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B r g s david fishman koodun

David J. Fishman Partner

15760 Ventura Boulevard, 18th Floor
Encino, CA 91436

David represents management and individual entrepreneurs in all aspects of litigation from inception through resolution. He handles all facets of the litigation process in labor and employment disputes and has successfully arbitrated and tried cases on behalf of his clients. David has defended employers against charges of race, sex, age, national origin, ancestry, and disability discrimination; harassment; retaliation; wrongful discharge in violation of public policy; unfair competition and defamation.

He also defends employers in wage and hour class actions and Private Attorney General Act (“PAGA”) representative actions including claims for overtime, meal and rest periods, waiting time penalties, and other purported wage and hour violations. David has specific experience under the California Fair Employment and Housing Act, Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and federal and California wage and hour laws.

He advises clients regarding personnel policies and procedures, employee discipline matters, employee handbooks, wage and hour compliance, and other employment issues. He also conducts employee training and investigations at the workplace and has authored several articles on various employment law matters.

David handles complex employment law and wage and hour disputes for a nationwide client base including Fortune 500 companies. Representative matters include:

  • Obtained a published opinion by the California Court of Appeal in favor of a hospitality company with regard to time rounding and meal/rest period premium pay;
  • Prevailed in a jury trial on behalf of a nationwide retailer in an age and disability discrimination case;
  • Secured a defense jury verdict for an entertainment company in a sexual harassment and wrongful constructive termination case;
  • Represented a transportation company in successfully opposing class certification and obtaining summary judgment on claims that the company failed to reimburse drivers for reasonable and necessary expenses; and
  • Represented an entertainment company in a successful demurrer to claims for disability discrimination, sexual orientation harassment, and retaliation.

Admitted to Practice

  • California

Court Admissions

United States Courts of Appeals:

  • Ninth Circuit

United States District Courts:

  • Central District of California
  • Southern District of California
  • Eastern District of California
  • Northern District of California
  • B.A., Political Science, Emory University
    • Phi Beta Kappa
    • Dean’s List
  • J.D., University of Southern California Law School
    • University of Southern California Law Review, Senior Editor
    • Phi Alpha Delta Law Fraternity
    • Public Interest Law Foundation grant recipient
    • First-year writing instruction mentor

Court of Appeal of California

  • Bruni v. The Edward Thomas Hospitality Company (2021) 2021 Cal. App. LEXIS 402* (affirming judgment on demurrer in favor of hotel because the Santa Monica City Ordinance granting recall rights to certain laid off employees in a specific geographic area of Santa Monica did not apply to plaintiff because he had not been employed at the hotel for six months or more at the time of his layoff)
  • Ferra v. Loews Hollywood Hotel (2019) 40 Cal. App. 5th 1239 (hotel’s policy and practice of automatically rounding employee time up or down to the nearest quarter hour complies with California law; review granted by Supreme Court of California on whether meal break payment should include all earnings or just the employee’s established hourly rate)

Professional Associations

  • California State Bar, Labor and Employment Section
  • American Bar Association

Honors

  • Southern California Rising Star, Super Lawyers (Labor & Employment Law)
    David fishman super lawyer lxewl3