David E. Schlesinger

David Schlesinger represents plaintiffs in individual cases and in class and collective actions.  He has successfully litigated claims for discrimination, retaliation, breach of contract, unpaid wages and shareholder rights.  David has represented thousands of employees in collective actions under the Fair Labor Standards Act.  He also defends employees from employer claims involving non-competes and trade secrets. 

As first-chair, David has tried and won cases, both in trial and in arbitration.  David has handled several appeals and recently appeared before the Minnesota Supreme Court. 

David teaches Practice and Professionalism at the University of Minnesota Law School.  He also volunteers through the Children’s Law Center and the Volunteer Lawyers Network.

Admissions

• 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

Education

• J.D. University of Minnesota Law School, cum laude
• B.A. Mary Washington College, cum laude

Publications / Speaking Engagements

• “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).

Selected Results

• Fair Labor Standards Act: 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).
• Successor Liability: Schwartz v. Virtucom, Inc., 2009 WL 1311816 (Minn. App. May 12, 2009) (affirming a trial court judgment for the employee in a successor liability trial).
• Hostile Work Environment: LaMont v. Independent School Dist. No. 728, 814 N.W.2d 14 (Minn. May 16, 2012) (establishing a claim for hostile work environment prohibiting sex-based but non-sexual conduct under the Minnesota Human Rights Act).
• 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).
• Minority Shareholder Rights and Intentional Interference with Contract: 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).

Titles / Awards / Memberships

• 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
• Hennepin County Bar Association Member
• Minnesota State Bar Association Member
• National Employment Lawyers Association Member