The Wagner Law Group | Est. 1996

Sophisticated Legal Solutions Boutique-Style Service

Biography

David G. Gabor, who leads the firm's Labor, Employment & HR practice, represents clients in the areas of litigation, negotiation of contracts, handling compliance issues, the creation of corporate infrastructure, the drafting of policies, training of employees and leading companies towards organizational excellence. He is a skilled business and employment attorney, litigator, negotiator, and mediator.

David focuses his practice on human resources consulting, which includes drafting policies, training employees, and representing employers during audits. He handles litigation in federal and state courts and at arbitrations in issues arising out of the employer-employee relationship. He also maintains an appellate practice.

In addition, he has worked with federal, local, and state governments as well as administrative agencies on labor and wage issues, employee classifications, and bidding processes involved with Requests for Proposals and Requests for Expressions of Interest.

David regularly advises companies and their human resource departments on issues that include harassment, employee management, discrimination, and workplace violence.

Prior to joining the Wagner Law Group, David was a partner at a leading law firm on Long Island.

Publications & Media

  • Unpacking the New Independent Contractor Final Rule and Employee Classification: Steps Employers Can Take – Presenter, The Wagner Law Group webinar, May 2, 2024, 1:00 – 1:30 PM (EDT) – Click here for details
  • California’s Expanded Non-Compete Ban Has National ReachRethinking65, February 21, 2024 (PDF)
  • California Further Tightens Restrictions on Non-Compete ClausesPLANADVISER, February 9, 2024 (PDF)
  • Developments at the EEOC: What This Means for You – Presenter, The Wagner Law Group free webinar, November 1, 2023, 1:00 – 1:45 PM (EDT) – Click here for details and registration
  • Legally Navigating Workplace Disability and Religious Accommodations – Panelist, The Wagner Law Group webinar, May 31, 2023, 1:00 – 1:45 PM (EDT) – Click here for details
  • Quiet Quitting and Quiet Firing: Is It Happening at Your Company? – Panelist, The Wagner Law Group webinar, February 22, 2023, 1:00 – 1:45 PM (EST) – Click here for recording
  • Dealing with Difficult Employees – Panelist, The Wagner Law Group Free Webinar, December 14, 2022, 1:00 PM (EST). – Click here for recording
  • Navigating the Interplay Between Leave Laws: A Focus on the FMLA and ADA – Panelist, The Wagner Law Group Webinar, July 19, 2022, 1:00 PM (EDT) – Click here for recording
  • Mandated Benefits: 2022 Compliance Guide Mid-Year Update – Co-author, Wolters Kluwer, July 2022
  • Rhode Island Employment Law 2022: Key Leave Issues, Common Discrimination Claims, Independent Contractors, and More – Panelist, National Business Institute (NBI) live online seminar, May 26, 2022 – Click here for details
  • Avoiding Bias in a Workplace Investigation – Panelist, Lorman live CLE webinar, April 11, 2022 – Click here for details
  • Top HR & Employment Law Issues for the Coming Year – Panelist, The Wagner Law Group Webinar, January 26, 2022 – Click here for recording
  • Insurers Wait on Court Cases as Layoffs of Unvaccinated Workers RiseLife Annuity Specialist, January 10, 2022
  • How to Legally Handle Bad Egg Employees – Panelist, National Business Institute live, online, HR-credit seminar, December 22, 2021, 11:00 AM – 6:00 PM (EDT)
  • Merging Global and Local U.S. HR Functions and Outsourcing Initiatives – Lorman HR-credit webinar, October 13, 2021, 1:00 – 2:00 PM (EDT) – Click here for details and registration
  • Creating Effective Diversity, Equity, and Inclusion Initiatives – Panelist, ClearLaw Institute CLE and HR credit webinar, September 8, 2021, 1:00 – 2:15 PM (EDT) – Click here for details and registration
  • Mandated Benefits 2021 Compliance Guide – Co-author, Wolters Kluwer, April 2021
  • How to Ensure Pay Equity for People of Color – SHRM HR Magazine, Spring 2021, March 11, 2021 (PDF)
  • Staying One Step Ahead: Advice for Employers in Addressing Anticipated Biden Administration Actions in the Employment Arena – Free Webinar sponsored by The Wagner Law Group, January 28, 2021, 1:00 PM (EST) – Recording Available Here – PowerPoint Presentation Available Here
  • Seven Attorneys from The Wagner Law Group Named to 2020 Super Lawyers Lists – November 3, 2020
  • Hiring and Promotions: Tips To Help Employers Avoid Legal Minefields – The Wagner Law Group free webinar, October 26, 2020, 1:00 PM (EDT) – Recording Available Here – PowerPoint Presentation Available Here
  • Creating Effective Diversity & Inclusion Initiatives – Co-Presenter with Katherie Brustowicz, Clear Law Institute webinarr, August 24, 2020
  • How Employers Can Create Effective Diversity and Inclusion Initiatives – Katherine Brustowicz and David Gabor, The Wagner Law Group Free Webinar. July 2, 2020, 1:00 PM (EDT) – Recording available here – PowerPoint presentation available here
  • Roundtable Discussion on Effective Work-Related Communication – David Gabor, panelist, The Wagner Law Group fee webinar, June 17, 2020, 2:00 PM (EDT) – Recording available here – PowerPoint presentation available here
  • Return-To-Work: Creating a Viable Playbook – Co-panelist with Katherine Brustowicz, The Wagner Law Group free webinar, May, 14, 2020, 2:30 PM (ET) – Recording available here – PowerPoint presentation available here
  • Reducing Legal Risk: Protecting Against Claims Stemming from COVID-19 – Co-panelist with Katherine Brustowicz, April 28, 2020, 1:00 PM (ET) – Recording available here – PowerPoint presentation available here
  • Tips for Managing Telecommuters –The Wagner Law Group free webinar, April 17, 2020, 1:00 PM (ET)– Recording available here – PowerPoint presentation available here
  • Don’t be a Stranger: Communicating During COVID-19 – Panelist, The Wagner Law Group FREE Webinar, April 14, 2020, 1:00 PM (ET) – Click here to register
  • Equal Pay Day 2020: Steps Employers Should Take to Address Pay Inequity While Mitigating Risk – The Wagner Law Group FREE Webinar, March 31, 2020, 1:00 – 1:30 PM (ET) – Register here
  • Merger, Divestiture and Acquisitions and Employee Benefits – co-panelist with Izzy Goldowitz, Mark Poerio and Roberta Watson, free live webinar with Institutional Investment Consulting Inc., March 24, 2020, 2:00 PM (ET) –
  • 10 Steps Employers Should Follow When Faced With Requests for Leave or Accommodation – David Gabor, FREE Live Webinar, February 19, 2020, 1:00 -1:30 PM (ET) – Recording available here  PowerPoint presentation available here
  • #METOO in Medicine – American Medical Association, January 20, 2020
  • Mandated Benefits 2020 Compliance Guide – Co-authors Katherine Brustowicz, Dannae Delano, Barry Salkin, Marcia Wagner and Roberta Casper Watson, Wolters Kluwer, December 2019
  • Alternative Dispute Resolution: The 2019 Update – Webinar for Lorman Educational Services, November 18, 2019, 1:00 – 2:30 PM (ET) – More details here *50% discount on registration with this link
  • Discussion of the Interplay Between Massachusetts Paid Family and Medical Leave and Other State and Federal Leave Laws – Webinar for 360 Corporate Benefit Advisors, October 30, 2019, 10:00 AM (ET)
  • New EEO-1 Law Updates: What You Need to Know – Webinar for Lorman Education Services, July 25, 2019 – More Details Here *50% discount on registration with this link*
  • Investigating Complaints That Are Entangled With Performance Issues – Webinar for Lorman, June 12, 2019 – More Details Here *50% discount on registration with this link*
  • Being Smart About M&A-Related Benefit Plan and Employment Issues – Co-panelist with Izzy Goldowitz, Mark Poerio and Roberta Watson, The Wagner Law Group FREE webinar, June 11, 2019, 1:00 – 2:00 PM (ET) – Recording available here – PowerPoint slides available here
  • Massachusetts Paid Family & Medial Leave Seminar – Speaker at 360 Corporate Benefit Advisors live seminar, June 6, 2019, 8:30 – 10:00 AM (ET), Westin Waltham, Waltham MA – More details and registration here
  • Securing and Retaining Great Talent: How Viewing the Talent Market as a B2C Marketplace Benefits Employers – Co-panelist, The Wagner Law Group FREE webinar, May 22, 2019, 2:00 – 3:00 PM (ET). – More Details Here
  • SJC Rules That Workers at Whately Farm Entitled to Overtime Pay – Daily Hampshire Gazette, March 15, 2019
  • New EEO-1 Law Updates: What You Need to Know – Webinar for Lorman, February 27, 2019 – More Details Here *50% discount on registration with this link*
  • Management Training: Prepare Managers in Order to Avoid Costly Mistakes – Webinar for Clear Law Institute, December 18, 2018.
  • Holiday Parties: Celebrate Safely! – FREE Wagner Law Group Employment Law Webinar, December 6, 2018. – Recording available here and PowerPoint slides available here
  • New EEOC Strategic Plan: What it Means for Employers – Webinar, hosted by Clear Law Institute, November 19, 2018, from 3:00 to 4:30 PM (ET)
  • Sexual Harassment: Protect Your Company and Your Employees – Speaker at the American Staffing Association’s Staffing World 2018 conference, October 16 – 18, 2018, Gaylord National Resort & Convention Center, Oxon Hill, MD
    – More details here
  • Workplace Sexual Harassment: New York Sets The Standard That Others Should Follow – Speaker, free live seminar with Lauren Brenner of Amplified Insurance Partners: October 3, 2018, 8:30 – 10:00 AM at Amplified Insurance Partners, Westwood, MA and October 4, 2018 at The Wagner Law Group, Boston, MA, 8:30 – 10:00 AM
  • Identifying, Securing, Developing, and Managing Great Talent – Webinar co-panelist, September 5, 2018
    – Watch the presentation here
  • Tightening-up Executive Compensation: Five Steps for Defusing Litigation Risks and Better Enforcing Restrictive Covenants – David Gabor and Mark Poerio, Webinar, August 28, 2018, 12:00 PM – 1:00 PM – Recording available here
  • EEOC Strategic Plan: What it Means for Employers webinar for Clear Law Institute – Webinar for Clear Law Institute, August 8, 2018
  • Medicine must address #MeToo moment—and beyond –AMA Wire, June 11, 2018
  • Creating a Culture of Excellence in Light of the #MeToo Movement – Speaker at the American Society of Medical Association Counsel (ASMAC), June 11, 2018, Hyatt Regency Chicago
  • How to Best Manage Sexual Harassment in Medicine? – MedPage Today, June 10, 2018
  • #MeToo: Sexual Harassment and Discrimination in Medicine – Co-panelist at the American Medical Association 2018 Annual Meeting, June 7-13, 2018, Hyatt Regency, Chicago, IL
  • Workplace Harassment – Speaker, Seat at the Table, May 31, 2018, Newton, MA
  • What You Should Know: Workplace Legal Trends to Assess -Co-panelist, American Bar Association webinar, May 23, 2018, 1:00 – 2:30 PM (ET)
  • Sexual HarassmentWhy This Remains a Significant Problem – Webinar for GRC Educators, May 21, 2018, 1:00 PM (ET)
  • Sexual Harassment in the Workplace – David Gabor, co-speaker, 360 Corporate Benefits Advisor seminar, April 12, 2018, 9:00 – 11:00 AM (ET), Hilton Garden Inn, Glastonbury, M
  • ANew EEOC Strategic Plan: What it Means for Employers – Webinar for ClearLaw Online Continuing Education, April 4, 2018, 1:00 – 2:30 PM
  • 10 ways to protect against sexual harassment in the workplace – Property Casualty 360, March 20, 2018
  • 10 Ways to Protect Against Sexual Harassment in the Workplace – Think Advisor, March 15, 2018
  • Sexual Harassment: What You Need to Know to Protect Your Company and Your Employees – Webinar, March 14, 2018
    – Watch David’s Presentation here
    – View/Download David’s PowerPoint presentation here
  • A Window into the DOL Wage and Hour Division: Opinion Letters Shed Light – January 17, 2017
  • Sexual Harassment Training: The Importance of Emphasizing Perception and Open Communication – David Gabor, January 3, 2018
  • David Gabor interviewed on Radio Entrepreneurs, December 2017
  • Understanding Developments in Employment Law, be ‘Best in Class’ EEOC Focus, EEO-1 Report Changes and Key Court Decisions – David Gabor seminar for Compliance Online, December 7 – 8, 2017, Courtyard by Marriott Boston Cambridge
    – More details here
  • The latest developments in Massachusetts & Federal Employment Law – David Gabor, Melissa McNamee and Virginia Peabody, seminar with 360 Corporate Benefits Advisors, December 6, 2017, 8:30 – 10:30 AM, Newton Marriott, Newton, MA
    – More details here
  • Is Your Sick Leave Policy up to Snuff (Not Snuffles) for the Flu Season? – David Gabor webinar for Lorman, December 4, 2017, 1:00 – 2:30 PM (ET)
    – More details here
  • The New EEO-1 Report: What Employers Need to Know – David Gabor webinar for Compliance Online, November 21, 2017, 1:00 – 2:30 PM (ET)
    – More details here
  • Ask the Experts: What You Need to Know About Employment Regulations and Employee Benefits Audits – David Gabor, co-speaker at a seminar sponsored and hosted by Sentinel Benefits & Financial Group, Wakefield MA, October 25, 2017, 8:30 AM – 10:30 AM
  • What Employers Should Do about Changes Coming out of Washington – David Gabor webinar for Clear Law Institute, October 24, 2017, 3:00 – 4:30 PM (ET)
  • While many specifics of proposed OFCCP merger into EEOC remain unclear, experts discuss range of issues presented – Wolters Kluwer Employment Law Daily, September 8, 2017
  • What Employers Should Do About Changes Coming out of Washington – David Gabor webinar for Clear Law Institute, Friday, July 7, 2017, 3:00 – 4:30 PM
  • New EEO-1 Form Collecting Pay Data – Webinar for Clear Law Institute, June 28th, 2017, 3:00 PM to 4:30 PM (ET)
  • Employment Law Update in Massachusetts– Webinar for Lorman, May 4, 2017, 1:00 PM – 2:30 PM (ET)
  • What You Need to Know: Legal Trends Affecting the Workplace in 2017- Panelist, Webinar for the American Bar Association, April 20, 2017, 1:00 PM – 2:30 PM (ET)
  • New Employment Law Requirements in Massachusetts – Webinar for Lorman, April 12, 2017, 1:00 PM – 2:30 PM (ET)
  • Significant Employment Law Changes – David Gabor, presenter at seminar sponsored by 360 Corporate Benefit Advisors, February 10, 2017, Hilton Garden Inn, Hartford/South Glastonbury, Glastonbury, CT.
  • New Employment Law Requirements in Massachusetts – presenter at seminar sponsored by 360 Corporate Benefit Advisors, January 26, 2017, 8:30 AM – 10:30 AM (ET), at the Courtyard Boston Marlborough, Marlborough, MA
  • December 2014: Automotive Manufacturer Supplier Quality Assurance Conference
    Presenter: Understanding Collaborative Strategies for Risk Management and Resolution
    Panelist: Methods for Recruiting and Training Skilled Quality Team Players
    Panelist: Mitigating Risk in Managing Multiple Suppliers
    Chairperson Day 2 of the Conference
  • New Employment Law Requirements in Massachusetts – Webinar for Lorman, October 24, 2016, 1:00 PM – 2:30 PM (ET)
  • Complying with the New Massachusetts Sick Leave Laws – Webinar for Lorman, August 9, 2016, at 1:00 PM – 2:30 PM (ET)
  • Office Holiday Parties: A Time For Cheers, Not Tears – Employment Law Webinar, November 19, 2015
    – View David Gabor’s presentation here
  • Your Independent Contractors Are Not Who You Think They Are: Employee Status Matters – Employment Law Webinar, March 5, 2015
  • A Checklist for the Ever Evolving Employer-Employee Relationship – Employment Law Webinar, February 26, 2015
  • Preparing for the Unexpected: How to Handle Concerns that an Employee May Have Been Exposed to Ebola Virus Disease and a Checklist for Contingency Events – Employment Law Webinar, November 7, 2014
  • Disability Law Roundup: 10 Tips for Employers – Employment Law Webinar, October 28, 2014
    – View David Gabor’s webinar here
  • Top Ten Lessons Learned from American Apparel – Employment Law Webinar, July 31, 2014– View David Gabor’s PowerPoint presentation here
  • Wage and Hour – Misconceptions That Lead To Misclassification & Exposure – Employment Law Webinar, November 7, 2013
  • What You Should Know About the Impact of Technology on the Employer-Employee Relationship – Employment Law Webinar, September 26, 2013
    – View David Gabor’s webinar here
  • Compliance Audits: Be Ready Before They Come Knocking at Your Door – Employment Law Webinar, June 13, 2013
  • Alternative Dispute Resolution Clauses – They Can Really Help! – Employment Law Webinar, May 2, 2013
  • Alert: How the EEOC’s Strategic Enforcement Plan Impacts Your Company – Employment Law Webinar, February 28, 2013
    -View David Gabor’s Webinar here
  • The Anatomy of an Employment Law Case – What You Need to Know to Avoid a Law Suit – Employment Law Webinar, January 17, 2013
  • Preparing for the Unexpected: 10 Things Managers Need to Know – Employment Law Webinar, December 5, 2012
    -View David Gabor’s Webinar here
  • Best Practices for the Performance Evaluation Process – Employment Law Webinar, November 19, 2012
  • Safe Practices in Hiring – Employment Law Webinar, September 13, 2012
  • How Changes in Leave Laws Impact Employers – Employment Law Webinar, July 26, 2012
    -View David Gabor’s Webinar here
    -View David Gabor’s PowerPoint presentation here
  • Legal and ERISA update, CPA South Shore Breakfast Forum, May 31, 2012
  • “What Does it Mean for HR to be a Profit Center,” NEHRA Spring Conference, May 18, 2012
  • Practical Employment Law Tips for Employers – Employment Law Update Webinar, May 16, 2012
  • Employment Law Update, Lorman Conference, April 25, 2012
  • Guest Speaker, New York School Negotiations Training Session, September 24, 2011

PRESENTATIONS

  • Mini Law School for Massachusetts HR Professionals–  – Panelist, National Business Institute live, online, HR-credit and CPE-credit seminar, November 1, 2021, 9:00 AM – 4:30 PM (EDT) – Click here for details and registration

Education

  • Touro College Jacob D. Fuchsberg Law Center, Huntington, New York
    • J.D. - 05/1986
  • University of Michigan
    • B.A. - 1982
    • Major: Political Science

Bar Admissions

  • New York, 1987
  • Massachusetts
  • U.S. District Court Eastern District of New York
  • U.S. District Court Southern District of New York
  • U.S. District Court Northern District of New York
  • U.S. District Court District of Massachusetts
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Court of Appeals 1st Circuit

Professional Associations

  • Boston Inn of Court
  • Massachusetts Bar Association, Member
  • Boston Bar Association, Member
  • Labor & Employment Law Committee, Member, 1996 to Present
  • International Association for Contract and Commercial Management, Member, 2008 to Present
  • Litigation Counsel of America, Advisory Board, Fellow
  • Massachusetts Educational Foundation, Board Member
  • Northeast Human Resources Association, Member
  • Society for Human Resource Management, Member
  • Community Relations & Public Relations Committee, Member, 2007 to Present
  • First Contact Task Force, Chair, 2007 to Present
  • Mentor Program, 2002 to Present
  • Theodore Roosevelt Inns of Court, Member, 2006 to Present
  • Touro College Jacob D. Fuchsberg Law Center, Mentor, 2008 to Present
  • Nominating Committee, Member, 2008 to Present
  • Association Membership Committee, Chair, 2008 to 2010
  • Nassau County Bar Association, Director, 2005 to 2008
  • Legislative Task Force, Member, 2005 to 2006
  • Financial Oversight Committee, Member, 2005 to 2006
  • Diversity Task Force, Member, 2005 to 2006
  • Labor & Employment Law Committee, Chair, 2003 to 2005
  • Mock Trial Judge MBA, 2012
  • Mock Trial Judge ABA, 2011 to 2012
  • "Organizational Excellence" program in Arlington, VA, keynote speaker
  • Chair, Strategic Planning Committee, Town of Essex
  • Member, Finance Committee, Town of Essex
  • Member, Bicentennial Committee, Town of Essex
  • Provisors, Group Leader

Honors

  • Best Lawyers - Litigation - Labor and Employment, and Labor Law – Management - 2024 Edition of The Best Lawyers in America®
  • Platinum Distinguished Faculty- Lorman, 2017
  • New England Super Lawyers List, 2018 – 2020
  • Massachusetts Super Lawyers List, 2017
  • Top Attorneys in New England, American Registry, 2016
  • New England Super Lawyers List, 2016
  • Massachusetts Super Lawyers List, New England Super Lawyers Magazine, 2015
  • Massachusetts Super Lawyers List, New England Super Lawyers Magazine
  • New York Super Lawyer, 2010 & 2011 Metro
  • The Director's Award – Nassau County Bar Association
  • Re-building Together – Recognition as a volunteer and supporter
  • Distinguished Professional Achievement – Labor and Employment Law Committee of the Nassau County Bar Association
  • 2022 Top Lawyers - Boston Magazine

Pro-Bono Activities

  • Board Member, We Care Fund September, 2009 to Present
  • Chair, Nassau County Blood Drives, 2009 to Present
  • United Cerebral Palsy Nassau County, 2008 to Present
  • Rebuilding Together, 2008 to Present
  • Coach, Syosset Basketball League, 2003 to 2005

Past Positions

  • Gabor & Gabor, Partner, 1998 to 2011

Law Alerts

California Restricts Non-Compete Agreements

By David Gabor Over the years, California has taken steps to prevent employers from forcing employees to enter into non-compete agreements that limit an employee’s ability to obtain subsequent employment....