David S. Warner, Esq.

Partner and Co-Practice Leader, Employment Law Department

David advises, trains and represents employers across the country in all aspects of employment and labor law. For over two decades, he has skillfully guided employers of all sizes in a variety of industries through challenging employment situations and ever-changing employment laws. A highly successful trial and appellate attorney, David’s extensive litigation experience includes single and multi-plaintiff lawsuits, class/collective actions, arbitrations, and government agency proceedings from New York to California. In addition to his numerous successes in trials, agency hearings and arbitrations, he has obtained notable client victories in the enforcement of non-compete and non-solicitation agreements, employees’ duty of loyalty, independent contractor classifications, and employer rights. David is a trusted counselor who takes pride in building long-term client relationships by being responsive, efficient, and pragmatic.

Prior to joining Dorf & Nelson, David spent over 23 years in the New York and San Francisco offices of Littler Mendelson, the nation’s largest employment and labor law firm. Seven years after being recruited from law school, he was elevated to shareholder, a position he held from 2002-2019.

David is admitted to practice in all of the federal and state courts of New York, California, the District of Columbia, as well as the federal court of Connecticut.

He earned his law degree, with honors, from the Maurice A. Deane School of Law at Hofstra University, where he obtained his Bachelor of Arts degree. David graduated law school in the top 5% of his class and was recognized for excellence in employment and labor law.  He was also an editor for the Hofstra Labor and Employment Law Journal and a member of the Labor Law Moot Court Team.

During law school, David gained valuable perspective by working for two union/employee-side law firms and interning for the Honorable Arthur D. Spatt, United States District Court Judge for the Eastern District of New York.

After law school, David was awarded the honor of special trial training in the San Francisco District Attorney’s office, where he tried cases as a prosecutor for several months.   


David is a member of the Lexis Practice Advisor Board for labor and employment law.

David is also a member of the Labor and Employment Law Sections of the New York State Bar Association, the California State Bar, and the American Bar Association.


  • Littler Mendelson on Employment Law Class Actions, Pre-Certification Fact Discovery: E-Discovery Issues in Class Actions, LexisNexis, Co-Author: Philip L. Gordon, 2007
  • “Who Can It Be Now?” New York’s Highest Court Explains Who May Be Liable For Discrimination Based On A Criminal Conviction, Littler Insight, May 6, 2017
  • New York City Commission on Human Rights Issues Guidance on Citywide “Ban-the-Box” Law , Littler Insight, November 9, 2015
  • NYC Commission Issues Guidance on the Citywide Bill Restricting Employers from Using Credit Information in Employment Decisions, Littler Insight, September 22, 2015
  • New York City Council Bans the Box , Littler Insight, June 12, 2015
  • New York City Council Passes the First Citywide Bill Restricting Employers from Using Credit Information in Employment Decisions, Littler Insight, April 21, 2015
  • New York City Imposes Strict Liability for Discrimination by Managers and Supervisors, Littler Insight, May 14, 2010
  • The Expanding New York Human Rights Laws, Littler Insight, August 6, 2009
  • NY Obligates Employers to Post and Disclose Laws Prohibiting Discrimination Based on Criminal Convictions, Littler Insight, December 4, 2008
  • Better Put that in Writing! New York Updates Its Law on Commission Agreements and Other Wage-Related Statutes, Littler Insight, September 28, 2007
  • A “Constructive” Decision: The Employee Choice Doctrine Is Alive and Well in New York, Littler Insight, February 8, 2007
  • Small Employers Beware: The U.S. Supreme Court Has Ruled that Title VII’s Employee-Numerosity Requirement Does Not Determine Jurisdiction, Littler Insight, March 3, 2006
  • Effective January 1, 2000, California Will Significantly Expand the Number of Persons Who Qualify for Protection Under its Disability Discrimination Laws, Littler Insight, November 1, 2000
  • Third-Party Sexual Harassment in the Workplace: An Examination of Client Control, Hofstra Labor Law Journal


  • 2015 Littler Tri-State Employer Conference, New York, NY, November 5, 2015
  • Non-Compete Agreements: Separating Myth From Reality, New York, NY, November 10, 2011
  • Managing Leaves of Absence: Preparing for FMLA Changes and Responding to ADA Amendments and Challenges, October 23, 2008
  • Employment-Related Records in New York, Lorman Education Services, October 17, 2008
  • Employee Handbooks: Everything You Need To Know To Keep You Out Of Trouble, Lorman Education Services, January 11, 2008
  • Employment-Related Records in New York, Lorman Education Services, October 18, 2007
  • Employee Handbooks: Everything You Need To Know To Keep You Out Of Trouble, Lorman Education Services, January 25, 2007
  • Employment-Related Records in New York, Lorman Education Services, May 17, 2006