David L. Disler

David represents public and private entitles in resolving complex labor and employment matters.  He prides himself in being responsive to his client's needs and finding unique solutions to challenging issues.  He regularly guides clients through a variety of challenging circumstances.  David is a member of the firm's Litigation Practice Group and the Education and Employment Team.  He regularly provides training to clients and has been asked by a variety of organizations to present on labor and employment issues.  He also has authored numerous articles for various publications, including the New Jersey Law Journal, New Jersey Lawyer, the School Leader Magazine, and the New Jersey Police Chief Magazine. 

Employment

David advises employers on complying with a variety of complex employment laws, including providing reasonable accommodations under the Americans with Disability Act (ADA), ensuring leave is correctly provided under the Family Medical Leave Act (FMLA) and New Jersey Family Leave Act (NJFLA), and complying with state and federal wage and hour laws.  He also counsels clients through allegations of discrimination, harassment, retaliation, and breaches of the collective bargaining agreement.  He also works with clients to prepares a wide array of contracts, such as settlement agreements, severance agreements, collective bargaining agreements, and vendor contracts.  He represents employers in defending against lawsuits filed by their employees, including discrimination and harassment cases, and in whistleblower and alleged retaliation cases.  He also provides a variety of trainings to employers to assist in complying with the law and avoiding issues that may arise.  

Public Sector Employment

David has a particular expertise in representing public sector employers.  He serves as general counsel to a number of boards of education throughout New Jersey, where he helps them untangle difficult problems involving their employees, unions, students, and community.  He regularly attends public meetings to assist his clients through challenging circumstances.  This includes representing his clients during hearings, such as HIB hearings, Donaldson hearings, and grievance hearings.  He also defends his clients against lawsuits filed against them and during arbitrations filed by their union.  He regularly provides training on such topics as the Anti-Bullying Bill of Rights, the Open Public Meetings Act, the Open Public Meetings Act, the School Ethics Act, and compliance with various state and federal laws.  

Labor

David serves as the lead negotiator for clients during collective negotiations with their union.  Upon completion of negotiations, he assists in the preparation of the new collective bargaining agreement.  He prides himself on taking a proactive approach by working with the employer and union leadership to reach amicable solutions and ensure a strong working relationship.  He also regularly assists client in responding to union grievances, and represents clients in arbitration and in unfair labor practice proceedings.  

Organizations

David presently serves on the Board of Trustees and as a Vice President for the New Jersey Association of School Attorneys, as a Member of the New Jersey Supreme Court District Ethics Committee (District XA), on the Board of Directors for the Lehigh Lawyers Association, and as the Morris County co-coordinator for the Vincent J. Apruzzese High School Mock Trial Competition.

Recognition

David has been included in Best Lawyers: Ones to Watch® in America - Labor and Employment Litigation, for the years 2021, 2022, and 2023.  A description of the selection process can be found here.  

David also has been included in the New Jersey Super Lawyers "Rising Stars" list, Schools & Education, for the years 2019, 2020, 2021, 2022, and 2023.  A description of the selection process can be found here.

Education

David earned his J.D. degree, cum laude, from Brooklyn Law School, and his B.A. degree, magna cum laude, from Lehigh University.
 

No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Prior results do not guarantee a similar outcome. 

• Included in Best Lawyers: Ones to Watch® in America - Labor and Employment Litigation, 2021-2023.
  A description of the selection process can be found here.
• Included in the New Jersey Super Lawyers "Rising Stars" list, Schools & Education, 2019-2023.
  A description of the selection process can be found here.

• New Jersey Association of School Attorneys, Vice President, Board of Trustees
• Lehigh Lawyers Association, Board of Directors
• Roseland Glen Condominium Association, Board of Trustees
• Vincent J. Apruzzese High School Mock Trial Competition, Morris County Co-Coordinator
• New Jersey State Bar Association
• New Jersey Supreme Court District XA Ethics Committee

• "Political Employees: Employers’ Rights, Legal Obligations, and Practical Responses," Porzio Employment Law Forum, October 20, 2021. 
• “Reductions in Force & Chapter 66,” New Jersey School Boards Association Spring School Law Forum, July 23, 2021.
• “Managing Staff in the COVID-19 Era,” New Jersey State Association of Chiefs of Police Executive Briefing Series, December 17, 2020.
• "Politically Incorrect: Regulating Employee Speech In and Out of the Workplace," Porzio Employment Law Forum, October 27, 2020.
• “The Impact of COVID-19 on Collective Negotiations,” New Jersey School Boards Association Spring School Law Forum, June 17, 2020. 
• "Recent Legislation Impacting New Jersey Schools," New Jersey School Boards Association School Law Forum, Atlantic City, NJ, October 24, 2019.
• "Dress to Impress, Not to Discriminate," Porzio Employment Law Forum, October 2019.
• "Are You Being Reasonable? Handling Requests For Accommodations," Porzio Employment Law Forum, October 2019.
• "School Law for the 'Non-School' Paralegal," Paralegal Association of New Jersey's General Membership Meeting, Morristown, NJ, June 11, 2019. 
• "Managing Employment Issues Related to Cannabis for Disability Providers," Cannabis & Disabilities: Emerging Issues & Answers, Porzio, Bromberg & Newman, PC, Morristown, NJ, April 5, 2019. 
• "New Jersey's Equal Pay Act," New Jersey State Bar Association's Corporate Counsel Institute, New Brunswick, NJ, January 31, 2019.
• "PERC and the School Laws, Scope Petitions and Unfair Practices," New Jersey School Boards Association School Law Forum, Atlantic City, NJ, October 25, 2018.
• "New Jersey's Equal Pay Act Explained," Porzio Employment Law Forum, Morristown, NJ, October 3, 2018.
• "Student Residency Disputes," New Jersey Institute for Continuing Legal Education, Law Center, New Brunswick, NJ, September 25, 2018. 
• "The FMLA and Other Leave Issues," National Business Institute, Princeton, NJ, July 17, 2018.   
• "Negotiating Indemnification Provisions and Agreements," National Business Institute, Newark, NJ, December 21, 2017.
• "Battle of the Sexes: Waging War Over Pay Equity," Porzio Employment Law Forum, Morristown, NJ, November 15, 2017.
• "Negotiating Healthcare Benefits and the Sunset of Chapter 78," New Jersey School Boards Association School Law Forum, Atlantic City, NJ, October 26, 2017. 
• "National Labor Relations Board Decisions Affecting Unionized and Non-Unionized Workplaces," National Business Institute, Newark, NJ, December 7, 2016.
• "Cyber Security For Employers: Not A Question Of If, But When," Porzio Employment Law Forum, Morristown, NJ, November 15, 2016.

• Hon. Frances A. McGrogan, Superior Court of New Jersey, Hackensack, NJ, Judicial Law Clerk.

Opinions, Decisions and Cases

• Gannett Satellite Information Network, LLC v. Township of Neptune, 254 N.J. 242 (2023)
• In the Matter of Atlantic Recycling Group, No. A-1079-20 (App. Div. Aug. 9, 2022) 
• In re Attorney General Law Enforcement Directive Nos. 2020-5 and 2020-6, 246 N.J. 462 (2021)
• Matter of Ridgefield Park Bd. of Educ., 244 N.J. 1, (2020)
• Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark, 244 N.J. 75 (2020) 
• Rivera v. Borough of Fort Lee, No. A-4006-16, (App. Div. May 3, 2019)
• Matter of Ridgefield Park Bd. of Educ. & Ridgefield Park Educ. Ass'n, 459 N.J. Super. 57 (App. Div. 2019)
• Paff v. Ocean Cty. Prosecutor's Office, 235 N.J. 1 (2018)
• Squitieri v. Cnty of Passaic, No. A-3348-17 (App. Div. Apr. 1, 2019)
• Innisfree v. Hopatcong Bd. of Educ., SSX-L-93-17 (Law Div. May 3, 2017)
• T.O. v. Summit Bd. of Educ. UNN-L-2960-16 (Law Div. Oct. 28, 2016)
• Mardis, et al. v. Jackson Hewitt Tax Service, Inc., et al. 2:16-CV-02115-JMV-JAD (D.N.J. 2016)