David Borgen joined the firm in 1990, after serving as in house counsel for the Communications Workers of America (CWA) AFL-CIO since 1981. David was a Shareholder (partner) of the firm from 1998 through 2015. During that time, he focused primarily on class action enforcement of workers’ minimum wage and overtime rights guaranteed by the Fair Labor Standards Act (FLSA) and the California Labor Code, beginning the Harrison v. Enterprise Rent-A-Car, 1998 WL 422169 (M.D. Fla. 1998) (certified as a nationwide FLSA collective action). Since January 2016, David has been Of Counsel to the firm, continuing his public interest complex litigation practice.
He served on the Editorial Boards for the Second and Third Editions of the BNA Bloomberg Fair Labor Standards Act (2010 and 2015) treatises and many annual supplements. He was the first Employee Co-Chair of the ABA’s Federal Labor Standards Legislation Committee. He was also a Senior Editor of the BNA Bloomberg treatise Wage and Hour Laws: A State by State Survey (2011), and its annual supplements. He was the President of the College of Labor and Employment Lawyers. He was an Employee (Plaintiff) Council member for the ABA Labor and Employment Law Section.
Education
- University of California, Hastings College of Law, J.D., 1981 (Order of the Coif)
- University of Iowa, M.A., 1976
- Rutgers College, B.A., 1974
Bar and Court Admissions
California, 1981
U.S. District Courts: Northern, Eastern, Central, & Southern Districts of CA
U.S. Court of Appeals: Second, Third, Seventh, Ninth, and Tenth Circuits
Awards
Law Dragon (2018-2019) 500 Leading Plaintiff Employment Lawyers
Martindale-Hubbell 2013 Top Rated Lawyer in Labor & Employment
Listed as “The Top 100” Northern California Super Lawyers (2012)
Listed in The Best Lawyers in America (Wood/Whyte)
Selected as “SuperLawyer” in the Northern California Super Lawyers Magazine
National Lawyers Guild (NLG) San Francisco Chapter’s “Champion of Justice” award (2008)
Professional Associations and Memberships
- College of Labor and Employment Lawyers, Fellow (2004–present); President 2020
- American Bar Association (ABA) Labor and Employment Section: Council Member (2016-2020); Co-chair, Committee on Federal Labor Standards Legislation (2003–2007); Co-chair, Fair Labor Standards Act Sub-Committee (2000–2004); National Programs Subcommittee, Co-chair (2007–2008); CLE/Institutes and meetings Co-chair (2009-2010).
- State Bar of California: Labor and Employment Section
- National Employment Lawyers Association (NELA) – Former Wage and Hour Committee Co-Chair
- National Lawyers Guild (NLG) 1978–Present
Prior Employment
- Counsel for Communications Workers of America, AFL-CIO (1981–1990)
Representative Cases
Bradley v. Vox Media, Inc., 2019 WL 1060804, D.D.C., March 6, 2019 (joined as co-lead counsel and resolved class/collective action settlement for “independent contractor” sports journalists). Final approval granted, January 7, 2021.
Abarca v. Werner Enterprises, 2018 WL 1392 909 D. Ne., March 20, 2018 (appointed Class Counsel to certified class of truck drivers for wage and hour claims).
Ayala v. U.S. Xpress, 2017 WL 3328087, C.D. Cal., July 27, 2017 (appointed Class Counsel to certified class of truck drivers for wage and hour claims). There has been extensive motion practice and trial has been delayed due to COVID-19.
Ernst v. City of Chicago, 837 F.3d 788 (7th Cir. 2016) (ordering new trial for intentional discrimination claims and granting judgment on disparate impact claims based on faulty pre-hire test); Remedies trial counsel (August 2017), resolved in 2019 with make whole instatement and monetary relief for five clients.
Godfrey v. City of Chicago, 973 F. Supp. 2d 883 (N.D. Ill.) (class action settlement for African American women challenging Fire Department’s physical abilities test; final approval granted March 26, 2015).
Vasich v. City of Chicago, 2013 WL 6730106 (N.D. Ill.) (class action settlement for female applicants denied Fire Firefighter jobs due to physical abilities test; final approval granted on December 20, 2013).
Roussell v. Brinker Int’l., 2011 WL 4067171 (5th Cir. Sept. 14, 2011) (affirming $1.8 million trial verdict for unlawful tip pool)
Dent v. Cox Communications Las Vegas, Inc., 502 F.3d 1141, 2007 WL 2580754, 12 WH Cases 2d 1537 (9th Cir. Sept. 10, 2007) (Lead appellate counsel; obtained reversal of district court dismissal of FLSA overtime claims due to inadequate DOL WH-58 Release form)
Parks v. Eastwood Ins. Svc., Inc., 2007 WL 1430289 (9th Cir. 2007) (affirming attorneys fees award in overtime case)
Garcia v. Oracle, No. RG 07321026 (Alameda Cnty. Super. Ct.) (co-counsel for three sub-classes of IT support employees seeking overtime pay under state law; class certified by Order dated October 15, 2010; final approval of $35 million class action settlement granted on March 8, 2012)
Hallissey v. American Online, Inc., No. 99-CV-0378 KTD (S.D.N.Y.) (class counsel for settlement class for chatroom coordinators for back wages while misclassified as volunteers; final approval of $15 million settlement granted May 20, 2010)
Rosenberg v. IBM, No. 06-00430 PJH (N.D. Cal.) (Co-Counsel for putative nationwide FLSA and multi-state class of technical services workers), filed January 24, 2006; final approval of nationwide $65 million settlement granted July 11, 2007)
Lin v. Siebel Systems, Inc., No. CIV 435601 (Superior Court, San Mateo County) (Counsel with Dickson-Ross LLP for software engineers; final approval granted on April 27, 2007, for $27.5 million class settlement of overtime claims)
Bullock v. Automobile Club of Southern California, No. SACV01-731GLT, 2002 WL 432003 (C.D. Cal.) (Lead counsel in FLSA collective action certified for over 500 opt-in Sales Agent plaintiffs and settled in conjunction with Rule 23 class for a total of 1,300 claims in the amount of $19.5 million; final approval granted December 6, 2004)
DeSoto v. Sears Roebuck & Co., No. RG 03096692 (Super. Ct., Alameda Cnty.) (Co-lead counsel for statewide class of 2,700 home repair technicians certified on September 21, 2004); class and collective action nationwide settlement ($15 million) approved over objections in Lenahan v. Sears, Roebuck and Co., 266 Fed. Appx. 114 (3d Cir. 2008)
Harrison v. Enterprise Rent-A-Car, 1998 WL 422169 (M.D. Fla. 1998) (Lead counsel in nationwide collective action under Fair Labor Standards Act)
Representative Publications
American Bar Association – Section of Labor & Employment Law, Newsletter (Winter 2018, Vol. 46, No. 2): “The Newest Hollywood Blockbuster: Inclusion Riders.”
Fair Labor Standards Act, Third Ed. 2015, Bloomberg BNA, Editor.
American Bar Association – Section of Labor & Employment Law, David Borgen reviews “Just Mercy” by author Bryan Stevenson (Spring 2015, Vol. 43, No. 2)
David Borgen Discusses Supreme Court’s Christopher v. GlaxoSmithKline Ruling, Bloomberg/BNA, FLSA Litigation Tracker (Oct. 1, 2012)
Clash of the Titans: Iqbal and Wage/Hour Class/Collective Actions (with Lin Chan), BNA, Daily Labor Report, 80 DLR L-1 (Apr. 28, 2010)
Fair Labor Standards Act (5065-v108), DVD training program for Federal Judicial Law Clerks, The Federal Judicial Center, Washington, D.C. (Oct. 2008)
Wage and Hour Laws: A State by State Survey (2011) and subsequent supplements, BNA treatise, Senior Editor
Advanced Issues in FLSA Collective Actions: Joint Employment, Employee Rights and Employment Policy Journal (Chicago-Kent College of Law), Vol. 10, No. 2 (2006)
Representative Speaking Engagements
National Employment Lawyers Association (NELA), “Key Cases & Shifting Grounds in FLSA” (Speaker), Denver, CO (April 12, 2019)
American Bar Association (ABA) Labor and Employment Law Section Annual Conference, “Mediation Strategies: Advanced Techniques and Cutting Edge Case Developments in Wage Hour Litigation and Settlements” (Panelist), San Francisco, CA (November 8, 2018)
National Employment Lawyers Association (NELA), “Hot Topics in Wage & Hour Law,” (Speaker/Panelist), at 2016 Annual Convention, Los Angeles, CA (June 24, 2016)
National Employment Lawyers Association (NELA), “ A Conversation With the Solicitor of Labor” (Moderator for discussion with USDOL SOL Patricia M. Smith), at Protecting Pay: Representing Workers With Wage & Hour Claims MCLE Seminar, Washington, DC (April 24, 2015).
American Bar Association (ABA) Labor and Employment Law Section, Federal Labor Standards Legislation Committee Mid-Winter Meeting, “Litigating Attorneys’ Fees in Fee Shifting Cases,” Puerto Vallarta, MX (February 27, 2015)
Colorado Bar Association, National CLE Conference, “Wage and Hour Law: 2014 Developments,” Vail, CO (January 8, 2015)
State Bar of California Fourth Annual Advanced Wage & Hour Conference, Panelist, “Wage & Hour Update: The Year in Review,” Los Angeles, CA (July 30, 2014)
Settlement Preparations, Strategies & Management, Bridgeport Continuing Education, 11th Annual Wage & Hour Litigation & Management Conference, Los Angeles, CA (Dec. 14, 2012)
Compliance Issues, American Bar Association (ABA) Labor and Employment Law Section 6th Annual Conference, Atlanta, GA (Nov. 2, 2012)
Plaintiffs’ Bar Session, Panelist, American Conference Institute’s 16th National Forum on Wage/Hour Claims and Class Actions, San Francisco, CA (Sept. 28, 2012)
Wage and Hour Update, State Bar of California, Labor & Employment law Section, 2nd Annual Advanced Wage and Hour Conference, Los Angeles, CA (July 25, 2012)
Cutting Edge Issues in Winning Section 216(b) Collective Actions, National Employment Lawyers Association (NELA) Annual Convention, San Diego, CA (June 22, 2012)