David B. Jordan

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.