Overview

David B. Jordan focuses his practice on employment counseling and litigation, including all aspects of labor relations and employment law. His areas of concentration include:

  • Complex class and collective action litigation
  • Wage and hour collective actions
  • Wage and hour compliance, including tip credit and tip sharing issues
  • Discrimination
  • Wrongful discharge
  • Retaliation
  • Workplace safety

He also handles disputes involving employment contracts, covenants not to compete, trade secrets and confidentiality agreements.

In addition to representing employers in federal and state courts and before administrative agencies, David also regularly counsels clients on a variety of workplace issues, such as:

  • Employment policies
  • Whistleblower protections and compliance
  • Strategic business planning
  • Positive employee relations
  • I-9 compliance
  • Other general labor and employment matters

David is an active speaker on labor and employment law issues, appearing before trade organizations, human resource professionals and corporate legal departments. Most frequently, he works with clients in such industries as energy, retail, restaurant and hospitality, manufacturing, banking and healthcare.

From 2000-2001, David served as a clerk for the Hon. Sven Erik Holmes of the United States District Court, Northern District of Oklahoma. Prior to practicing law, David spent approximately 10 years in the hospitality industry, building and managing a variety of restaurant concepts.

Professional & Community Affiliations

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

Recognition

Named, The Best Lawyers in America©

2013-2018

Named, Rising Star

Texas

Law & Politics

2006-2011

News, Analysis & Press

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

Books & Book Chapters

  • Texas Employment Law Handbook, Texas Association of Business, Chapter Editor and Contributing Author, 2004-2017

Speaking Engagements

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

A Primer on FLSA Litigation for the HR Professional

HR Houston, Houston, TX

May 10, 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 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, TXDallas, 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

Houston, TX

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

Houston, TX

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

Education

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

Bar Admission

Texas

Courts

  • 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, 4th Circuit
  • U.S. Court of Appeals, 5th Circuit