David Garrett

David J. Garrett’s practice at Nexsen Pruet focuses on immigration-related matters and civil litigation. Mr. Garrett is a member of both the Firm's employment and labor and immigration practice groups. 

Mr. Garrett assists multi-national companies with international workforces to expedite the movement of workers and goods.  He also assists businesses with immigration compliance matters such as Form I-9, Electronic Form I-9, ICE inspections, and corporate immigration policies, immigration issues in mergers and acquisitions, and export licensing requirements for companies that hire foreign nationals.

Mr. Garrett's experience in the immigration field includes representing business professionals with non-immigrant visas, intra-company transfers, investor visas, and consular processing of visa petitions.  He also assists businesses and individuals with immigrant visa and permanent residency matters, including labor certifications, national interest waivers, employment-based petitions, and investment-based petitions. 

In addition to immigration matters, Mr. Garrett represents individuals and corporate clients in several regulated industries, including manufacturing, construction, trucking, pavement markings, the import/export of raw goods and manufacturing materials, and technology companies.  Mr. Garrett's experience includes Federal Motor Carrier Safety Administration issues for construction clients, OSHA investigations and related litigation, State and US DOT appeals of W/MBE determinations, and Department of Transportation construction contracts, as well as international antidumping/countervailing duty issues.  He also regularly appears as a speaker regarding immigration compliance issues for the construction industry.

Prior to joining Nexsen Pruet, Mr. Garrett worked for Sanford Holshouser LLP, where Mr. Garrett’s practice areas focused on issues related to economic development, employment immigration and human resource issues, as well as real estate, zoning, annexation, corporate start-ups, mergers and acquisitions, commercial litigation and arbitration matters.

Before becoming an attorney, Mr. Garrett was a 6-12 grade teacher in Sandusky, Ohio and earned his Juris Doctor while working as a professional musician in the Toledo, Ohio and the Detroit-Ann Arbor, Michigan areas.

• New Form I-9 Mandatory Use Required Beginning on May 7
  Starting on May 7, 2013, all employers in the United States may only use the new Employment Eligibility Verification Form I-9 with a revision date of 03/08/13N to comply with employment eligibility verification requirements under the Immigration Reform and Control Act of 1986.
• "The Law: New I-9 Form Shows More Changes May Be In Store For Employers"
  MidlandsBiz features an article written by Employment and Labor Law attorneys David Dubberly and David Garrett.
• Nexsen Pruet International Law Group Scores Major Victory at U.S. Court of International Trade
  Nexsen Pruet International attorneys David Robinson and David Garrett win major victory for international client.
• (Video) Wrapping Gifts in Raleigh for Charity
  Nexsen Pruet attorneys and staff adopted families through the Junior League's Angel Tree program in Raleigh.
• "Nexsen Pruet signs lease with Highwoods, looks to hire"
  The Triangle Business Journal reports on Nexsen Pruet's upcoming move in Raleigh.
• Employment Law Alert: Court Upholds Rule Requiring Federal Contractors to Use E-Verify
  Removing what is likely the last hurdle to implementation, last week a U.S. District Court dismissed a lawsuit challenging implementation of the E-Verify Rule for federal contractors.
• Employment Law Alert - South Carolina Immigration Inspections: Is LLR Going too Far?
  Is the South Carolina Department of Labor, Licensing and Regulation (LLR) going to far when checking to see if businesses are in compliance with the South Carolina Illegal Immigration Reform Act (the Act)?
• Nexsen Pruet: Only Law Firm Listed for North and South Carolina in "Trade Allies" Directory
  The new edition of Southern Business & Development magazine features the "1st Annual Trade Allies Directory." Nexsen Pruet is the only law firm listed in both North and South Carolina.
• News Alert: NC and SC Counties Join Immigration Enforcement Partnership
  Charleston County, SC and Guilford County, NC have entered into immigration enforcement partnerships with the U.S. Department of Homeland Security.
• "Altman Weil: Law firm mergers jump 33%"
  The Triangle Business Journal reports that the "marriage of Cary’s Sanford Holshouser and Columbia, S.C.-based Nexsen Pruet" is one of many deals that has led to a significant jump in law firm mergers during the first quarter of 2009.
• "Tar Heel law firm joining S.C. firm"
  The January 5th, 2009 edition of the Raleigh News and Observer reports on Nexsen Pruet's new North Carolina office in an article called "Tar Heel law firm joining S.C. firm."
• Nexsen Pruet Opens Raleigh Office; Ernie Pearson & Former Governor Holshouser Join Firm
  Nexsen Pruet today announced the opening of a Raleigh office that will include Ernie Pearson, former Assistant Secretary of Economic Development for the North Carolina Department of Commerce, and former Governor Jim Holshouser.

• To Pay or Not to Pay? The Test for the Unpaid Intern
  As the end of another academic year approaches, college students across the country are seeking summer employment opportunities.
• FMLA's Twentieth Birthday
  On February 5, 2013, the Family and Medical Leave Act turned 20 years old. Coinciding with this milestone, the U.S. Department of Labor has issued a new final rule, which codifies further additions and revi­sions to the FMLA. This newsletter highlights some of the changes.
• New I-9 Form Shows More Changes May be in Store for Employers
  On March 8, 2013, U.S. Citizen and Immigration Services (USCIS) published a new two-page version of Form I-9, together with six pages of instructions. This article explains some of the notable features of the revised Form I-9.
• Update: Noncompete Agreements in SC are Worth More Than the Paper They're Written On
  In light of the restrictive nature with which South Carolina courts have historically viewed noncompetition agreements, many people assume they are not enforceable and, in essence, “not worth the paper they’re written on.” However, in January of this year, the South Carolina Court of Appeals upheld a physician’s noncompetition agreement and expanded the scope of enforceable noncompetition agreements in this state.
• Employment Law Update: U.S. Supreme Court Set to Define "Supervisor" for Purposes of Title VII
  The U.S. Supreme Court recently heard arguments in a case that could have a significant impact on employer liability. Specifically, as the result of an appeal in Vance v. Ball State University, et al, 646 F.3d 461 (7th Cir. 2011), the Court is poised to decide who qualifies as a “supervisor” for purposes of liability under Title VII of the Civil Rights Act.
• 2012 Employment and Labor Law Final Exam Answer Key
  We received a great response to the 2012 Employment and Labor Law Final Exam. Thanks to all of our clients and friends who participated this year.
• 2012 Employment and Labor Law Final Exam
  As 2012 comes to a close, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s second annual final exam. We will send out answers to the exam in two weeks.
• Employment Law Update: Employers Face FCRA Update Deadline of January 1, 2013
  Effective January 1, 2013, there is a new form that employers must provide prospective or current employees when conducting background checks subject to the Fair Credit Reporting Act (FCRA).
• Employment Law Update: Recent Cases Address Employer Efforts to Protect Confidential Information
  In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and South Carolina, and the South Carolina Supreme Court have addressed the issue of protecting trade secrets and confidential information.
• Employment Law Update - Employers Beware: NLRB Challenges Established HR Practices
  The National Labor Relations Board (NLRB) has issued a number of recent opinions questioning and, in some instances, invalidating common employer practices and policies on the grounds of protecting employee rights under Section 7 of the National Labor Relations Act (NLRA). The impact of these decisions on handbook disclaimers and investigative procedures is addressed below.
• Employment Law Update - Patient Protection and Affordable Care Act: Upcoming Deadlines Require Employer Action
  After months of anticipation and seemingly endless public debate, the U.S. Supreme Court announced its decision upholding the key individual mandate provision of the Patient Protection and Affordable Care Act (PPACA). While the significance of the decision cannot be overestimated, the real import is its practical effect on employers.
• New Rule Makes “Reasonable Factors Other Than Age” Defense More Difficult for Employers
  On March 29, the Equal Employment Opportunity Commission issued a final rule making it more difficult for employers to establish a “reasonable factor other than age” defense for disparate impact claims under the Age Discrimination in Employment Act.
• Recent Guidelines for Employers of Active Duty & Veteran Service Members
  The Equal Employment Opportunity Commission (EEOC) has issued timely and relevant guidance for employers addressing protections afforded veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Americans With Disabilities Act (ADA).
• Keep Your Ears Peeled: Employment Law Update on the FLSA's "Anti-retaliation" Provision
  In this issue we describe and discuss a recent federal appeals court decision concluding that internal complaints about pay may be protected by the FLSA’s anti-retaliation provision.
• Employment Law Update: Romance in the Workplace: You, Me and our Employer?
  As Valentine's Day approaches, here are some interesting facts for employers to consider.
• Recent Ruling that Class Action Waivers are Illegal Shows NLRB Remains Active
  On January 3, 2012, the National Labor Relations Board (NLRB) ruled that a class action waiver in a mandatory employment arbitration agreement is illegal.
• I-9 Compliance: Avoiding Traps of New Federal Security Features
  A redesigned federal document is leading to confusion as businesses try to comply with the I-9 requirement.
• Employment Law Update - January 2012
  As employers plan for 2012, the inherent risk posed by departing employees presents an opportunity to reevaluate measures used to protect confidential information and trade secrets from the high cost of misappropriation.
• NLRB Delays Requirement for Employers to Post Pro-Union Notice
  On August 25, 2011, the National Labor Relations Board (NLRB) issued regulations requiring virtually all employers to post a large notice to employees informing them of rights under the National Labor Relations Act (NLRA), particularly their right to unionize. Employers must post the notice beginning April 30th, 2012.
• Employment Law Update - December 2011
  The EEOC is processing a record number of charges and collecting record settlement amounts. It is pursuing an aggressive systemic enforcement program and focusing on hiring issues. In this edition we discuss what the EEOC is doing and some of the implications for employers.
• 2011 Employment and Labor Law - Final Exam Answer Key
  Last week's final exam generated tremendous response from Nexsen Pruet clients and friends. Congratulations to our winners.
• Construction Alert: Protecting Your Company From The Federal Crackdown On Form I-9s
  As of Sept. 17, U.S. Immigration and Customs Enforcement (ICE) instituted 3,015 administrative and criminal investigations and issued 2,393 Notices of Inspection for Form I-9 compliance in 2011. That’s a 375 percent increase from 2008.
• 2011 Employment and Labor Law - Final Exam
  It's time to test your knowledge of the current state of employment and labor law.
• Pro-Union NLRB Presents Challenges to Employers: Employment Law Update - October 2011
  Recent pro-union decisions and proposed rules by the NLRB pose challenges for employers.
• Wrongful Discharge Claims Limit Employment At-Will Doctrine in North and South Carolina: Employment Law Update - September 2011 Supplemental
  Employment in North and South Carolina is at-will, which generally means an employer can terminate an employee at any time without notice. However, both states have long-recognized exceptions to the employment-at-will doctrine, including provisions that an employee cannot be discharged for reasons that contravene the “public policy” of the state.
• Employment Law Update - August 2011 Supplemental
  This edition is about a United States Supreme Court decision that illustrates the importance of using clear wording when drafting employee invention assignment agreements.
• Employment Law Update - August 2011
  South Carolina and North Carolina have passed state immigration laws mandating employment verification and imposing penalties for failure to comply.
• Employment Law Update - July 2011
  Employers are increasingly disciplining workers over misuse of social media. At issue in so-called “Facebook Firing” cases is whether terminating employees for making disparaging online posts, and having policies prohibiting such posts, violates federal labor law.
• Employment Law Update - June 2011
  This edition analyzes the EEOC's new final regulations implementing the Americans with Disabilities Act Amendments Act of 2008.
• Employment Law Update - May 2011
  The United States Supreme Court recently ruled that the anti-retaliation provision of the Fair Labor Standards Act (FLSA) extends to an employee’s oral complaints.
• International Law Update
  Appeals court says international contract requires litigation in England.
• Bad “VIBES” – New validation tool will give employers of foreign nationals the “willies”
  Employers who hire foreign nationals are about to face new challenges in obtaining work-related visas. The United States Citizenship and Immigration Service (USCIS) is moving a test project into the real world. So, the already enforcement-rich environment is getting richer. It’s called VIBE and business leaders need additional preparation when looking to add the expertise foreign nationals can provide....
• Do you need special consideration for foreign national executives & managers?
  Companies employing foreign nationals in high-level positions often need to provide their foreign national employees with employment contracts commensurate with their position in the company....
• Foreign Labor & Expertise For Technology Companies
  Let's face it: Your company needs the best expertise in order to maintain the competitive edge. Your clients demand top service, and often expect 24/7/365 availability. The Internet has opened up the world marketplace for your company. Why not attract the best employees from around the world?
• Technology and Export Controls
  The U.S. Government actively pursues the control of exports of sensitive equipment, software and technology, services and information to foreign nationals and foreign destinations as a means to promote national security interests, foreign policy objectives, and pursuit of world peace.
• Employment Law Update - January 2011
  Pregnancy discrimination claims are on the rise; and the NLRB proposes a mandatory pro-union poster for all employers.
• Employment Law Update - May 2010
  On March 30, 2010, Governor Sanford signed legislation restructuring, and renaming, the South Carolina Employment Security Commission, and amending the state's employment security law. This month's update describes some of the changes that have taken place at the agency and in the benefits claims process.
• How Immigration Laws Impact Your Construction Clients
  The construction industry is in the forefront of worksite immigration enforcement efforts by various governmental agencies, including Federal agencies and in some cases by state and local governments. This article begins with a discussion of the new climate of enforcement in which construction lawyers need to understand how their clients operate.
• Immigration Concerns for M&A Transactions
  When working with mergers, acquisitions and other types of corporate restructuring and business entity transformations, immigration counsel can either be your best friend or, if consulted too late in the transaction, be the one to advise you that you get to explain to your client why some of their most valuable executives and employees are no longer authorized for work in the U.S.
• Employment Law Alert: Court Upholds Rule Requiring Federal Contractors to Use E-Verify
  Removing what is likely the last hurdle to implementation, last week a U.S. District Court dismissed a lawsuit challenging implementation of the E-Verify Rule for federal contractors.
• Employment Law Alert - South Carolina Immigration Inspections: Is LLR Going too Far?
  Since July 1, 2009, private employers in South Carolina with 100 or more employees have been subject to audits by the South Carolina Department of Labor, Licensing and Regulation (LLR) to check compliance with the South Carolina Illegal Immigration Reform Act (the Act).
• Employment Law Update - May 2009
  This edition explains why many employers are seeking privileged legal compliance reviews of their compensation practices and documentation in the aftermath of the Lilly Ledbetter Fair Pay Act.

  A brief video update on immigration compliance developments is available by clicking here. Then, click on the video entitled "Immigration."

• Building Inspections of Industrial Machinery - Trial Brief
  North Carolina is apparently unique among states, with which it regularly competes in economic development projects, by requiring that industrial machinery be subject to building code inspections.

• Patient Protection and Affordable Care Act: Employment Law Quarterly Breakfast Briefing
• Sexual Harassment - Survival Tips and Myths: Employment Law Quarterly Breakfast Briefing
• 2011 North Carolina SHRM State Conference
• The Legalities of Doing Business in China: Live Seminar
• Webinar: Immigration Compliance & Enforcement Update