DAVID M. FOY

SHAREHOLDER

Tel: (248) 645-9680

Fax: (248) 645-1233

 

David Foy has 30 years of experience representing private, nonprofit and municipal employers in all areas of employment law. He has successfully defended employers against claims asserting breach of contract, wrongful discharge, discrimination, harassment and retaliation (age, disability, sex, national origin, race and religion), wage and hour and whistleblower violations. Mr. Foy represents employers before federal and state courts and administrative agencies such as the Equal Employment Opportunity Commission, Michigan Department of Civil Rights, U.S. Department of Labor, Michigan Wage and Hour Division, National Labor Relations Board and Michigan Employment Relations Commission. He also represents employers in matters involving enforcement or defense of non-competition/non-solicitation agreements and misappropriation of trade secrets.

In labor matters, Mr. Foy represents private and public sector employers in collective bargaining negotiations, arbitration, grievance resolution and defending unfair labor practices.Mr. Foy assists clients with drafting employment agreements, employee handbooks, policies and procedures and confidentiality and non-competition/non-solicitation agreements. He also assists clients with protecting intellectual property and counsels clients regarding best employment practices, litigation avoidance, family and medical leave, reductions in force, and the classification of employees who are exempt from the Fair Labor Standards Act overtime and minimum wage provisions. Mr. Foy helps clients employ strategies to prevent and defend FLSA claims, including FLSA collective actions and Department of Labor audits regarding employers’ alleged failure to pay overtime or the minimum wage. Mr. Foy successfully defeated efforts to certify a FLSA collective action class of several hundred workers.Mr. Foy has represented municipalities in all aspect of employment and municipal law and made presentations to County Treasurers, Clerks and Registers of Deeds. He is a contributing author of the Michigan Nonprofit Management Manual, 5th edition.

Among other mergers and acquisitions, Mr. Foy represented a global automotive market forecasting company in the sale of its stock for $27 million to a publicly-traded company, which is a leading global source of critical information and insight. Mr. Foy also represented a publicly-traded global energy company with its $20 million acquisition of a Michigan company.

Mr. Foy is a frequent lecturer to companies and professional groups, including the American Society of Employers and Michigan Assisted Living Association.

As a Health Care attorney, Mr. Foy works with medical and dental practices as well as physicians and dentists with respect to forming professional limited liability companies and corporations, drafting and negotiating buy-sell and employment agreements and performing due diligence when joining or buying a medical or dental practice. Mr. Foy was recognized by dBusiness magazine as a Top Lawyer in Health Care Law. He has made numerous presentations to residents from Beaumont Hospital, Henry Ford Health System and Kresge Eye Institute.

Mr. Foy is passionate about heart research and has been involved in several fundraisers on behalf of the University of Michigan C.S. Mott Children’s Hospital.

Mr. Foy studied in Muenster, Germany.

Education

  • De La Salle Collegiate High School, 2008
  • B.A., Michigan State University, 2012
  • J.D./M.B.A., University of Detroit Mercy School of Law, 2015

Bar & Court Admissions

  • State of Michigan
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan

Professional Memberships

  • State Bar of Michigan – Business Law and Real Property sections
  • American Bar Association – Young Lawyers Division
  • Macomb County Bar Association

notable court decisions

Jacobs v. NSK Corporation

Mr. Foy successfully defended NSK against plaintiff’s claims that she was discriminated against on the basis of her sex and alleged disability. She also asserted claims of retaliation, intentional and negligent infliction of emotional distress and wrongful discharge. The court granted summary disposition on all of these claims.

Guerrero v. Brickman Group, LLC

Plaintiffs brought a dual-filed FLSA collective action seeking to certify a class of several hundred workers, along with state law claims. The court denied Plaintiffs’ motion for FLSA certification, finding that the employees were not similarly-situated. The court reasoned that the employees had not even submitted a modest showing of evidence to be certified as a class. Further, the court did not believe it was appropriate to exercise supplemental jurisdiction over the state law claims where the state law issues predominated over the remaining federal claims. The high ratio of state to federal claimants weighed against the court exercising supplemental jurisdiction over the state law claims. The court also concluded that no aspect of federal immigration law was an indispensable component of any state law claim.

Smith v. Fitzsimons Manufacturing Co.

U.S. District Court granted Defendant summary judgment on Plaintiff’s hybrid 301 action, finding Federal law preempted Plaintiff’s state law breach of contract claim because it arose out of the employment relationship covered by a collective bargaining agreement. Regarding Plaintiff’s wrongful discharge claim, Plaintiff failed to allege that the third-party Defendant union breached its duty of fair representation.

E.E.O.C. v. Allendale Nursing Centre

U.S. District Court granted Defendant summary judgment on Plaintiff’s claim of religious discrimination based on the employee’s discharge for her refusal to obtain a social security number allegedly for religious reasons. The court awarded Defendant costs against the EEOC.

First American Title Ins. Co. v. Sabaugh

U.S. District Court upheld County Register of Deeds’ practice of charging fees for title records.

Tuscola County Abstract Co., Inc. v. Tuscola County Register of Deeds

Michigan Court of Appeals maintained County Register of Deeds’ statutory right to charge for copies of records.

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Sandro did an excellent job handling multiple matters which included a business dispute and assistance with drafting a services agreement. I was very impressed with his breadth of knowledge and the pace at which the work was performed. I look forward to working with Sandro and Berry Moorman on more projects.

Martindale-Hubbell Client Review

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As the founder of Chosen Infertility Group, I was in need of an attorney that was able to help create the foundation for our Chosen Grant, allowing those in the community to apply if in need of financial help to go forward with treatment. Sandro DiMercurio not only has the passion for the infertility community and our cause but has been a great resource in answering all my questions in a timely manner. In a world that is often led by self benefiting motives, it has been a breath of fresh air to partner with someone to help advocate in making our community a better place with much needed support.

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Legal Considerations for Remote Work Policy

By: Sandro D. DiMercurio   The COVID-19 pandemic has caused many employers to implement a Remote Work policy within their respective organizations. Many states issued stay-at-home orders which caused employers to transition, on the fly, from a traditional office...

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