David B. Chidlaw

David B. Chidlaw is of counsel in the firm's San Diego office where he specializes in labor and employment matters on behalf of management, employers and high net worth individuals.

Areas of Practice

David has broad experience counseling and defending employers on a wide variety of employment issues, including immigration. He has substantial experience representing employers in representative and class actions under Federal and California wage and hour law, including prevailing wage matters. He has defended employers in wrongful termination and employment discrimination litigation, including sexual harassment, race, age, national origin, gender, and disability discrimination. He also represents employers in unfair competition and trade secret litigation.

David has substantial administrative litigation and counseling experience before State and Federal Agencies, including the NLRB, Cal/OSHA, the Division of Labor Standards Enforcement (the Labor Commissioner), the California Apprenticeship Council and Division of Apprenticeship Standards, the U.S. Department of Labor, BCIS, the California Department of Fair Employment & Housing, the OFCCP, and the EEOC.

David has advised both organized and merit shop employers for the length of his career.  He has advised and represented employers in collective bargaining negotiations, organizing drives, decertification efforts and grievance arbitration matters.  He regularly defends employers before the NLRB.  He also provides guidance and training on union avoidance.  David provides daily advice to management clients on a wide variety of labor issues including wage and hour, reductions in force, personnel policies and employee handbooks, affirmative action compliance, employment-based immigration, protection of proprietary information, and discipline and termination matters.

Honors

Best Lawyers in America, Best Lawyers, 2018-2025

San Diego Super Lawyer, 2007, 2008, 2009, 2010

Top San Diego Lawyers, 2013, 2014

Articles

• "New Prevailing-Wage Risks For Calif. Public Works Projects," Law360, January 24, 2014

Labor & Employment Law Blog Posts

• "California Passes New Law Mandating Workplace Violence Prevention Plan for Employers," October 17, 2023

• "OSHA’s New National Emphasis Program Aimed at Preventing Warehouse Injury and Heat Hazards and Its Possible Implications on California," August 17, 2023

• "Inflation Reduction Act: Prevailing Wage and Apprenticeship Requirement FAQs and Key Takeaways from the Initial Guidance from the Treasury and IRS," December 29, 2022

• "Inflation Reduction Act: Wage and Apprenticeship Requirements," November 16, 2022
• "Cal/OSHA Announces Public Hearing on Proposed COVID-19 Permanent Standard," August 19, 2022

• "California Reinstates COVID-19 Supplemental Paid Sick Leave," February 11, 2022
• "California Likely to Soon Implement COVID-19 Supplemental Paid Sick Leave, Retroactive to January 1, 2022," January 31, 2022

• "New Year Means Newly Expanded Enforcement Authority for Cal/OSHA," December 30, 2021
• "OSHA Emergency Temporary Standard Survival Guide," December 22, 2021

• "Cal/OSHA Finally Enacts Revised Emergency Temporary Standards," June 18, 2021
• "Cal/OSHA Approves Revised Emergency Temporary Standards," June 8, 2021
• "Significant Updates to Cal/OSHA’s Emergency Temporary Standards on the Horizon," May 17, 2021
• "Cal/OSHA Adopts New COVID-19 Emergency Standards Requiring Immediate Action by Employers in California," November 23, 2020
• "Enactment of AB 685 Establishes COVID-19 Exposure Notice Requirements for California Employers and Cal/OSHA Enforcement Changes," September 22, 2020
• "What Employers Need to Know About California’s New COVID-19 Supplemental Paid Sick Leave Law," September 18, 2020
• "OSHA Publishes Responses to Frequently Asked Questions on Worker Safety During COVID-19 Pandemic," July 10, 2020
• "OSHA Issues New COVID-19 Guidance Answering Practical Questions on Returning to Work," June 25, 2020
• "Cal/OSHA Issues New COVID-19 General Industry Guidance for All California Employers," May 18, 2020
• "A Solution in Search of a Problem: The California Legislature Imposes Duties for Employers When ICE Audits Your I-9s," December 5, 2017

Construction & Infrastructure Law Blog Posts

• "Turning Back the Clock: DOL Proposes Previous Davis-Bacon Prevailing Wage Definition," April 6, 2022

Healthcare Law Blog Posts

• "How Healthcare Employers Can Prepare for Employee Unionization Efforts," October 28, 2022

Latin American Blog Posts

• "A Surge In Populism: Dangers To Transnational Trade In The Americas And Reasons For Hope," August 18, 2016

Retail Law Blog Posts

• "Face-Covering Considerations for Retailers in a Post-Color Tiered California," June 15, 2021

Books

Speaking Engagements

• Frequent speaker before employer and human resources groups on topics ranging from wage and hour to employment discrimination

Events

Memberships

Member, San Diego County Bar Association

Member, American Subcontractors Association

Member, American Immigration Lawyers Association

Digital Media