fort Worth, TX

September 15, 2017

2017 Houston Employer Conference

Houston, TX

August 10, 2017

Employment Law Outlook Under Trump Administration

Chain Restaurant Total Rewards Association 2017 Annual Conference, San Diego, CA

July 25, 2017

Timely Talk about Wage and Hour Law: Tipping in the Hospitality and Restaurant Industries

July 19, 2017

A Primer on FLSA Litigation for the HR Professional

HR Houston, Houston, TX

May 10, 2017

Managing and Improving Wage/Hour and Contingent Workforce Practices in the Energy Industry

Houston, TX

March 7, 2017

2016 Houston Employer Conference

Houston, TX

August 11, 2016

Significant Changes in Department and Labor Rules Affecting the Restaurant Industry

OZZA, Vail, CO

July 25, 2016

DOL Issues Final Overtime Rule - May 23

May 23, 2016

DOL Issues Final Overtime Rule - May 20

May 20, 2016

DOL Issues Final Overtime Rule - May 19

May 19, 2016

Preparing for Change; Complying With DOL's Final Overtime Regulations

HR Houston, Houston, TX

May 11, 2016

Wage & Hour Issues in the Oil Patch

December 2, 2014

The 2014 Houston Employer Conference

Houston, TX

August 14, 2014

Top Ten Common Wage and Hour Mistakes

The 2013 Houston Employer Conference

Littler Mendelson, Houston, TX

August 22, 2013

Complying with Obamacare

Client Presentation, Houston, TX

June 18, 2013

Wage and Hour Compliance

San Antonio Human Resource Management Association, Inc., San Antonio, TX

May 10, 2013

Top Ten Wage and Hour Law Pitfalls in the Construction Industry

Associated General Contractors of America, Inc., Houston Chapter

February 27, 2013

Labor Law Issues in the Restaurant Industry

Greater Houston Restaurant Association

November 11, 2012

The 2012 Houston Employer Conference

Houston, TX

August 2, 2012

Wage and Hour Update: Critical Developments in Laws and Regulations

The 2012 Houston Employer Conference

Littler Mendelson, Houston, TX

August 2, 2012

Employment Law Update

Chain Restaurant Compensation Association

July 10, 2012

2012 Littler Healthcare Summit: Critical Employment Law Issues Facing Healthcare Employers Today

Houston, TX

June 14, 2012

The 2011 Houston Employer Conference

August 11, 2011

Current Employment Law Trends in the Restaurant Industry

Chain Restaurant Compensation Association

July 26, 2011

Homeland Security’s Workplace Blitz: I-9 Audits, Silent Raids and Illegal Workers

June 28, 2011

Understanding and Litigating the FLSA’s Tip Credit and Tip Pooling Rules

Houston Bar Association

May 14, 2011

Avoiding Wage Hour Litigation

HR Houston

May 3, 2011

Employment Law Basics in the Restaurant Industry

University of Houston Small Business Series

November 3, 2010

Retaliation: How Do you Stop It, What Does it Mean and Why Are Claims Still Growing

The Littler Mendelson Houston Employer Conference

Littler Mendelson, Houston, TX

August 12, 2010

Current Employment Law Trends in the Restaurant Industry

Chain Restaurant Compensation Association

July 27, 2010

Wage and Hour Trends

American Petroleum Labor Lawyers Association

July 17, 2010

Wage and Hour Class Actions in the Healthcare Industry

Houston Society for Healthcare Human Resource Administration

June 16, 2010

Are You Busting Your Tip Pool?

Greater Houston Restaurant Association

May 18, 2010

Changes at the Occupational Safety and Health Administration

Associated General Contractors of America, Houston Chapter

March 29, 2010

H1N1: Regulatory, Compliance, Risk and Human Resource Issues

National Web Seminar

November 19, 2009

Catastrophic Litigation - Are you Prepared? Responding to Government and Regulatory Inquiries

National Web Seminar

November 10, 2009

H1N1 Legal and Human Resource Issues: A Focus for Nursing Leaders

VHA Web Seminar

September 2, 2009

Employment Legislation Update

Client Breakfast Briefing - Fulbright & Jaworski L.L.P.

June 16, 2009

In House Counsel Checklist: Employment Issues in Responding to a Health Crisis

Fulbright Forum

June 2, 2009

Reductions in Force: Factors to Consider When Economic Times Force a Layoff

Lorman Education Services

February 24, 2009

Staying in Compliance: Recent Legislative, Judicial and Regulatory Developments

CFO Conference - Texas Society of Certified Public Accountants

Oct. 21, 2008

How-to in Completing and Maintaining I-9s, and Conducting Self-Audits

Associated General Contractors of America, Houston Chapter

Aug. 22, 2008

Staying Compliant with Immigration-Related Employment Eligibility Laws

Greater Houston Restaurant Association

May 21, 2008

Employment Practices-Statutory and Regulatory Update

Associated General Contractors of America, Houston Chapter

August 21, 2007

Your Employee is on FMLA Leave: Figuring Out How to Handle Benefit and Other Policy Issues

Counsel on Education in Management

July 27, 2007

Terminations: Practical and Legal Considerations

Associated General Contractors of America, Houston Chapter

February 20, 2007

Managing Leave Law

Associated General Contractors of America, Houston Chapter

December 8, 2006

Reducing Liability Risks for Failing to Effectively Train Mangers & Supervisors on Workplace Policies & Procedures

Counsel on Education in Management

September 6, 2006

Issues in Employment-Related Record Management

Lorman Education Services

May, 10, 2006

Types of Claims and their Value

2006 Labor & Employment Institute - Houston Bar Association

April 27, 2006

Formazione

  • J.D., The University of Oklahoma College of Law, 2000
  • B.A., Oklahoma State University, 1990

Foro di appartenenza

Texas

Abilitazioni

  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, District of Colorado
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Court of Appeals, 4th Circuit
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Supreme Court