Arizona's Employee Rights Attorneys

David C. Kresin

In 2020, Dave Kresin was named a Member of the Lawyers of Distinction.  In 2014 and 2015, he was recognized as the Employee Rights Attorney of the Year in Arizona by the Corporate INTL Magazine Global Awards. He also was named one of “Arizona’s Finest Lawyers” in 2011. He is a member of the National Employment Lawyers Association, the Arizona Employment Lawyers Association and the American Bar Association Labor & Employment Section.

Dave Kresin represents employees and small businesses in employment litigation matters including discrimination, retaliation, medical leave denial, restrictive covenant enforcement, unpaid compensation disputes, and wage and hour violations. Dave is licensed in the state courts of Arizona, Kansas and Missouri, as well as the U.S. District Courts for Arizona and Kansas, and the Ninth Circuit Court of Appeals. Dave previously served as a law clerk to the Hon. G. Thomas VanBebber in the United States District Court for Kansas.

Dave has substantial experience in federal courts, state courts, private arbitrations, and administrative proceedings. Dave’s trial experience includes: a jury verdict on behalf of an employee for minimum wage and overtime violations and being terminated in retaliation for objecting to the violations; an arbitration award on behalf of an employee who was denied a reasonable accommodation and terminated in violation of the Americans with Disabilities Act; a jury verdict on behalf of a employee terminated in retaliation for reporting violations of Arizona law; an arbitration award on behalf of a employee deprived of his commissions; a jury verdict on behalf of a corporation against a director/former employee who breached his fiduciary duties to the company; a jury verdict on behalf of individual defendants accused of race discrimination and harassment; a jury verdict on behalf of individual plaintiffs on contract and conversion claims; an arbitration award on behalf of two corporate executives on breach of employment contract and statutory wage claims.

Dave has presented on a wide variety of employment law topics and authored several articles relating to federal employment law issues including:

Presenter, “The Fair Wages and Healthy Families Act: Arizona’s Current Minimum Wage and Earned Paid Sick Time Law”, Referrals Royale Network Luncheon, December 2019

Co-Presenter, “Employment Restrictive Covenants including Non-Competes, Non-Solicitation, and Non-Use Agreements: What’s Enforceable and What is Not”, Arizona Employment Lawyers Association Annual Meeting, February 2016

Co-Author, “2013 Update re: Fee Applications (Article 10.8)”, Arizona Employment Law Handbook, October 2013

Presenter, “The OSHA-Administered Whistleblower Laws”, Arizona Employment Lawyers Association Annual Meeting, February 2011

Presenter, “Updates on the FMLA and ADA”, Arizona Employment Lawyers Association Annual Meeting, February 2009

Co-Author, “Federal Regulations Update,” Employment Relations Today, Fall 2004, Spring 2005, Fall 2005, Spring 2006

Presenter, “Untangling the Web of Overlapping FMLA, ADA, PDA, Workers’ Comp, and Antidiscrimination Laws,” Council on Education in Management FMLA Update, October 2005

Areas of Practice

• 60% Employment Litigation
• 30% Labor & Employment Counseling
• 10% Commercial Litigation

Litigation Percentage

• 70% of Practice Devoted to Litigation

Bar Admissions

• Arizona, 1999
• Kansas, 1997
• Missouri, 1999
• U.S. District Court District of Arizona, 1999
• U.S. District Court District of Kansas, 1997
• U.S. Court of Appeals 9th Circuit, 2002

Education

• University of Kansas School of Law, Lawrence, Kansas
  • J.D. – 1997
  • Honors: Order of the Coif
  • Law Review: University of Kansas School of Law Review, Member, 1996 – 1997
• Cornell College of Iowa, Mt. Vernon, Iowa
  • B.A. – 1994
  • Major: History & Political Science

Professional Associations and Memberships

• American Bar Association, Labor & Employment Section, Member, Equal Employment Opportunity Committee, 2003 – Present
• Arizona Employment Lawyers Association, Member, 2006 – Present
• National Employment Lawyers Association, Member, 2013 – Present

Past Employment Positions

• Steptoe & Johnson LLP, Associate, 2002 – 2006
• Gallagher & Kennedy PA, Associate, 1999 – 2002