David Cessante

I am a partner in Clark Hill's Labor and Employment Practice Group. I represent and counsel employers in all industries regarding day-to-day employment-related matters. This includes the automotive, healthcare, hospitality, insurance, and transportation industries. I also have years of experience working with professional employer organizations (PEOs), staffing companies, and fitness clubs. I have extensive litigation experience defending employers in federal and state courts, as well as before the Equal Employment Opportunity Commission (EEOC), the United States Departments of Labor (DOL), the National Labor Relations Board (NLRB), and other administrative tribunals. This includes defending litigation involving: discrimination, retaliation, and harassment claims under Title VII, the ADEA, the American with Disabilities Act (ADA), the Pregnancy Discrimination Act (PDA), and the Equal Pay Act (EPA); single and collective action cases under the Fair Labor Standards Act (FLSA); interference and retaliation claims under the Family and Medical Leave Act (FMLA); unfair labor practice charges under the NLRA and LMRA; withdrawal liability and underpayment and overpayment claims involving multi-employer pension plans under ERISA and the MPPAA; wage and hour audits before the DOL; affirmative action plan audits before the OFCCP; and violations of non-compete, non-solicitation, and confidentiality agreements. In addition to his breadth of litigation experience, I have experience negotiating collective bargaining agreements, guiding employers through union organizing campaigns, drafting executive and employment agreements, drafting employee handbooks and HR policies, drafting sales commission, bonus, and compensation agreements, drafting non-competition, non-solicitation, confidentiality, and work-for-hire agreements, drafting staffing and PEO agreements, and drafting affirmative action plans for federal contractors and subcontractors.