David A. Tauster

David A. Tauster is a member of Nixon Peabody’s Labor & Employment practice group, representing clients in employment litigation and other aspects of labor and employment law.

What do you focus on?

My practice focuses on three main areas.

Labor Relations

I advise employers in all matters relating to union organization and representation of their workforce. I previously served as the Deputy Director of Nassau County’s Office of Labor Relations, and presently represent both small and large employers in connection with collective bargaining, grievance arbitrations and proceedings before the National Labor Relations Board.

Employment Litigation

I have significant experience representing employers in all types of employment litigation, whether in state or federal court or before various administrative agencies. I routinely appear on behalf of employers in wage and hour matters, including claims under the Fair Labor Standards Act and New York Labor Law, and in connection with audits by both the New York State and United States Departments of Labor. I also represent employers in matters involving claims under statutes governing workplace discrimination, harassment and retaliation, including Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Family and Medical Leave Act, the New York State Human Rights Law and the New York City Human Rights Law.

Advice and Counsel

I routinely advise employers regarding compliance with various federal, state and local employment laws. This includes drafting employee handbooks, workplace policies and employment agreements. I also provide day-to-day advice to employers in addressing matters such as employment terminations and requests for leaves of absence.

What do you see on the horizon?

The proliferation of state and local regulations in the labor and employment arena will continue to pose challenges to employers. In particular, employers are facing increasing changes in wage and hour laws at the local level, with some municipalities adopting higher minimum wages and other requirements while the rest of their state may lag behind. The practical result is that employers who do business even in multiple jurisdictions within the same state may be forced to contend with different and sometimes seemingly contradictory regulations in managing their workforce.


  • “Workforce Resources,” Compel CEOs Covid-19 Webinar, March 31, 2020

Key points to consider as employers start bringing back employees to the workplace

Newsday | March 25, 2021

Long Island Labor & Employment counsel David Tauster is quoted in this story on business reopening in the region for his outlook on accommodation considerations and preparation time for employers.

On the Move

Newsday | February 25, 2021

Long Island Labor & Employment counsel David Tauster is included in this column of notable Long Island executive news for his promotion to counsel.

Lawyers on the Move

New York Law Journal | February 25, 2021

Long Island partner Tara Daub is included in this column of notable legal moves in New York for her appointment to Labor & Employment practice group leader. Long Island Labor & Employment counsel David Tauster; New York City counsels Julia Casteleiro and Abby Patterson, and Long Island counsel Mike Webb, all in the Affordable Housing & Real Estate group; and Buffalo Complex Commercial Disputes counsel Erik Goergen are also included for their promotions to counsel.

Wake Up Call

Bloomberg Law | February 17, 2021

This roundup of notable legal industry news and people moves includes Nixon Peabody’s promotion of 12 attorneys to counsel.

New York government reaches deal on coronavirus sick-leave mandate

HR Magazine (Society for Human Resource Management) | March 18, 2020

Rochester Labor and Employment partner Kim Harding, Rochester Corporate partner Brian Kopp, and Long Island Labor and Employment associate David Tauster co-wrote this contributed article, based on their NP client alert, analyzing the new mandatory sick-leave deal in New York state.

How Walmart decided to oust an icon of India's tech industry

Bloomberg | November 14, 2018

Long Island Labor & Employment associate David Tauster is quoted in this story on Walmart’s decision to remove the founder of the successful ecommerce startup Flipkart, which Walmart agreed to acquire this summer.


David A. Tauster


Long Island

Phone: 516-832-7559

Fax: 844-830-7875

Rutgers School of Law, J.D.

American University, B.A.

New York

New Jersey

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

U.S. Court of Appeals, Second Circuit

  • United Way of Long Island—Member of Team Mission United for the 2016 TCS New York City Marathon
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