David T. Wiley

Photo of David T. Wiley

David T. Wiley is the Knowledge Management (“KM”) Attorney for Jackson Lewis P.C.’s Wage and Hour Practice Group, and is based in the Birmingham, Alabama, office.

Mr. Wiley creates and manages legal and electronic resources and materials to provide innovative client services; serves as a resource for other practice group members; monitors and analyzes regulatory and case law developments; and contributes to the firm’s blogs and legal updates. In his knowledge management role, Mr. Wiley draws on more than two decades of training, advising, and representing employers nationwide in federal and state courts and before administrative agencies on a variety of employment-related issues, including collective and class actions and all manner of discrimination and retaliation claims.

He is a regular speaker at employment law and human resources seminars and conferences, including the Alabama State Bar Labor and Employment Law Section’s annual conference.

Prior to obtaining his MBA and law degrees, Mr. Wiley served six distinguished years as an officer in the United States Navy Supply Corps. While attending law school, Mr. Wiley was the Senior Articles Editor for the Georgia Law Review.

Latest Articles

The U.S. Court of Appeals for the Ninth Circuit has dealt California employers another setback when responding to claims of misclassification of independent contractor status for violations of the Industrial Welfare Commission Wage Order (“IWC Wage Orders”), holding that the State’s recently-adopted “ABC” test must be applied retroactively. Vazquez v. Jan-Pro Franchising Int’l, Inc., 2019 U.S. App. LEXIS 13237 (9th Cir. May 2, 2019).   Almost exactly a year earlier, the California Supreme Court, in Dynamex Operations West,…
California employers were dealt another setback in the responding to claims of misclassification of independent contractor status for violations of the Industrial Welfare Commission Wage Order (“IWC Wage Orders”). Noting California’s “basic legal tradition” that “judicial decisions are given retroactive effect,” the U.S. Court of Appeals for the Ninth Circuit has held that the State’s recently-adopted “ABC” test, used in the employee-versus-independent contractor analysis in cases involving IWC Wage Orders, must be applied retroactively. Vazquez…
The Eleventh Circuit Court of Appeals has agreed to undertake a full-court review to decide the validity of a 2015 Alabama law prohibiting cities or other local municipalities from adopting their own laws concerning minimum wages, leave benefits, collective bargaining and other employment-related issues. The law was enacted in response to an ordinance passed by the Birmingham City Council to increase the minimum wage for all employees within the City’s boundaries, from the current federal…
Answering a question left from a previous appeal in the same case, a divided panel of the U.S. Court of Appeals for the Ninth Circuit has concluded that a settlement agreement provision between a physician and his former employer, the California Emergency Physicians Medical Group (“CEP”), constituted a “restraint of a substantial character” on the physician’s medical practice and therefore violated California’s non-compete provision, Cal. Bus. & Prof. Code § 16600. As a result, the…
In an issue of first impression in the state of New York, last week the New York Supreme Court, Appellate Division (the state’s intermediate appellate court) weighed in on the enforceability of arbitration provisions that preclude employees from pursuing claims on a class, collective or representative basis. The appeals court concluded that such provisions are in violation of the National Labor Relations Act and therefore are unenforceable. Gold v. New York Life Insurance Co., 2017…
In a recent Q&A on the “Ask a Manager” blog, an individual wrote in to say that she had a genetic disorder requiring the use of a cane for walking and ring braces for finger stability. Although she had been public about her condition with friends and family, both in person and through social media, she was concerned that a job interviewer might view her ring braces as a form of costume jewelry…
In a recent blog post, I discussed the fact that under the reasonable accommodation provisions of the ADA, employers generally are not required to provide their employees with a stress-free work environment or one that possesses a “just right” amount of stress, which I referred to as a Goldilocks work environment (Read More). But what if the job, albeit not one universally considered to be particularly dangerous (such as a police officer or…
Just over two decades ago, when the ADA was in its infancy and this blogger was a summer associate heading into his final year of law school, I attended a hearing in federal court where the judge was considering a motion to dismiss the ADA claims of a plaintiff-employee.  The plaintiff was claiming, among other things, that his employer had failed to reasonably accommodate him under the Act.  His contention was that the job for…
In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA and, for all practical purposes in most cases, shifting the focus of disability lawsuits in federal court.  Specifically, prior to the ADAAA’s enactment employers routinely argued that the plaintiff-employee’s ADA claim failed right out of the gate because he or she could not establish the existence of a disability.  The ADAAA changed all of that, as through the amendments Congress made…
As the week begins with new lexicon coming out of our nation’s capital, a recent federal court of appeals ruling reminds us that, in most situations, it’s the employer’s assessment of the facts, not the employee’s “alternative facts,” that matter when deciding the appropriate punishment for employee performance or misconduct issues.  And, perhaps more importantly, the ruling reminds us that the mere fact an employee has a disability, or has requested or taken FMLA leave,…