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Yash B. Dave
Partner / JacksonvilleYash B. Dave is a Partner in the Litigation Practice of Smith Gambrell Russell LLP. He currently serves as Co-Chair of the firm’s Labor & Employment Practice Group.
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Full Bio
Mr. Dave’s practice is primarily devoted to labor and employment litigation. He represents employers in all aspects of labor and employment law, and defends employers with regards to claims of employment discrimination, wage and hour compliance, employment torts and contracts and unfair labor practices. Mr. Dave has represented employers in labor and employment matters before the National Labor Relations Board, Equal Employment Opportunity Commission and in various state and federal courts. Mr. Dave also provides counsel to employers on labor and employment compliance issues including drafting employee handbooks and policy manuals, employment contracts, severance agreements and non-competition agreements.
Mr. Dave received his B.S. degree in Business Management from the University of Alabama at Birmingham in 2006. He earned his J.D. degree, magna cum laude, from Florida Coastal School of Law in 2009, where he was a Staff Editor of the Law Review and named 2009 Editor of the Year. Additionally, Mr. Dave was a Governor’s Scholar, a Dean’s Scholar and recipient of several book awards.
Mr. Dave is board certified in labor and employment law by the Florida Bar. He is a member of the Florida and Jacksonville Bar Associations, served as an Associate in the Chester Bedell Inn of Courts, and recognized as a Florida Super Lawyers Rising Star in 2013 through 2019.
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Representative Experience
Published Decisions:
- Huffman v. Sunbelt Rentals, Inc., 2020-Ohio-5070 (Ohio Ct. App. 2020)
- Bridges v. Empire Scaffold, L.L.C., 875 F. 3d 222 (5th Cir. 2017)
- Conforti v. Sunbelt Rentals, Inc., 201 F.Supp.3d 278 (E.D.N.Y. 2016)
- Wu v. Special Counsel, et al., 54 F. Supp.3d 48 (D.D.C. 2014)
- Sunbelt Rentals, Inc. v. Santiago Victor, 43 F. Supp. 3d 1026 (N.D. Cal, 2014)
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Bar Admissions
Florida
Texas
U.S. Supreme Court
U.S. Court of Appeals Fifth Circuit
U.S. Court of Appeals Seventh Circuit
U.S. Court of Appeals Eleventh Circuit
U.S. Court of Appeals D.C. Circuit
U.S. District Court Middle District of Florida
U.S. District Court Northern District of Florida
U.S. District Court Southern District of Florida
U.S. District Court Northern District of Texas
U.S. District Court Eastern District of Texas
U.S. District Court Central District of Illinois
U.S. District Court Southern District of Texas
U.S. District Court Western District of Texas
U.S. District Court Eastern District of Wisconsin
U.S. District Court Eastern District of Missouri
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Education
Undergraduate- University of Alabama at Birmingham
Law School- Florida Coastal School of Law
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Languages
Gujarati -
Memberships
Florida Bar
State Bar of Texas
GlobalJax -
Recognitions
Florida Super Lawyers - Rising Star (2013 - 2019) -
Publications and Speaking Engagements
Georgia Restaurant Association’s Coastal Chapter Meeting, June 6, 2012, Savannah, GA – Presenter.
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SGR Publications
- EEOC Rescinds Harassment Guidance
- Partner Yash Dave Featured by Law360 Employment Authority: Full 5th Circ. PWFA Review May Tee Up High Court Fight
- ‘Tis the Season: Annual Party Pooper’s Guide to the Holidays
- Florida’s CHOICE Act Provides Employers Unprecedented Protections Under Noncompete and Garden Leave Agreements
- What the Trump Administration’s Focus on Immigration Enforcement Means for Employers
- Third Circuit Finds NLRB Exceeded its Authority in Issuing Order Against Starbucks
- ‘Tis the Season for Celebration and the Annual Party Pooper’s Guide to the Holidays
- Millions of Employees Retain Exempt Status as Federal Court Invalidates DOL’s Salary Threshold Increase for Overtime Exemptions
- NLRB Prohibits Employers’ Use of Captive Audience Meetings in the Fight Against Unionization
- NLRB General Counsel Expounds on the Illegality of Most Non-Compete Provisions and Declares Many “Stay-or-Pay” Provisions Illegal Under the NLRA
- A Win for Employers in the Restaurant Industry: Fifth Circuit Strikes Down DOL Tip Credit Rule
- FTC Rule Banning Non-Competes Ruled Unlawful
- Amendments to California’s Private Attorneys General Act
- The FTC’s New Rule Bans Majority of Non-Compete Agreements
- DOL Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions
- EEOC Issues Final Rule Implementing the Pregnant Workers Fairness Act
- Partner Yash Dave Featured by Law360: Examples Seen As Crucial To Useful EEOC, NLRB Guidance
- Texas District Court Invalidates NLRB’s Joint Employer Rule
- Two New Laws Expand California’s Non-Compete Prohibition and Require Employers to Provide Notice to Current and Former Employees
- The DOL Publishes Final Rule Regarding Independent Contractor Classification Under the FLSA
- ‘Tis the Season: Annual Party Pooper’s Guide to the Holidays
- NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA
- DOL Issues Proposed Rulemaking Regarding Overtime Exemptions
- August Brings a Flurry of Activity from the National Labor Relations Board
- EEOC Proposes Regulations to Implement Pregnant Workers Fairness Act
- NLRB Revises Standard for Evaluating Employer Policies
- U.S. Supreme Court Holds Employers Can Sue for Strike Damages
- NLRB General Counsel Declares Most Non-Compete Provisions Illegal Under the NLRA
- Do Holidays Count Against FMLA Leave? Wage and Hour Division Clarifies Whether Holidays Count Against an Employee’s FMLA Leave Entitlement and Determination of the Amount of Leave Taken
- DOL Updates Minimum Wage Poster to Include PUMP Act Requirements for FLSA-Covered Employers
- Deadlines for Chicago and Illinois Employers
- NLRB Opens the Floodgates for Extraordinary Remedies Available for Egregious or Habitual Violations
- NLRB Ruling Limits Employers’ Ability to Discipline in Response to Abusive Conduct
- Michigan’s Governor Signs Legislation Repealing Right-To-Work Law
- NLRB Issues Guidance in Response to Inquiries Involving Non-Disparagement and Confidentiality Provisions in Severance Agreements
- U.S. Supreme Court Rules Supervisor Earning More Than $200,000 A Year Was Entitled To Overtime Compensation
- Court of Appeals Blocks California’s Ban On Employment Arbitration Agreements
- Employers Must Carefully Draft Severance Agreements After NLRB Deems Non-Disclosure and Non-Disparagement Provisions Violate The National Labor Relations Act
- Looking Ahead to 2024: Illinois to Require Paid Leave for Any Reason
- FTC Proposes a Rule to Ban Non-Competition Clauses in Employment Agreements
- New York City’s Wage Transparency Law Goes Into Effect on November 1, 2022
- Illinois Expands Unpaid Bereavement Leave
- Employer Liability in Interfering with FMLA Rights
- July 1, 2022 Deadline for Chicago Employers to Update Sexual Harassment Policies and Display New Poster
- Meal and Rest Period Premium are “Wages” that Must be Reported on Wage Statements, and Paid Timely
- Non-Union and Union Employers – The National Labor Relations Board’s Impact on Your Business
- Congress Amends Federal Arbitration Act with Respect to Arbitrability of Claims of Sexual Assault and Sexual Harassment
- New York City to Require Bias Audits of Automated Employment Tools
- New York City to Require Employers to List Salary Ranges in Job Postings
- California Reinstitutes Paid COVID Leave
- Supreme Court Blocks OSHA “Vaccine-Or-Test” Rule for U.S. Workers
- Department of Labor Final Rule for Tipped Employees
- U.S. Department of Labor Issues Emergency Rule on COVID-19 Vaccinations and Testing for Medium and Large Employers
- Multistate Labor and Employment Law Compliance with Rise of Remote Workers
- California Senate Bill 331 – “Silenced No More Act”
- Texas Expands Protections Against Sexual Harassment
- North Carolina Amends Wage Notification Obligations for Employers
- California Meal, Rest, and Recovery Period Penalties Include More Than Just Regular Hourly Wage
- President Biden Signs Executive Order to Promote Competition in the American Economy
- California Falls into Line on Workplace COVID-19 Restrictions
- Illinois Passes Sweeping Non-Compete and Non-Solicitation Changes
- Judge Dismisses Texas Lawsuit on Vaccine Mandate
- New York Passes New Workplace Safety Requirements
- Expansion of New Jersey WARN Act Draws Near
- Santa Clara County, California, Issues New COVID Safety Order Requiring that Governmental Entities and Businesses Ascertain the Vaccination Status of Their Personnel
- OSHA Directs Employers to Follow CDC Mask Guidance
- Virginia Passes Overtime Wage Act
- California Expands COVID-19 Supplement Paid Sick Leave
- American Rescue Plan Act of 2021 Expands Voluntary Families First Coronavirus Response Act Leave
- Updates to the Minimum Wage Rate and Tip-Credit Regulations: For The New York Restaurant and Hospitality Industry
- D.C. Passes Ban on Non-Compete Agreements Amendment Act of 2020
- The PRO Act Would Change Labor Laws for Non-Union and Unionized Employers
- DOL Issues Opinion Letter Regarding Staffing Firms and FLSA Exemption for Retail or Service Establishments
- OSHA Releases Updated COVID-19 Guidance
- EEOC Offers New Resources for Employers
- DOL Issues New Policy on FMLA Leave and Notice Requirements and New Rule on Worker Classifications
- Department of Labor Issues Two New Opinion Letters Regarding Travel Time and Overtime Payments
- Employers Grapple with Recent Ban-the-Box Legislation
- Department of Labor Issues New Rule on Tip Regulations
- Wage and Hour Considerations for the Remote Workplace
- Employer Considerations for COVID-19 Vaccinations
- Annual Party Poopers’ Guide to the Holidays: Pandemic Edition
- ICE Extends WFH Remote Form I-9 Verification to December 31, 2020
- New York Court Rules that OSHA’s Primary Jurisdiction Over Worker Health and Safety Blocks Nuisance Claim for COVID Related Matters
- California Voters Approve Enhanced Data Privacy Rights
- The U.S. Department of Labor (“DOL”) Issues Two Opinion Letters
- California Enacts New Pay Data Collections and Reporting Requirements
- California Law Updates
- Treasury Department Issues Guidance on Payroll Tax Deferral
- Equal Employment Opportunity Commission Issues Q&A Guidance on Employment and Opioid Addiction
- United States Department of Labor Introduces New FMLA Forms and Guidance, Seeks Feedback on FMLA Regulations
- Supreme Court Rules Title VII Covers LGBTQ Workers
- California Dramatically Expands Eligibility for Workers’ Compensation Benefits for Employees Diagnosed with COVID-19
- Returning to Work During the COVID-19 Pandemic: Are You Ready?
- EEOC Announces Delay of EEO Data Collections Due to COVID-19
- What Employers Need to Know About Face Coverings
- New Jersey Amends State WARN Act and Family Leave Act
- Staffing Agency Not Liable for Conduct Beyond Its Control
- Expansion of Unemployment Insurance Under the CARES Act
- Department of Labor Issues Guidance on Overtime Payments Under the Fair Labor Standards Act
- Families First Coronavirus Response Act Notice
- Families First Coronavirus Response Act – New Federal Paid Leave and Other Requirements Impacting Employers
- New York Passes Legislation Requiring Paid and Unpaid Sick Leave to Employees Subject to Government-Ordered Quarantine or Isolation Due to COVID-19
- The Coronavirus is Giving Employers a Headache! You Have Questions. We Have Answers.
- Employers’ Guide to the Coronavirus Outbreak
- NLRB Finalizes New Joint Employer Rule
- New Jersey Passes Legislation Requiring Increased Notice and Severance Pay
- Final Rule on Joint Employer Status Under the Fair Labor Standards Act
- Early Gifts for Employers: NLRB Changes Course Regarding “Quickie Elections”, Deducting Dues from Expired Labor Contracts, Discussing Ongoing Investigations, and Restricting Employees From Using Employer’s E-mail System
- U.S. Department of Labor Announces Final Rule to Update the FLSA’s Regular Rate Regulations
- ‘Tis the Season—How to Avoid the Dangers of Office Parties and Gifts (a/k/a the Labor and Employment Department’s Annual Party Poopers’ Alert)
- Pennsylvania Joins the List of States Outlawing the Fluctuating Workweek Pay Method
- The Gift that Keeps on Giving: Gift Cards without Braille may Now Lead to Litigation
- Puerto Rico Enacts Protection for Employees’ Credit History
- 2020 California Employment Laws
- UPDATE: DOL Highly Compensated Employee Exemption
- NLRB Creates New Framework for Employers to Anticipatorily Withdraw Union Recognition
- Employers May Limit Union’s Access to its Premises for Organizing Purposes — Reversing NLRB Precedent
- Overtime Exemption Déjà Vu: DOL Issues Final Rule Regarding Overtime Regulation
- California’s Stringent DYNAMEX “ABC” Independent Contractor Test Soon To Be Law
- Hurricane Dorian’s Impending Landfall Raises Many Employment-Related Concerns
- Illinois’ New Employment Laws Expand the Definition of Employer While Creating New Requirements for All
- New York Enacts Heightened Protections Against Harassment of Workers
- Predictive Scheduling Laws Coming to a City Near You
- California ABC Test
- The DOL’s Opinions Letters Regarding FLSA – Calculating Employee’s Regular Rate of Pay and Rounding Hours Worked
- U.S. Supreme Court Holds Title VII’s Charge-Filing Requirement With the EEOC is Not Jurisdictional
- BREAKING: EEO-1 Pay Data Required by September 30, 2019
- U.S. Department of Labor Proposed Expanding Overtime Eligibility to Over 1 Million Workers
- Deadline to File the 2018 EEO-1 Extended
- DOT Says Motor Carriers Need Not Comply with California Break Laws
- ‘Tis the Season—How to Avoid the Dangers of Office Parties and Gifts (a/k/a the Labor and Employment Department’s Annual Party Poopers’ Alert)
- Department of Labor Ends Its 20% Tip Credit Rule In Long-Awaited Opinion Letter
- Employer Obligations Regarding Election Day Leave
- New Jersey Releases Required Notice of Employee Rights in Connection with New Earned Sick Leave Law
- New York State Publishes Final Guidance in Connection with Anti-Sexual Harassment Law
- Updated FCRA Model Disclosures Required Sept. 21, 2018
- New York State’s Model Policy on Harassment
- The Massachusetts Noncompetition Act Significantly Alters Requirements for Employment Agreements Containing Non-Compete Clauses
- Persuader Rule
- NLRB Addresses Employee Handbook Standards Since Boeing
- New Maryland Law Requires Disclosure of Sexual Harassment in the Workplace
- Summer Internships: Should they be paid or unpaid?
- U.S. Supreme Court Upholds Class Action Waivers in Employment Arbitration Agreements
- New York City Council and New York State Pass Anti-Harassment Legislation
- New California Decision Favors Employees Who Receive Bonus Pay
- New York City’s New Requirements for Workplace Accommodations
- New Rules Impact Companies who use Interns and Apprentices
- Targeted Advertising: Effective or Discriminatory?
- Employment Laws to Watch in the New Year
- NLRB Returns to Past Precedent: Duty to Bargain over Changes and Traditional Community of Interest Standard
- Early Gift for Employers: NLRB Changes Course on Joint Employer Standard and Employee Handbook Analysis
- ‘Tis the Season—How to Avoid the Dangers of Office Parties and Gifts (a.k.a. the Labor and Employment Department’s Annual Party Poopers’ Alert)
- California Expands Sexual Harassment Training and Posting Requirements
- North Carolina Law Seeks to Coordinate Misclassification Investigations to Increase Enforcement
- Good News for Employers with Over 100 Employees
- Florida Law Seeks to Curb Abusive ADA Drive-By Lawsuits
- Preparing for the New EEO-1 Report
- Department of Labor to Revise Overtime Rule
- Department of Labor Reinstates Opinion Letters
- New York City Restricts Inquiries and Use of Job Applicants’ Salary History
- New Georgia Law Permits Employees to Use Sick Leave to Assist Family Members
- New York City Restricts Inquiries and Use of Job Applicants’ Salary History
- President Trump Revokes Fair Pay and Safe Workplaces Executive Order
- District of Columbia Council Approves Paid Family Leave
- New York City Passes Protections for Freelance Workers
- ADA ‘Drive By’ Lawsuits On The Rise
- Despite Federal Injunction, New York State Department of Labor Proposal to Increase Overtime Exempt Salary Thresholds Likely to be Enacted
- Florida Circuit Court Blocks December 1, 2016 Workers’ Compensation Rate Increase
- How to Get Your Company into the Holiday Spirit without Being a Grinch
- Yes, Virginia, There is a Santa Claus!
- EEOC Continues to Encourage Courts To Protect Sexual Orientation Under Title VII
- Cook County Enacts New Paid Sick Leave Ordinance
- Employers’ Obligations Under New York Election Law
- Florida Approves a Double Digit Workers’ Compensation Rate Increase to Take Effect December 1, 2016
- New EEO-1 Form Aims to Collect More Employment Data
- The Clock Ticks Down: New DOL Overtime Rules Set to Take Effect on December 1
- Massachusetts Raises the Bar for Equal Pay
- The NLRB Continues To Focus On Employee Handbooks
- 30 Extra Days to Respond to EEOC’s New Pay Data Rule
- NLRB Rules That Temporary Staffing Agency Workers Now Eligible to Vote in Union Elections
- Tennessee’s New “No Firearms” Notice Requirement
- OFCCP Brings Sex Discrimination Rules into the 21st Century
- EEOC Increases Penalty for Violation of the Notice Posting Requirements of Title VII, the ADA, and GINA
- The U.S. Department of Labor’s New Overtime Regulations Have Arrived
- Congress Passes the Defend Trade Secrets Act of 2016
- Georgia’s New Legislation Seeks To Protect Franchisors Threatened By *Browning-Ferris*
- New FMLA Poster and Employer Guide
- New U.S. Department of Labor Rule Allegedly “Improves Transparency for Workers Considering Union Representation.”
- The U.S. DOL’s White Collar Overtime Rule May Come Sooner Than Expected
- The EEOC is Making Waves with New Electronic Notification System and Two Sexual Orientation Cases
- Proposed Additional Requirements for the Annual EEO-1 Reports
- Employer’s Voice-Recording Ban is Unlawful
- “Joint Employer” to be Defined as Broadly as Possible
- New York City Enacts Expanded Protections for Transgender Individuals and New Protections for Caregivers
- Pinellas County, Florida to Join the Fight Against Wage Theft
- Beware of the Perils of End-of-the-Year Bonuses, the Office Holiday Party, and the Department of Labor’s Gift of New FLSA Regulations.
- OFCCP’s New Pocket Card (Over) Simplifies Reasonable Accommodations
- Federal Court Finds Georgia Garnishment Statute Unconstitutional
- Federal Contractors Must Now Pay Sick Leave
- Settling Wage and Hour Claims in the Second Circuit is Now More Difficult (and Expensive)
- Independent Contractor? Not Likely
- NLRB Reverses Long-Standing Joint-Employer Standard Involving a Staffing Agency
- Illinois Proposes Changes to Pregnancy Accommodation Law
- The Second Circuit Rules on When an Intern is a Paid “Employee” Under the Fair Labor Standards Act
- DOL Proposed Rule to Make Millions of Employees Eligible for Overtime Pay
- The DOL Publishes New FMLA Health Care Provider Certification Forms
- Colorado Approves Firing For Off-the-Clock Medical Marijuana Use
- Employers Beware: New York City “Bans the Box”
- Georgia Amends Law to Allow Employer Use of Payroll Cards
- Courts May Review EEOC Conciliation Efforts—Narrowly
- Rethinking Pregnancy Accommodations
- New York Increases Minimum Wage for Tipped Workers
- Department of Labor to Issue Rule Revising the Definition of “Spouse” Under the Family and Medical Leave Act
- Massachusetts Expands Parental Leave Rights for All Employees
- Proposed Florida Law Could Have Big Impact on Day Laborers’ Compensation
- OFCCP Proposed Rules Could Have Dramatic Effect on Federal Contractors
- New York Eliminates Annual Wage Notice Requirement for Current Employees and Increases Penalties for New Hire Violations
- NLRB Adopts Final Rule to Amend Its Representation-Case Procedures
- NLRB Reverses Precedent, Allows Employees to Use Employer’s E-Mail Systems for Union Organizing (a/k/a Employers Do Not Have Property Rights For Their Computers)
- The U.S. Supreme Court Holds That Workers Do Not Have To Be Paid For Time Spent In Security Screenings
- OFCCP to Issue 2,500 Audit Notification Letters
- General Employment Law Update 2015
- LinkedIn Cases Implicating FCRA and Trade Secrets
- 2015—Minimum Wage to Increase in 18 States Including D.C.
- EEOC Sues Florida and Michigan Employers Over Transgender Discrimination
- ‘Tis the Season—How to Avoid the Dangers of Office Parties and Gifts
- New for 2015: VETS-4212 Report Replaces VETS-100A Report
- Ebola Considerations for U.S. Employers
- Department of Labor to Publish Final Rule Implementing Executive Order on Minimum Wage for Contractors
- States and Localities: Update On Discrimination and Leave Laws
- Weingarten Right Of Union Representation Extended by NLRB to Drug and Alcohol Testing
- ILLINOIS ENACTS LAW ON EMPLOYER USE OF PAY CARDS
- OFCCP PROPOSES RULE REQUIRING FEDERAL CONTRACTORS TO FILE AN EQUAL PAY REPORT
- NLRB’s Office of the General Counsel Issues Advice Memorandum That McDonald’s May Be Considered a Joint Employer
- President Obama Signs LGBT Executive Order
- Employers Beware: Telecommuting May Be a Reasonable Accommodation Under the ADA
- EEOC Issues New Guidance on Pregnancy Discrimination
- NLRB Attempts to Expand its Reach with OSHA Referral Agreement
- Regulatory Agenda Sets Deadline for Proposed Revisions to FLSA Exemptions
- OFCCP Establishes Five-Year Moratorium for TRICARE Providers
- Expanded New York City Paid Sick Leave Law Is Now in Effect
- EEOC Offers New Guidance Regarding Religious Accommodations for Employees
- President Obama to Secretary of Labor: Streamline the FLSA’s White-Collar Overtime Exemption
- Department of Labor Veterans’ Employment and Training Service Issues Proposed Reporting Requirement Revisions
- Executive Order Raises Minimum Wage and Tipped Wage for Federal Contractors
- Employees’ Election Day Rights Debate
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Press
- Smith Gambrell Russell Represents Oxford Industries in $270 Million Acquisition of Johnny Was Apparel Brand
- SGR Attorneys Named to 2019 Florida Super Lawyers and Rising Stars Lists
- Smith, Gambrell & Russell Represents Franchisee SEI/Aaron’s, Inc. in Acquisition by Aaron’s, Inc.
- SGR Attorneys Named to 2017 Florida Super Lawyers and Rising Stars Lists