Overview
David Kass is a management-side labor and employment attorney with a particular focus on workplace safety and health. He regularly advises employers on OSHA matters, including guiding clients through inspections and audits, advising on compliance strategies, and developing proactive safety programs and policies. When OSHA citations are issued, David represents employers in contesting and defending against them—from the informal conference stage all the way through litigation. His work in this area spans a range of industries, including manufacturing, warehousing, construction, and logistics.
David also counsels clients on broader workplace safety and risk management issues, helping employers navigate complex regulatory obligations, conduct internal investigations following workplace incidents, and respond to enforcement actions. He works closely with safety professionals, in-house counsel, and management teams to reduce liability exposure and ensure compliance with applicable safety laws.
In addition to his workplace safety practice, David represents employers in all aspects of employment law, with deep experience defending against claims of discrimination, retaliation, and harassment under federal, state, and local laws. He routinely handles matters arising under various anti-discrimination laws such as Title VII, ADA, ADEA, FMLA, and their state and local equivalents in New York and New Jersey.
David represents clients before state and federal courts, the Equal Employment Opportunity Commission (EEOC), the New Jersey Division on Civil Rights (DCR), the New York State Division of Human Rights (NYSDHR), and other administrative agencies. His litigation experience spans all phases of a dispute—from early-stage investigations and strategy development to dispositive motion practice, settlement negotiations, and trial preparation.
On the preventative side, David provides day-to-day employment counseling to HR professionals and in-house counsel on issues such as employee discipline, accommodation requests, leave management, handbook and policy development, and reductions in force. He also conducts workplace investigations into complaints involving harassment, discrimination, and other forms of alleged misconduct.
Prior to joining Fisher Phillips, David practiced labor and employment law at a full-service New Jersey firm where he advised and defended private employers across a broad range of workplace legal issues.