DAVID Van PELT
Special Counsel
(310) 712-6184 (310) 712-6184
DAVID Van PELT Special Counsel

David Van Pelt is special counsel in the Labor and Employment practice group at Kelley Drye & Warren’s Los Angeles office.

With more than 20 years’ experience, David represents clients in all manner of labor and employment matters, including counseling with respect to wage and hour issues, employment termination, employee leave, accommodation of disabilities and employee relations. He has also advised clients regarding employment matters related to mergers and acquisitions, and as special counsel for employment matters in corporate bankruptcies. He also drafts employment policies, agreements and handbooks.

Additionally, he represents employers in litigation matters before federal and state courts, arbitrators and other administrative bodies. He handles both single plaintiff and significant wage and hour matters.

Fresh & Easy adv. Lewis (Delaware Bankruptcy Court, 2016)
Obtained denial of motion for certification of PTO class action.

Fresh & Easy adv. Cote (Delaware Bankruptcy Court, 2016)
Motion to compel arbitration granted in wage-hour putative class action case.

Westfield adv. Johnson (AAA Arbitration, 2015)
Obtained summary judgment on all claims in employee misclassification case.

Fresh & Easy adv. Gomez (Riverside Superior Court, 2014)
Obtained dismissal of wage-hour claims against retailer.

WellPoint, Inc. adv. Bayardo (JAMS Arbitration, 2010)
Prevailed in all claims in disability discrimination/failure to accommodate action

Fresh & Easy adv. Weatherspoon (Los Angeles Superior Court, 2010)
California class action challenging company’s overtime pay practices.

SFN adv. McClellan (U.S.D.C., N.D. Cal., 2010)
California class action challenging the exempt status of the company’s branch managers.

Fresh & Easy adv. Stephens (Los Angeles Superior Court, 2009)
California class action challenging company’s overtime pay practices.

WellPoint, Inc. adv. Cole (Los Angeles Superior Court, 2008)
Obtained summary judgment in disability discrimination case; case affirmed on appeal.

Unum Group adv. Martinez (Los Angeles Superior Court, 2008)
California class action challenging company’s overtime pay practices, and provisions of rest and meal periods.

McCormick & Schmick’s Seafood Restaurants, Inc. adv. Schaiy (U.S.D.C., C.D. Cal., 2008)
Hybrid nationwide FLSA collective action and California class action challenging company’s overtime pay practices and provisions of rest and meal periods.

Unum Group adv. Seaman (U.S.D.C., N.D. Cal., 2007)
Nationwide hybrid FLSA collective action and California class action challenging exempt status of the company’s field investigators.

Spherion adv. Montecito (U.S.D.C., C.D. Cal., 2006)
California class action challenging the manner in which the company pays its temporary workforce.

Spherion adv. Elliot, 572 F.Supp.2d 1169 (U.S.D.C., C.D. Cal., 2006)
Hybrid nationwide FLSA collective action and California class action challenging company’s pay practices for temporary workers.

ABF, Inc. adv. Perine (U.S.D.C., C.D. Cal., 2005)
Obtained summary judgment on wage-hour misclassification matter.

UnumProvident Corporation adv. King (Los Angeles Superior Court, 2005)
California class action challenging exempt status of certain classes of the company’s claims representative.

UnumProvident Corporation adv. Dillon (Los Angeles Superior Court, 2004)
Representative action alleging predatory pricing based on failure to pay overtime to certain classes of claims representatives.

About

David Van Pelt is special counsel in the Labor and Employment practice group at Kelley Drye & Warren’s Los Angeles office.

With more than 20 years’ experience, David represents clients in all manner of labor and employment matters, including counseling with respect to wage and hour issues, employment termination, employee leave, accommodation of disabilities and employee relations. He has also advised clients regarding employment matters related to mergers and acquisitions, and as special counsel for employment matters in corporate bankruptcies. He also drafts employment policies, agreements and handbooks.

Additionally, he represents employers in litigation matters before federal and state courts, arbitrators and other administrative bodies. He handles both single plaintiff and significant wage and hour matters.

Experience

Fresh & Easy adv. Lewis (Delaware Bankruptcy Court, 2016)
Obtained denial of motion for certification of PTO class action.

Fresh & Easy adv. Cote (Delaware Bankruptcy Court, 2016)
Motion to compel arbitration granted in wage-hour putative class action case.

Westfield adv. Johnson (AAA Arbitration, 2015)
Obtained summary judgment on all claims in employee misclassification case.

Fresh & Easy adv. Gomez (Riverside Superior Court, 2014)
Obtained dismissal of wage-hour claims against retailer.

WellPoint, Inc. adv. Bayardo (JAMS Arbitration, 2010)
Prevailed in all claims in disability discrimination/failure to accommodate action

Fresh & Easy adv. Weatherspoon (Los Angeles Superior Court, 2010)
California class action challenging company’s overtime pay practices.

SFN adv. McClellan (U.S.D.C., N.D. Cal., 2010)
California class action challenging the exempt status of the company’s branch managers.

Fresh & Easy adv. Stephens (Los Angeles Superior Court, 2009)
California class action challenging company’s overtime pay practices.

WellPoint, Inc. adv. Cole (Los Angeles Superior Court, 2008)
Obtained summary judgment in disability discrimination case; case affirmed on appeal.

Unum Group adv. Martinez (Los Angeles Superior Court, 2008)
California class action challenging company’s overtime pay practices, and provisions of rest and meal periods.

McCormick & Schmick’s Seafood Restaurants, Inc. adv. Schaiy (U.S.D.C., C.D. Cal., 2008)
Hybrid nationwide FLSA collective action and California class action challenging company’s overtime pay practices and provisions of rest and meal periods.

Unum Group adv. Seaman (U.S.D.C., N.D. Cal., 2007)
Nationwide hybrid FLSA collective action and California class action challenging exempt status of the company’s field investigators.

Spherion adv. Montecito (U.S.D.C., C.D. Cal., 2006)
California class action challenging the manner in which the company pays its temporary workforce.

Spherion adv. Elliot, 572 F.Supp.2d 1169 (U.S.D.C., C.D. Cal., 2006)
Hybrid nationwide FLSA collective action and California class action challenging company’s pay practices for temporary workers.

ABF, Inc. adv. Perine (U.S.D.C., C.D. Cal., 2005)
Obtained summary judgment on wage-hour misclassification matter.

UnumProvident Corporation adv. King (Los Angeles Superior Court, 2005)
California class action challenging exempt status of certain classes of the company’s claims representative.

UnumProvident Corporation adv. Dillon (Los Angeles Superior Court, 2004)
Representative action alleging predatory pricing based on failure to pay overtime to certain classes of claims representatives.

Practices