David continues on at DHKL as Of Counsel bringing his 45 years of experience protecting workers’ rights in complex employment litigation. He is available to consult on new potential cases and to assist on working through thorny issues in ongoing cases. David has most recently brought truckers’ minimum wage class action claims to trial and ultimately to settlement in Ayala v. U.S. Xpress (C.D. Cal. 2023) and Abarca v. Werner Enterprises, Inc. (D. Neb. 2025). He can assist in class action mediations and helping with both settlement and litigation strategy.
David was one of the early pioneers in using class and collective actions to enforce minimum wage and overtime rights on behalf of day laborers, rental car assistant managers, software engineers, journalist bloggers, mortgage sales agents, and insurance agents. Starting in the mid-90’s, David led the firm’s wage and hour practice and helped thousands of workers and many plaintiff cocounsel firms achieve outstanding recoveries in wage theft cases. Before that, David worked on many of the firm’s historic Title VII civil rights class actions against major employers like State Farm, Albertsons, and Home Depot. More recently, David took on the Chicago Fire Department on behalf of several classes and groups of women seeking jobs and promotions.
David started his career as a union staff attorney with the Communications Workers of America, AFL-CIO, after graduating from UC Hastings College of the Law (now UC Law San Francisco) in 1981. He joined the firm in 1990. Throughout his career, he has contributed to the employment law community by editing two ABA treatises, speaking at legal education conferences, and serving on the governing boards of the ABA Labor and Employment Law Section and the College of Labor and Employment Lawyers (Past President). When he is not lawyering, he can be found long distance hiking, travelling, and playing with his 6 young grandchildren in Omaha and New York City.
Education
- University of California, Hastings College of Law, J.D., 1981 (Order of the Coif)
- University of Iowa, M.A., 1976
- Rutgers College, B.A., 1974
Bar and Court Admissions
California, 1981
U.S. District Courts: Northern, Eastern, Central, & Southern Districts of CA
U.S. Court of Appeals: Second, Third, Seventh, Ninth, and Tenth Circuits
Awards
Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers (2023-2025)
Lawdragon 500 Leading Plaintiff Employment Lawyers (2018-2019)
Martindale-Hubbell 2013 Top Rated Lawyer in Labor & Employment
Listed as “The Top 100” Northern California Super Lawyers (2012)
Listed in The Best Lawyers in America (Wood/Whyte)
Selected as “SuperLawyer” in the Northern California Super Lawyers Magazine
National Lawyers Guild (NLG) San Francisco Chapter’s “Champion of Justice” award (2008)
Professional Associations and Memberships
- College of Labor and Employment Lawyers, Fellow (2004–present); President 2020
- American Bar Association (ABA) Labor and Employment Section: Council Member (2016-2020); Co-chair, Committee on Federal Labor Standards Legislation (2003–2007); Co-chair, Fair Labor Standards Act Sub-Committee (2000–2004); National Programs Subcommittee, Co-chair (2007–2008); CLE/Institutes and meetings Co-chair (2009-2010).
- State Bar of California: Labor and Employment Section
- National Employment Lawyers Association (NELA) – Former Wage and Hour Committee Co-Chair
- National Lawyers Guild (NLG) 1978–Present
Prior Employment
- Counsel for Communications Workers of America, AFL-CIO (1981–1990)
Representative Cases
Bradley v. Vox Media, Inc., 2019 WL 1060804, D.D.C., March 6, 2019 (joined as co-lead counsel and resolved class/collective action settlement for “independent contractor” sports journalists). Final approval granted, January 7, 2021.
Abarca v. Werner Enterprises, 2018 WL 1392 909 D. Ne., March 20, 2018 (appointed Class Counsel to certified class of truck drivers for wage and hour claims).
Ayala v. U.S. Xpress, 2017 WL 3328087, C.D. Cal., July 27, 2017 (appointed Class Counsel to certified class of truck drivers for wage and hour claims). There has been extensive motion practice and trial has been delayed due to COVID-19.
Ernst v. City of Chicago, 837 F.3d 788 (7th Cir. 2016) (ordering new trial for intentional discrimination claims and granting judgment on disparate impact claims based on faulty pre-hire test); Remedies trial counsel (August 2017), resolved in 2019 with make whole instatement and monetary relief for five clients.
Godfrey v. City of Chicago, 973 F. Supp. 2d 883 (N.D. Ill.) (class action settlement for African American women challenging Fire Department’s physical abilities test; final approval granted March 26, 2015).
Vasich v. City of Chicago, 2013 WL 6730106 (N.D. Ill.) (class action settlement for female applicants denied Fire Firefighter jobs due to physical abilities test; final approval granted on December 20, 2013).
Roussell v. Brinker Int’l., 2011 WL 4067171 (5th Cir. Sept. 14, 2011) (affirming $1.8 million trial verdict for unlawful tip pool)
Dent v. Cox Communications Las Vegas, Inc., 502 F.3d 1141, 2007 WL 2580754, 12 WH Cases 2d 1537 (9th Cir. Sept. 10, 2007) (Lead appellate counsel; obtained reversal of district court dismissal of FLSA overtime claims due to inadequate DOL WH-58 Release form)
Parks v. Eastwood Ins. Svc., Inc., 2007 WL 1430289 (9th Cir. 2007) (affirming attorneys fees award in overtime case)
Garcia v. Oracle, No. RG 07321026 (Alameda Cnty. Super. Ct.) (co-counsel for three sub-classes of IT support employees seeking overtime pay under state law; class certified by Order dated October 15, 2010; final approval of $35 million class action settlement granted on March 8, 2012)
Hallissey v. American Online, Inc., No. 99-CV-0378 KTD (S.D.N.Y.) (class counsel for settlement class for chatroom coordinators for back wages while misclassified as volunteers; final approval of $15 million settlement granted May 20, 2010)
Rosenberg v. IBM, No. 06-00430 PJH (N.D. Cal.) (Co-Counsel for putative nationwide FLSA and multi-state class of technical services workers), filed January 24, 2006; final approval of nationwide $65 million settlement granted July 11, 2007)
Lin v. Siebel Systems, Inc., No. CIV 435601 (Superior Court, San Mateo County) (Counsel with Dickson-Ross LLP for software engineers; final approval granted on April 27, 2007, for $27.5 million class settlement of overtime claims)
Bullock v. Automobile Club of Southern California, No. SACV01-731GLT, 2002 WL 432003 (C.D. Cal.) (Lead counsel in FLSA collective action certified for over 500 opt-in Sales Agent plaintiffs and settled in conjunction with Rule 23 class for a total of 1,300 claims in the amount of $19.5 million; final approval granted December 6, 2004)
DeSoto v. Sears Roebuck & Co., No. RG 03096692 (Super. Ct., Alameda Cnty.) (Co-lead counsel for statewide class of 2,700 home repair technicians certified on September 21, 2004); class and collective action nationwide settlement ($15 million) approved over objections in Lenahan v. Sears, Roebuck and Co., 266 Fed. Appx. 114 (3d Cir. 2008)
Harrison v. Enterprise Rent-A-Car, 1998 WL 422169 (M.D. Fla. 1998) (Lead counsel in nationwide collective action under Fair Labor Standards Act)
Representative Publications
American Bar Association – Section of Labor & Employment Law, Newsletter (Winter 2018, Vol. 46, No. 2): “The Newest Hollywood Blockbuster: Inclusion Riders.”
Fair Labor Standards Act, Third Ed. 2015, Bloomberg BNA, Editor.
American Bar Association – Section of Labor & Employment Law, David Borgen reviews “Just Mercy” by author Bryan Stevenson (Spring 2015, Vol. 43, No. 2)
David Borgen Discusses Supreme Court’s Christopher v. GlaxoSmithKline Ruling, Bloomberg/BNA, FLSA Litigation Tracker (Oct. 1, 2012)
Clash of the Titans: Iqbal and Wage/Hour Class/Collective Actions (with Lin Chan), BNA, Daily Labor Report, 80 DLR L-1 (Apr. 28, 2010)
Fair Labor Standards Act (5065-v108), DVD training program for Federal Judicial Law Clerks, The Federal Judicial Center, Washington, D.C. (Oct. 2008)
Wage and Hour Laws: A State by State Survey (2011) and subsequent supplements, BNA treatise, Senior Editor
Advanced Issues in FLSA Collective Actions: Joint Employment, Employee Rights and Employment Policy Journal (Chicago-Kent College of Law), Vol. 10, No. 2 (2006)
Representative Speaking Engagements
National Employment Lawyers Association (NELA), “Key Cases & Shifting Grounds in FLSA” (Speaker), Denver, CO (April 12, 2019)
American Bar Association (ABA) Labor and Employment Law Section Annual Conference, “Mediation Strategies: Advanced Techniques and Cutting Edge Case Developments in Wage Hour Litigation and Settlements” (Panelist), San Francisco, CA (November 8, 2018)
National Employment Lawyers Association (NELA), “Hot Topics in Wage & Hour Law,” (Speaker/Panelist), at 2016 Annual Convention, Los Angeles, CA (June 24, 2016)
National Employment Lawyers Association (NELA), “ A Conversation With the Solicitor of Labor” (Moderator for discussion with USDOL SOL Patricia M. Smith), at Protecting Pay: Representing Workers With Wage & Hour Claims MCLE Seminar, Washington, DC (April 24, 2015).
American Bar Association (ABA) Labor and Employment Law Section, Federal Labor Standards Legislation Committee Mid-Winter Meeting, “Litigating Attorneys’ Fees in Fee Shifting Cases,” Puerto Vallarta, MX (February 27, 2015)
Colorado Bar Association, National CLE Conference, “Wage and Hour Law: 2014 Developments,” Vail, CO (January 8, 2015)
State Bar of California Fourth Annual Advanced Wage & Hour Conference, Panelist, “Wage & Hour Update: The Year in Review,” Los Angeles, CA (July 30, 2014)
Settlement Preparations, Strategies & Management, Bridgeport Continuing Education, 11th Annual Wage & Hour Litigation & Management Conference, Los Angeles, CA (Dec. 14, 2012)
Compliance Issues, American Bar Association (ABA) Labor and Employment Law Section 6th Annual Conference, Atlanta, GA (Nov. 2, 2012)
Plaintiffs’ Bar Session, Panelist, American Conference Institute’s 16th National Forum on Wage/Hour Claims and Class Actions, San Francisco, CA (Sept. 28, 2012)
Wage and Hour Update, State Bar of California, Labor & Employment law Section, 2nd Annual Advanced Wage and Hour Conference, Los Angeles, CA (July 25, 2012)
Cutting Edge Issues in Winning Section 216(b) Collective Actions, National Employment Lawyers Association (NELA) Annual Convention, San Diego, CA (June 22, 2012)