Overview
David W. Moreshead focuses his practice on employment litigation, internal investigations and counseling. He has represented clients in trial courts throughout California, the California Court of Appeal, California Supreme Court and U.S. Court of Appeals for the Ninth Circuit.
David has litigated numerous class and representative wage and hour matters as well as a wide variety of single plaintiff wrongful termination, discrimination, retaliation and harassment claims. He has defended employers in numerous industries, including the emerging technology, retail, construction, financial services, hospitality and manufacturing sectors.
In addition to his litigation work, David frequently conducts internal investigations and counsels clients on all aspects of employment law, including compliance with applicable wage and hour and other employment-related laws, handling and implementing corrective action and terminations and drafting employment agreements.
Within the firm, David is the co-chair of the firm’s LGBTQ+ Attorneys Affinity Group. Along with a small group of attorneys, he spearheaded the firm’s gender inclusive pronouns initiative that encourages attorneys and professional colleagues to add self-identified pronouns – such as “she/her/hers” – whenever they provide identifying information. He is also heavily involved in the firm’s inclusion, recruiting and development and retention efforts.
Experience
Employment Litigation and Investigations
A nationwide bank in:
- defeating claims by former employees for breach of contract of its compensation plans following a multi-day arbitration hearing before FINRA.
- dismissing a national FLSA collective action alleging the bank required its client associates to work off-the-clock overtime.
- defeating class certification in a wage-and-hour matter involving alleged unpaid overtime and missed meal and rest breaks.
99 Cents Only in obtaining reversal on appeal of a trial court ruling that the company had waived its right to compel individual arbitration of wage and hour claims.
Applied Materials, Inc. in an appeal affirming the trial court’s denial of former executives’ motions to compel arbitration in a case involving the alleged misappropriation of a number of Applied’s trade secrets and proprietary material.
A national manufacturing company in the favorable resolution of a wage and hour class action.
A large automotive retailer in the favorable settlement of a putative wage/hour class action and PAGA representative action brought by a former store associate.
A large retailer defending against claims it violated state law by failing to provide seats to cashiers.
A state university in an internal investigation regarding allegations of sexual misconduct by a former on-campus physician.
More
- The Best Lawyers in America, “Ones to Watch” List, 2026
- MTO Mentor of the Year, for his work with junior attorneys in positioning them to take on early leadership opportunities and important casework, 2023
- Fellow, Leadership Council of Legal Diversity, 2023
- Humanitarian Award, American Civil Liberties Union (ACLU), 2020
David maintains a vibrant pro bono practice. Along with advising small businesses in the arts and entertainment industry regarding employment law issues, he has worked alongside the ACLU to challenge the transfer of criminal detainees into the custody of U.S. Immigration and Customs Enforcement (ICE) during the COVID-19 pandemic.
He also partnered with the ACLU and Asian Law Caucus – Asian Americans Advancing Justice – to challenge ICE’s unlawful practice of using third-party contractors to perform civil immigration arrests.
In addition, David regularly advises non-profit organizations regarding employment law related issues.
Publications
- “Courts Look to the ‘Central Purpose’ of Labor Code Section 226 Rather than Focusing on Technicalities,” Daily Journal, June 30, 2021
- “Professional Negligence Under MICRA: A Goldilocks Dilemma,” Law360, May 26, 2016
- “A New Inclination Towards Arbitration Agreements in California?” Law360, April 20, 2016
- “Appeals Court Seeks to Influence California High Court Decisions,” Law360, Dec. 2, 2015
Speaking Engagements
- Panelist, “Perspectives on the Law Clerk Application Process,” with Honorable John B. Owens, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit and Professor Amy Levin, LMU Loyola Law School, Los Angeles, Sept. 11, 2023
News & Insights
Awards & Recognitions