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David Weldon
OVERVIEW

David G. Weldon

Partner

Chicago

One N. Wacker Drive
Suite 4400
Chicago, IL 60606-2833

P 312-214-4815

F 312-759-5646

Business owners, in-house counsel and human resources professionals turn to David Weldon for pragmatic, strategic advice regarding labor and employment law matters that takes into account legal risk and their ultimate business objectives. David advises and partners with employers of all sizes, assesses and helps to minimize liability, resolves disputes, and finds solutions for day-to-day issues involving employees and unions.

OVERVIEW

Business owners, in-house counsel and human resources professionals turn to David Weldon for pragmatic, strategic advice regarding labor and employment law matters that takes into account legal risk and their ultimate business objectives. David advises and partners with employers of all sizes, assesses and helps to minimize liability, resolves disputes, and finds solutions for day-to-day issues involving employees and unions.

David defends employers in state and federal courts across the country in single-plaintiff and class and collective action litigation involving trade secrets, restrictive covenants, breach of contract, wage and hour violations, discrimination, harassment and retaliation. He also represents employers before federal and state agencies, including the National Labor Relations Board, the Equal Employment Opportunity Commission, the Department of Labor, the Illinois Department of Human Rights, the Illinois Human Rights Commission and the Illinois Department of Labor.

David counsels employers on labor and employment matters to keep their businesses on track and running smoothly, including recruitment and hiring, background checks, performance management, harassment, discrimination, leaves of absence, accommodation requests, wage and hour issues, and discipline and discharge. He prepares and reviews offer letters, employment agreements, restrictive covenant agreements, employee handbooks, personnel policies, and separation agreements. He trains managers and staff on a wide variety of employment topics and related best practices. In corporate acquisitions, he conducts diligence and advises prospective sellers and purchasers regarding labor and employment considerations.

David has significant experience handling traditional labor matters, for both union and non-union employers. He represents employers in grievance arbitration hearings and in proceedings before the National Labor Relations Board. He also advises employers in connection with union organizing campaigns, representation petitions, election proceedings, and other labor relations issues. In the collective bargaining context, he serves as the chief company spokesperson, drafts company proposals, and advises on negotiations strategy.

Professional and Community Involvement

Member, American Bar Association, Labor and Employment Law Committee

Member, Chicago Bar Association, Labor and Employment Law Committee

Director, Labor and Employment Relations Association, Chicago Chapter

Former chair, Labor and Employment Committee, Chicago Bar Association, Young Lawyers Section

Former member, Associate Board for CARPLS, Cook County’s largest provider of free legal services to low- and moderate-income residents

Former volunteer, Constitutional Rights Foundation Chicago’s Lawyers in the Classroom Program

Honors

The Best Lawyers in America, Ones to Watch, 2022

Award for Excellence in Pro Bono Service, U.S. District Court for the Northern District of Illinois and the Federal Bar Association, 2014

EXPERIENCE
EXPERIENCE
  • Ongoing representation of cannabis company in collective bargaining negotiations for first contracts at three retail locations
  • Ongoing representation of university in litigation brought by former professor alleging claims of discrimination, breach of contract, and defamation
  • Represented robotics company and negotiated favorable settlement in contentious separation of executive
  • Defended national fitness club and negotiated favorable settlement of litigation alleging misclassification of manager and seeking significant amount of unpaid overtime wages
  • Advised distributor and fabricator of mechanical insulation and related accessories on union-related aspects of corporate acquisition valued at $1.0 billion
  • Represented and advised logistics company in connection with non-compete litigation threatened by two different companies who previously employed newly-hired employees
  • Represented airline catering company in responding to government subpoena issued in connection with employee claims of COVID-related retaliation
  • Defended telecommunications company and negotiated favorable settlement of litigation involving alleged disability discrimination
  • Assisted in advising healthcare system in responding to more than 1,200 employee requests for exemption from COVID vaccine requirement
  • Represented home improvement retailer and negotiated favorable settlement of claims of race discrimination and retaliation
  • Assisted with representation of nursing home at trial before the National Labor Relations Board involving alleged failure to bargain with the union over certain COVID-related changes
  • Defended and negotiated favorable settlement on behalf of food producer in collective action litigation alleging miscalculation of employees’ regular rate of pay for overtime purposes*
  • Prosecuted and obtained workplace protection restraining order under the Illinois Workplace Violence Prevention Act against an individual who made threats of violence against a major theatre venue and its employees*
  • Defended and negotiated favorable settlement on behalf of nursing and rehabilitation facility in collective action litigation alleging unpaid meal periods and overtime pay*
  • Defeated motion to dismiss in litigation on behalf of global search and consulting firm seeking to claw back bonus payments made to former executive, and subsequently negotiated favorable settlement*
  • Secured dismissal of lawsuit brought by former executive seeking to invalidate restrictive covenant agreement*
  • Prosecuted non-compete and trade secret claims for multinational food producer and obtained injunction prohibiting former employee from working for a competitor, and negotiated favorable settlement following expiration of the injunction*
  • Defended and negotiated favorable settlement on behalf of national assisted living provider in litigation brought by state department of labor alleging retaliation against former employee who reported workplace safety concerns*
  • Secured summary judgment for an insurance sales and technology company in an FMLA retaliation lawsuit*
  • Defended national fitness club and negotiated favorable settlement of retaliation and tort claims brought by former manager who allegedly was sexually assaulted by a co-worker*
  • Defended and negotiated favorable settlement on behalf of in-home care provider in collective action litigation alleging unpaid rest periods and overtime pay*
  • Secured dismissal of disability discrimination and retaliation claims brought against a national fitness club chain, following agency trial before an administrative law judge*
  • Prosecuted and obtained favorable settlement for multinational food producer and supplier in non-compete and trade secrets dispute*
  • Secured summary judgment for a long-term care consulting company in a multi-plaintiff age discrimination lawsuit*
  • Secured summary judgment for a national housewares and furniture retailer in an age and sex discrimination lawsuit*
  • Prosecuted and obtained favorable settlement for national health insurance technology provider in non-compete and trade secrets dispute*
  • Secured dismissal and negotiated favorable settlements of dozens of administrative charges filed with the Equal Employment Opportunity Commission, Illinois Department of Human Rights, and other state agencies across the country*

These matters occurred prior to joining Barnes & Thornburg.

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