David E. Schlesinger
David Schlesinger is an experienced, effective attorney who has been recognized for the quality of his work for employees. He is an MSBA Certified Labor and Employment Law Specialist, has been selected multiple times as a Super Lawyer, is President of the Minnesota Chapter of the National Employment Lawyers Association and teaches Law in Practice at the University of Minnesota Law School. David has successfully litigated a wide variety of employment claims, from discrimination, to wage and hour, to claims under the Family and Medical Leave Act. His practice includes an emphasis on the intersection of employment and business disputes, including litigation of breach of fiduciary duty and minority shareholder claims. He has effectively defended employees from non-compete and trade secret claims brought by their former employers.
- Arizona Supreme Court
- Minnesota Supreme Court
- 8th Circuit Court of Appeals
- U.S. District Court – District of Arizona
- U.S. District Court – Eastern District of Michigan
- U.S. District Court – District of Minnesota
- U.S. District Court – District of North Dakota
- J.D. University of Minnesota Law School, cum laude
- B.A. Mary Washington College, cum laude
Publications / Speaking Engagements
- Co-author of “Joint Employer and Independent Contractor Issues,” published in The FMLA Handbook, Second Edition, 2016 (Minnesota Continuing Legal Education)
- “Turning the Tables on Employer Counterclaims,” Eighth Circuit NELA Conference, Kansas City, Missouri, 2016.
- “Equal Pay Act Collective Actions,” American Bar Association, Midwinter Conference of the Federal Labor Standards Legislation Committee, San Juan, Puerto Rico 2016.
- “Federal Litigation 101,” National Business Institute Video Webcast, 2015.
- “The Art of Trial Preparation” National Employment Lawyers Association Annual Convention, Atlanta, Georgia, 2015.
- “How NELA Affiliates Operate,” National Employment Lawyers Association Affiliate Leader Training, Atlanta, Georgia, 2015.
- “Equal Pay Act Update,” American Bar Association, Midwinter Conference of the Federal Labor Standards Legislation Committee, Puerto Vallarta, Mexico, 2015.
- “Mental Health and the Legal Workplace,” Minnesota Employment Law Series CLE Webcast, 2014.
- “The Art of Trial Preparation,” Eighth Circuit National Employment Lawyers Association Conference, 2014.
- “Wage and Hour 301: Wage and Hour Cases in Minnesota and Developing Trends.” Minnesota National Employment Lawyers Association, 2014.
- Coauthor of “The Canary Sings Again: New Life for the Minnesota Whistleblower Act,” Bench & Bar of Minnesota (September 2013, Volume LXX, Number VIII at 14-18).
- "20 Tips to Make Litigation Practice Just a Little Easier." Strategic Solutions for Solo and Small Firms Conference, Duluth, MN, 2013.
- “Mental Health, Chemical Dependency and Employment – Returning to Work.” Minnesota Employment Law Series CLE Webcast, 2012.
- "Your Boss Did What? Employment Law 101 and the ABC's of Finding a Good Case." Strategic Solutions for Solo and Small Firms Conference, Duluth, MN, 2012.
- “Top 10 Tips to Maximize Economic & Compensatory Damages in Employment Cases.” National Employment Lawyers Association Annual Convention, San Diego, CA, 2012.
- National Academy of Arbitrators Panel: The Voice of Experience in Employment Arbitration, 2012.
- Quoted in “More American Workers Sue Employers for Overtime Pay,” USA Today (April 16, 2012).
- Guest on “Money 101 with Bob McCormic” CBS Los Angeles News Radio (April 16, 2012).
- "Religious Discrimination and Accommodation in the Workplace." MSBA Program, 2012.
- "Appeals in Employment Law Cases." Minnesota CLE Webcast Panel, 2011.
- "Kasten: The New FLSA Retaliation Standard." Thomson Reuters Webinar Panel, 2011.
- The Magically Disappearing Defendant: Successor Liability Under Minnesota Law, Bench & Bar of Minnesota (July 2010, Vol. LXVII, No. VI at 30 - 34, 2010).
- "Hot Issues in Debtor-Creditor Practice: Successor Liability and Fraudulent Transfer: Risks for the Successor Business." Minnesota CLE, 2010.
- Featured in "Muslim Bias Claims Growing," Minnesota Lawyer, October 4, 2010.
- "Labor and Employment Law Section: Litigating Against the Magically Disappearing Defendant: Successor Liability Under State and Federal Law." Hennepin County Bar Association, 2010.
- Marie Claire Magazine, quoted in Getting Paid for Booting Up (p. 96. April, 2009).
- "Spark" Radio Show, Interview regarding wage and hour claims and computer boot-up and log-in time. (Episode 56, CBC Radio, 2008).
- Minority Shareholder Rights: Second-chaired a jury trial in which our client was awarded $700,000 on minority shareholder claims (Minn. Dist. Ct. 2013); Garamella v. Intrepid U.S.A., et al. (Minn. Dist. Ct. 2007) (denial of employer’s motion for summary judgment on employee’s claims for breach of fiduciary duty and intentional interference with contract).
- Successor Liability: Schwartz v. Virtucom, Inc., 2009 WL 1311816 (Minn. App. May 12, 2009) (trial and appellate victory for the employee in a successor liability claim); Teed v. Thomas & Betts Power Solutions, L.L.C., 711 F.3d 763, 764 (7th Cir. 2013) (counsel for Amicus Curiae National Employment Lawyers' Association in case establishing standard for successor liability under the FLSA).
- Hostile Work Environment: LaMont v. Independent School Dist. No. 728, 814 N.W.2d 14 (Minn. May 16, 2012) (argued before the Minnesota Supreme Court, established a claim for hostile work environment prohibiting sex-based but non-sexual conduct under the Minnesota Human Rights Act); Rasmussen v. Two Harbors Fish Co., --N.W.2d. ----, 2013 WL 2221487 (Minn. May 22, 2013) (counsel for amicus curiae Minnesota Chapter National Employment Lawyers Association).
- Equal Pay Act: Cox v. Boehringer Ingelheim Pharm., Inc., Civ. No. 13-CV-1138, 2014 WL 2197031 (D. Minn. May 27, 2014) (denial of employer’s motion for summary judgment on equal pay act and Title VII claims).
- Whistleblower: Swanson v. State, 2009 WL 671039 (Minn. Ct. App. March 17, 2009) (reversal of summary judgment of employee’s whistleblower claim).
- Failure to Accommodate Religion: Haliye v. Celestica Corp., 717 F.Supp.2d 873 (D. Minn. 2010) (denial of employer’s motion for summary judgment of religious discrimination claims of twenty Muslim workers).
- Non-compete: Schlief v. Nu-Source, Inc., 2011 WL 1560672 (D. Minn. April 25, 2011) (granting employee’s motion to dismiss employer’s non-complete and trade secret claims); Genesis 10 v. ValueWise, et al., (Minn. Dist. Ct. 2011) (denial of employer’s motion for a temporary restraining order seeking to prevent employees from joining a new company).
- Federal Railway Safety Act: Bertrang v. Wisconsin Cent., Ltd., Civ. No. 14-0133, 2014 WL 4199710 (D. Minn. Aug. 22, 2014) (granting motion to compel Rule 30(b)(6) deposition).
- Fair Labor Standards Act: Knaak v. Armour-Eckrich Meats, LLC, 991 F. Supp. 2d 1052, 1053 (D. Minn. 2014) (granting conditional certification and denying employer’s motion to dismiss breach of contract claim); Russell v. Illinois Bell Telephone Co., Inc., 721 F.Supp.2d 804 (N.D. Ill. 2010) (denial of decertification of employees’ off-the-clock claims at four call centers); Russell v. Illinois Bell Telephone Co., 575 F. Supp. 2d 930 (N.D. Ill. 2008) (granting conditional certification to call center employees); Bishop v. AT & T Corp., 256 F.R.D. 503 (W.D. Pa. 2009) (same); Hargrove v. Ryla Teleservices, Inc., 2012 WL 463442 (E.D. Va. February 13, 2012) (same); Robinson v. Ryla Teleservices, Inc., 2012 WL 505856 (S.D. Ala. January 19, 2012) (same); Swarthout v. Ryla Teleservices, Inc., 2011 WL 6152347 (N.D. Ind. December 12, 2011) (same).
Titles / Awards / Memberships
- MSBA Certified Labor and Employment Law Specialist. According to the MSBA, “The certified specialist designation is earned by leading attorneys who have completed a rigorous approval process, including an examination in the specialty area, peer review, and documented experience. Certified attorneys have demonstrated superior knowledge, skill and integrity in their specific field and can use the designation of specialist to advertise their credentials. . . This achievement has been earned by fewer than 3% of all licensed Minnesota attorneys.”
- Named to the Super Lawyers list, Minnesota Super Lawyers, Minneapolis/St. Paul Magazine, and Twin Cities Business, 2013-2016
- Associate Adjunct Professor teaching Law in Practice, University of Minnesota Law School, 2011 to 2014, 2016
- President, Minnesota Chapter National Employment Lawyers Association
- Governance Committee Member, National Employment Lawyers Association (“NELA”)
- Treasurer, Eighth Circuit NELA
- Named to the Rising Stars list, Minnesota Super Lawyers, Minneapolis/St. Paul Magazine, and Twin Cities Business 2012
- American Bar Association Member
- Federal Bar Association Member
- Minnesota State Bar Association Member