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David C. Lindsay

Partner
+1.919.743.7304
Fax +1.919.516.2004
+1.704.331.7400
Fax +1.704.331.7598
David Lindsay focuses his practice on defending employment discrimination lawsuits and class and collective wage and hour actions, advising businesses on complex employee relations issues and assisting clients on international employment matters. He advises clients on questions relating to state and federal employment law, including questions relating to the Family and Medical Leave Act, the Fair Labor Standards Act, the Americans with Disabilities Act and OSHA regulations. As part of his practice, he also regularly enforces covenants not to compete on behalf of employers.

Mr. Lindsay is listed in The Best Lawyers in America® 2013-2019 and is ranked in Chambers USA - North Carolina in the Labor & Employment category. He has been named a 2010 North Carolina "Rising Star" and a 2013-2018 North Carolina "Super Lawyer" for Employment & Labor Law by SuperLawyers magazine and also was honored in Business North Carolina magazine’s "Legal Elite" in 2009, 2013-2016, and 2018-2019 as one of North Carolina’s top employment attorneys.

Professional Background

Prior to joining the firm, Mr. Lindsay was a partner at an international law firm located in Raleigh.

Achievements

  • Best Lawyers in America, Litigation - Labor and Employment, 2017-2019
  • North Carolina Super Lawyers, Employment & Labor Law, 2013-2018
  • Ranked in Chambers USA, Labor & Employment – North Carolina, 2018
  • Martindale-Hubbell AV Preeminent® Rating, Labor and Employment, Litigation and Administrative Law, 2013-present
  • North Carolina Super Lawyers, Rising Star, 2010
  • Legal Elite, Business North Carolina magazine, Employment Law, 2009, 2013-2016, 2018-2019

Professional/Civic Activities

  • American Health Lawyers Association, Labor and Employment Practice Group, Member
  • American Red Cross Triangle Area Chapter, Board of Directors (2012-2016)
  • Literacy Council of Wake County, Past Vice President, Board Member (2000-2003 and 2004-2008)
  • North Carolina State Bar, Member
  • The Raleigh School, Legal Trustee (2013-2017)

Additional Information

Publications and Presentations

  • Presenter, #MeToo: How the Movement Impacts the Way Your Company Addresses Sexual Harassment, K&L Gates “Under the Wire” CLE Seminar, February 2018
  • Presenter, Ready for 2017? Changing Employment Regulations in a New Political Landscape” K&L Gates “Under the Wire” CLE Seminar, February 2017
  • Presenter, The Obama Legacy – As His Term Wanes, The President Champions Regulatory Changes in the Employment Arena, K&L Gates “Under the Wire” CLE Seminar, February 2016
  • Presenter, Human Resources Law: What You Need to Know, National Business Institute, November 2015
  • Presenter, Beyond the Locker Room: Bullying in the Workplace, January 2014
  • EEOC Issues Final Regulations on Genetic Discrimination in the Workplace, Employee Relations Law Journal, March 01, 2011
  • Recent Trends In Health Care Wage And Hour Law, Law360, December 23, 2009
  • Complying with the New Expanded FMLA, Law 360, November 11, 2009
  • Managing Risk in These Days of Mental Health Reform, N.C. Providers Council, October 01, 2009
  • Staff Reductions in Tough Times, N.C. Center for Nonprofits, September 01, 2009
  • Beyond Sarbanes-Oxley: State Law Protections in the Era of the Whistleblower, Employee Relations Today, April 01, 2007
  • Zero-Tolerance Policies: When Are They Right for Your Business?, Employment Relations Today, April 01, 2006
  • Represented national manufacturer and managers in connection with OSHA matters and successful resolution of safety-related lawsuit.
  • Representing international medical transcription and health technology company in wage and hour class actions.
  • Represented national technology company in connection with high-profile noncompete and trade secrets dispute.
  • Investigated, defended and successfully resolved national origin discrimination claims filed in Massachusetts by more than 20 employees, former employees and job applicants of transportation company.
  • Successfully represented nonprofit healthcare companies in multiple Department of Labor wage and hour investigations.
  • Negotiated successful resolution of breach of contract claim by executive of health care company that provides services in 12,000 facilities in 43 U.S. states.
  • Represented national membership organization in successful defense of charge of unfair labor practices before the National Labor Relations Board.
  • Represented clinical research organization in connection with successful resolution of ERISA lawsuit.
  • Managed in-depth review of company policies for fast-growing IT consulting company.
  • Successfully resolved claims of sex discrimination by terminated executive against medical transcription company with 10,000 employees in five countries.
  • Appeared for oral argument in the U.S. Court of Appeals for the Fourth Circuit and successfully defended grant of summary judgment in FMLA case for medical company.
  • Successfully defended technology company against workers’ compensation retaliation claim by former employee, obtaining summary judgment on all claims.
  • Advised a national association, the world’s largest member association in its profession, on wage and hour classification issues and reclassification project.
  • Conducted complex multi-state internal investigation into allegations of sexual harassment and misconduct against company executives and resolved threatened lawsuit against client company.
  • Defended transportation company and obtained favorable settlement of collective action wage and hour lawsuit claiming off-the-clock work.
  • Played key role on team that obtained summary judgment for employer in complex multi-plaintiff action alleging injury from chemical exposure and seeking $50 million in damages.