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 & Community Affiliations

Member, Board of Directors

Minnesota Twins Community Fund

Member, Board of Directors

Twin Cities Rise!


Minnesota Affirmative Action Compliance Council


Minnesota Affirmative Action Compliance Council


National Association of College and University Attorneys


American Bar Association


Minnesota State Bar Association


Awarded, AV® Peer Review Rating


Named, Recommended Lawyer

Workplace and Employment Counseling

Legal 500 United States


News, Analysis & Press

Take Steps to Comply with Pay Discussion Rule

SHRM Online

October 14, 2016

EEOC Finalizes Employer Pay Data Requirement

Bloomberg BNA Daily Labor Report

September 29, 2016

Staffing Firms, Federal Contractors Must Beware Pitfalls

Bloomberg BNA Daily Labor Report

August 24, 2016

Striking a Blow for Diversity?

Human Resource Executive Online

July 21, 2016

Gender and Pay: New Study Illuminates Old Concerns

American Law Institute Continuing Legal Education Blog

July 15, 2016

HR's Role in Pay Analyses

HR Magazine

July 1, 2016

Affirmative Action Isn’t Dead

SHRM Online

June 24, 2016

Affirmative Action Upheld by Divided Supreme Court

Bloomberg BNA The U.S. Law Week

June 23, 2016

Details Still Uncertain on Contractor Paid Sick Leave

Bloomberg BNA Pension & Benefits Daily

November 4, 2015

New equal-pay obligations for Minnesota government contractors

Westlaw Journal Government Contract

June 23, 2014

The OFCCP’s final regulations on affirmative action for veterans and the disabled

Thomson Reuters Westlaw Journal Employment

November 11, 2013

SCOTUS Upholds Affirmative Action


June 24, 2013

When Differences Matter: Employers’ Rights and Risks

Society for Human Resource Management (SHRM)

April 17, 2013

Casting a Wider Net

Human Resource Executive

March 26, 2013

Who’s the Boss? High Court to Define ‘Supervisor’

The Wall Street Journal

November 26, 2012

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


Speaking Engagements

A Guide to Compliance for Government Contractors Working with Temp Agencies and Staffing Firms

2016 ILG National Conference, Charlotte, NC

August 3, 2016

Government Contractors Industry Roundtable

The 2016 Executive Employer® Conference, Scottsdale, AZ

May 6, 2016

Government Contracting: The Frontlines of Future Employment Policy

The 2016 Executive Employer® Conference

May 4, 2016

Developing and Implementing an Affirmative Action Program for Women and Minorities

American Association for Access, Equity and Diversity’s Professional Development and Training Institute, Philadelphia, PA

November 11-12, 2015

Overview of Federal Labor Laws for Government Contractors (SCA, DBA, FLSA, OFCCP and related Executive Orders)

Public Contracting Institute: HR and Labor Compliance for Federal Contractors

September 15, 2015

Littler Global Puerto Rico Conference

Hato Rey, PR

August 20, 2015

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


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

Upper Midwest Employment Law Institute


Prevailing Wage Law in Minnesota

Lorman Education Services


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

Minnesota Technical Recruiters Network


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

Corporate Counsel Luncheon - Hennepin County Bar Association


WARNing WILL ROBINSON! Hidden Hazards for the Unwary Under WARN

Upper Midwest Employment Law Institute


Affirmative Action 101

Upper Midwest Employment Law Institute


Affirmative Action: Developments for Employment and Business Practitioners

Bar Association / WebCredenza Teleseminar Series


A Practical Guide to the Developing Law: ADA and FMLA

Faegre & Benson


Conceal and Carry

Minnesota CLE


Statistical evidence: When, How and Why to Use It

Minnesota Continuing Legal Education


HR Challenges in the Electronic Age

Faegre & Benson


Alternative Dispute Resolution of ADA Claims

Minnesota Institute of Legal Education


Developing and Trying Complex Employment Cases: A Defense Perspective

Labor and Employment Law Institute


Testimony before the Minnesota Advisory Committee

U.S. Commission on Civil Rights



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

Bar Admission

South Dakota


  • 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