Attorney Profile Picture

David M. Whitaker

David Whitaker is a partner in the New Orleans office of Kean Miller. He joined the firm in 2009 and practices in the labor and employment law group.  David concentrates his practice in the defense of employment discrimination and other employment-related claims, advising employers on compliance with state and federal employment laws, drafting non-compete and other employment-related agreements and policies and obtaining work visas permitting employers to utilize skilled foreign workers in the United States. He also advises and counsels employers regarding OSHA compliance and workplace safety issues.

He regularly advises employers with respect to compliance with state and federal wage payment requirements, including the Federal Fair Labor Standards Act, as well as the Davis-Bacon Act, which applies to employers performing work on certain federally funded construction projects. In January 2015, Mr. Whitaker argued a Davis-Bacon case of national significance before the Department of Labor Administrative Review Board. The case concerns whether contractors are responsible for payment of employee lodging expenses on out-of-town projects in addition to payment of the prevailing wage and benefit amounts required by the Act.

He is listed in The Best Lawyers in America in the areas of Labor and Employment for 2017.  He was named Lawyer of the Year 2017 in Employment Law - Individuals by Best Lawyers.

Representative Experience

  • Representation of employers in all types of employment discrimination litigation
  • Representation of employers in proceedings before governmental agencies, including the United States Equal Employment Opportunity Commission, the United States Department of Labor, the National Labor Relations Board, the Louisiana Commission on Human Rights and OSHA
  • Representation of employers in the enforcement of non-compete agreements and litigation related to the protection of trade secrets and confidential information

Education

David earned his B.S. from the University of New Orleans in 1988.  He earned his J.D., cum laude, from Tulane University Law School in 1991 and graduated as a member of the Order of the Coif.

Admissions

  • Admitted, Louisiana, 1991; United States Court of Appeals, Fifth Circuit

Articles, Publications and Presentations

  • Hot Topics in Labor and Employment Law, LMGMA Meeting, New Orleans, Louisiana, August 2013.
  • What Every Business Needs to Know About the Fair Labor Standards Act, Society of Louisiana Certified Public Accountants, September 6, 7 and 8, 2011.
  • Lorman Educational Services, "Interplay Between Core Employment Laws."
  • Louisiana State Bar Association, "Navigating Complicated Leave Issues in 2009."
  • Lorman Educational Services, "Reasonable Accommodation Issues Under the ADA."
  • Lorman Educational Services, "Managing Employment Relationships in Louisiana."
  • Lorman Educational Services, " Return to Work Issues in Worker's Compensation and Employment Law."
  • Louisiana Medical Office Manager's Association Seminar, "Avoiding Pitfalls Under the Fair Labor Standards Act."
  • Council on Education in Management, "Intermittent Leave Under the Family Medical Leave Act."
  • Loyola University Labor & Employment Law Conference, "Ethics Issues in Employment Litigation."
  • Loyola University Labor & Employment Law Conference, "Sexual Harassment Since Faragher, Ellerth and Indest: Liability, Defenses and Strategies."(presentation regarding latest developments in the area of sex harassment liability)

Reported Cases

  • New Orleans Campaign for a Living Wage, et al. v. City of New Orleans, et al., 825 So.2d 1098 (La. 2002).
  • King v. Dialysis Clinic, Inc., 923 So.2d 177 (La. App. 4 Cir. 2006).
  • Brooks v. Great Atlantic & Pacific Tea Company, Inc., 111 Fed. Appx. (5th Cir. 2004).
  • Alderman v. Great Atlantic & Pacific Tea Company, Inc., 332 F.Supp.2d 932 (E.D. La. 2004).
  • Moody v. Weatherford U.S., L.P., 2002 WL 1559104 (La. App. 2 Cir. 2002).
  • Davis v. Libbey Glass Inc., 2008 WL 4925025 (W.D. La. 2008).
  • Cannon v. Monsanto Co., 2008 WL 236922 (E.D. La. 2008).
  • Falgout-Loebig v. Rosbottom Employees, LLC, 2006 WL 1984684 (E.D. La. 2006).
  • Richard Berry & Associates, Inc. v. Bryant, 845 So.2d 1263 (La. App. 5 Cir. 2003) (Mr. Whitaker represented the prevailing defendants/ appellees in this case, not the plaintiff as incorrectly noted in the reported decision).

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