David A. Wimmer

David Wimmer has extensive experience advising management on a wide range of labor and employment issues, including establishing effective human resource policies, maintaining a union-free workplace, and complying with federal, state, and local laws. Mr. Wimmer represents companies throughout the United States in labor-relations matters, such as union-avoidance strategies, election campaigns, collective bargaining, supervisory training, arbitrations, state and federal court litigation, and proceedings before the National Labor Relations Board.

Mr. Wimmer defends employers in single-plaintiff through class-action wrongful termination, retaliation, harassment, discrimination, and wage-and-hour and PAGA matters, and in criminal investigations and prosecutions. He represents companies involved in state and federal court litigation, arbitration, and mediation matters, as well as administrative proceedings before the California Division of Labor Standards Enforcement, California Civil Rights Department (f/k/a Department of Fair Employment and Housing), California Division of Occupational Safety and Health, California Occupational Safety and Health Appeals Board, Federal Occupational Safety and Health Administration and United States Equal Employment Opportunity Commission. Prior to joining the firm, Mr. Wimmer practiced labor and employment law with O’Melveny & Myers LLP in Los Angeles. He is rated A/V by Martindale-Hubbell, its highest rating for attorneys.

Born in Palmerton, Pennsylvania, Mr. Wimmer lives with his wife, Leslie, in West Los Angeles. They have two sons, Sam and Max, and one dog, Zoey.

Professional Activities

• 2006-2024 “The Best Lawyers in America^©” in the specialty of Labor and Employment – Litigation
• 2007-2024 “Southern California Super Lawyer,” Southern California Super Lawyers Magazine
• 2009 “L.A.’s Top 100 Lawyers,” Los Angeles Business Journal
• Member and Former Chair, CUE, Labor Lawyers Advisory Committee
• Secretary, Los Angeles Estate Counselors Forum
• Member, The Defense Research Institute
• Arbitrator, Los Angeles County Bar Association
• Former Member, Board of Directors, American Red Cross of Santa Monica
• Member, Board of Directors of JVS SoCal
• Member, Association of Southern California Defense Counsel
• Member, Board of Trustees, and Former General Counsel to Wilshire Boulevard Temple

DAW Appellate Experience

Jorge Martin v. Board of Trustees of California State University (Cal. Ct. App., Nov. 14, 2023) (affirming summary judgment for employer against claims of gender, race, color, and sexual-orientation discrimination and harassment)

Seymour v. McLane Company, Inc. (9^th Cir. 2013) (affirming summary judgment for employer in putative wage/hour class action) (Note: Attorneys’ fees and costs totaling $2.2 million subsequently awarded to the employer.)

NLRB v. Noel Canning (U.S. 2013) (Amici Curiae brief in support of Noel Canning challenging Presidential power of recess appointments to NLRB in the interest of long-term, labor-policy stability)

Hughes Aircraft Co. v. Jacobsen (U.S. 1998) (Amici Curiae brief in support of Hughes Aircraft Retirees Association and Hughes Employees Association challenging Ninth Circuit decision that pension plan had been terminated)

Morton International, Inc. v. Superior Court (Cal. Ct. App. 1997) (Writ of mandate filed by Los Angeles County District Attorney denied, thereby sustaining dismissal of OSHA-related criminal charges against the employer on Constitutional grounds)

Simon Levi Company v. Dun & Bradstreet Pension Services (55 Cal. App. 4^th 496 (1997)) (reversing dismissal of employer’s claim against plan administrator, finding that ERISA does not pre-empt employer’s claims against plan administrator for breach of contract and professional negligence)