David B. Wilson

Employers want to spend their time running their business and not getting unnecessarily side tracked by the myriad of employment laws designed to protect employees. Dave believes employers need to know the rules so they can treat their employees fairly as that is what is good for business.

Biography

David B. Wilson (“Dave”) is a founding partner of the firm and has spent nearly three decades defending employers in employment, wage and hour, and general commercial disputes in the state and federal courts of Massachusetts and New Hampshire. In 2015 Dave was first recognized by his peers as Lawyer of the Year by Best Lawyers in America for his work in Litigation – Labor and Employment. He was again recognized by his peers as Lawyer of the Year by Best Lawyers in America (2018 Edition and 2020 Edition) for his work in Labor and Employment – Management.

Dave spends a significant amount of his time acting as a business partner with his clients, counseling and training them in all areas of employment relations law. Dave also has an acute interest in the intersection between technology, the law and the workplace and has written and presented extensively on social media and hidden cameras in the workplace. He is a MCAD certified trainer in Preventing Harassment in the Workplace and Preventing Discrimination in the Workplace and has served on the faculty for the MCAD certification course.

Dave is a member of HRW’s Data Security Team, which was formed to develop a comprehensive approach to the new data security statutes and regulations (M.G.L. ch. 93H, 93I, 201 C.M.R. 17.00, et seq.) including developing programs for compliance, speaking and training on the subject, and monitoring and participating in relevant legislative activities.

Bar Admissions

  • Massachusetts, 1986
  • New Hampshire, 1996
  • Federal District Court of Massachusetts, 1987
  • Federal District Court of New Hampshire, 1996
  • U.S. Court of Appeals, First Circuit, 1987

Education

  • Northeastern University School of Law, J.D., 1986
  • Amherst College, B.A., 1982

Experience

Dave spent his year after graduation (1982-83) as the “Green Dean” in the Amherst College Admission Office where he helped recruit and pick the class of 1987. He spent the summer before law school with a chain saw clearing forests for roads. Dave practiced in the Labor and Employment group at Robinson & Cole LLP from 1993 to 2008 as an associate and for the last 8 years as an equity partner.  Prior to that Dave was an associate at Harrison & Maguire, P.C.

Publications & Appearances

  • Quoted, Associated Industries of Massachusetts website
  • Co-Author, “Drafting Employee Manuals and Handbooks” in Drafting Employment Documents in Massachusetts, a publication by MCLE | New England
  • Co-Presenter, “Employer Update: Massachusetts Paid Family and Medical Leave (PFML) Law,” Eastern Benefits, August 2020
  • Presenter, “Strategies and Legal Considerations for Workplace COVID-19 Testing,” Associated Subcontractors of Massachusetts, July 2020
  • Presenter, “What Employers Need to Know About COVID-19 Testing & Accelerating the Return to Work,” OccuMed Mew England, June 2020
  • Presenter, “Legal Update Webinar,” OneDigital, December 2019
  • “Planning to Fire a Member of Your Team?” in Psychology Today, December 2019 (read here)
  • Co-Presenter, “Pay Equity for Small Employers,” Associated Industries of Massachusetts, March 2018
  • Co-Author, “Employers May Risk Disability Discrimination Claims by Prohibiting Use of Medical Marijuana by Qualified Disabled Employees,” Boston Bar Journal, November 2017
  • Faculty Member, MCLE’s Annual Employment Conference 2014, 2012, 2011, 2010
  • Contributing Author, Employee Privacy: Massachusetts, XpertHR, a web-based employment compliance service (for a summary of this article please click here)
  • Contributing Author, Minimum Wage: Massachusetts, XpertHR (for a summary of this article please click here)
  • Contributing Author, Overtime: Massachusetts, XpertHR (for a summary of this article please click here)
  • “An Employer’s Guide to Hidden Cameras in the Workplace” (5/2008), published in Massachusetts Oilheat Council Newsletter
  • “Wrongful Termination and Exceptions to At-Will Employment” (6/15/2007) presented at Massachusetts Continuing Legal Education Seminar, co-chair of seminar, contributing author to seminar handbook
  • “Navigating the Corporate Blogosphere”, coauthored with Rita Trivedi (November 2006), published in Bender’s Labor & Employment Bulletin
  • “Hidden Cameras in the Workplace – Lessons Learned from Nelson v. Salem State College” (September/October 2006), published in Municipal Lawyer, Vol. 45, No. 5
  • “Big Brother, Hidden Cameras & Other Surveillance in the Workplace”, co-presented with Jeffrey M. Feuer, Esq., and David R. Kerrigan, Assistant Attorney General (1/11/2006) at Massachusetts Bar Association Luncheon Roundtable
  • Regular presenter of educational programs for professional and trade associations, including Associated Industries of Massachusetts, Smaller Business Association of New England, the Massachusetts Provider’s Council, and others

Representative Matters

Employment and Discrimination Litigation

  • Won jury verdict for a large regional lending institution defending against claims of race, color, and national origin discrimination following a four-day trial.
  • Won summary judgment in favor of regional assisted living facility on former executive director’s claims of defamation, breach of contract, and bad faith termination in violation of public policy.
  • Successfully defended a national hotel company, through trial and appeal, from wage and hour claims relating to a claimed failure to properly pay tips for banquet employees, limiting damages to $2.46. Created for employer’s favorable law on appeal relating to attorney’s fees in wage and hour cases.
  • Successfully represented national truck rental company in sex, race, color, and national origin discrimination lawsuits filed by eight current or former employees. Plaintiffs also sought class action status, but case successfully positioned for mediation and then favorable global settlement.
  • Successfully advised president of financial institution on reorganization of senior management team while completing sexual harassment investigation.

Noncompetition Litigation

  • Successfully defended staffing company and recently hired employee against former employer’s claims for violation of non-completion agreement.
  • On behalf of a major technology research company successfully obtained injunctive relief to prevent disclosure of proprietary information, solicitation of clients and former employees.

Affiliations

  • Contributing Author, Xpert HR
  • President of the Friends of Leary Field, Inc.
  • Board of Trustees for the American College of Sofia
  • Board of Directors Communities for Restorative Justice, Concord, MA
  • Board of Directors, Acton-Boxborough Youth Soccer (Past President 2000 -2003)

Awards

  • 2020 Best Lawyers in New England by Best Lawyers in America
  • 2020 Lawyer of the Year in Employment Law – Management in Boston by Best Lawyers in America
  • 2018 Lawyer of the Year in Employment Law – Management in Boston by Best Lawyers in America
  • Ranked as a Notable Practitioner by Chambers USA in 2017
  • Ranked among Top 100 Lawyers in Massachusetts by Super Lawyers, 2016-present
  • 2015 Lawyer of the Year in Employment Law – Management in Boston by Best Lawyers in America
  • Named a Massachusetts Super Lawyer, 2004, 2008-present
  • Recognized in Best Lawyers, 2013-present
  • Rated AV Preeminent by Martindale-Hubbell (the highest peer rating standard)

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