"I enjoy labor and employment law because it is a people-focused practice area in which the law is always evolving. I collaborate with clients to find creative solutions to the many challenges that employers face in managing their workforce."
David Whitaker practices in the labor and employment law group. He concentrates his practice in the defense of employment discrimination, harassment and other employment-related claims, advising employers on compliance with state and federal employment laws, drafting employment contracts, non-compete agreements and other employment-related agreements and policies. David also handles employment-based immigration matters, including assisting employers in obtaining work visas (including H-1B, L, O and TN visas) that allow them to employ skilled foreign workers on a temporary basis in the United States and sponsoring foreign guest workers for permanent resident (green card) status. He also advises, counsels and trains employers regarding I-9 and OSHA compliance and workplace safety issues and assists clients with the defense of OSHA investigations and citations.
Mr. Whitaker defended an employer in one of the first transgender employment discrimination lawsuits filed in the State of Louisiana. He also frequently advises employers on the proper handling of employee medical leaves, reasonable accommodations and related return to work issues arising under the Family Medical Leave Act and Americans with Disabilities Act.
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. He assists clients with managing Department of Labor wage and hour audits and represents employers in defense of legal claims seeking unpaid overtime, including the defense of class action and collective action claims.
In January 2015, Mr. Whitaker argued a Davis-Bacon case of national significance before the Department of Labor Administrative Review Board. The case concerned whether contractors are responsible for payment of employee lodging expenses on out-of-town projects (in addition to mandatory prevailing wage rates), a high stakes issue for contractors engaged on projects subject to the Act.
Mr. Whitaker also advises clients on the employment-related requirements for enhanced tax credits available under the Inflation Reduction Act of 2022, including prevailing wage and apprenticeship requirements.
Mr. Whitaker also assists clients with the resolution of commercial disputes, including breach of contract disputes and claims involving breach of non-compete and confidentiality agreements and unfair trade practice claims.
- Representation of employers in all types of employment discrimination litigation.
- Providing advice and counsel to employers on compliance with fair employment and wage payment laws, workplace investigations and employee discipline and discharge issues.
- Development of employment agreements, arbitration agreements, employment policies and handbooks.
- Representation of employers in arbitration proceedings, including arbitration of statutory employment claims and arbitration of grievances arising under collective bargaining agreements.
- Training employer supervisors on equal employment opportunity, avoidance of workplace harassment claims and union avoidance training.
- 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 other state fair employment agencies and representation of employers during OSHA worksite inspections and citation contest proceedings.
- Representation of employers in Department of Labor wage and hour audits pursuant to the federal Fair Labor Standards Act and defense of employers against individual and collective action wage and hour claims brought under state and federal law.
- Representation of employers in the enforcement of non-compete agreements and litigation related to the protection of trade secrets and confidential information.
- Representation of employers in petitions filed with the USCIS seeking grant of work visas and employer-sponsored green cards.
- Representation of companies in complex commercial litigation matters.
- Tulane Law School, J.D., cum laude, 1991
- Member, Order of the Coif
- The University of New Orleans, B.S., 1988
- Louisiana
- U.S. Court of Appeals, Fifth Circuit
- Member, Baton Rouge Bar Association
- Member, Louisiana State Bar Association
- Member, American Bar Association
- Member, Federal Bar Association
- Member, Propane Gas Defense Association
- "Best Lawyers," The Best Lawyers in America, 2013-2025
- "Lawyer of the Year," The Best Lawyers in America, 2022, 2024
- "Top Lawyers," New Orleans Magazine, 2022
- "Leadership in Law," New Orleans CityBusiness, 2018
- "Federal Court Grants Nationwide Relief from Biden Administration Overtime Rule," Louisiana Law Blog, November 15, 2024
- "Examining New Wage Payment Developments and Overtime Pay Regulations: What You Need to Know to Stay Compliant," Kean Miller Labor and Employment Seminar, November 1, 2024
- "Employers Brace for January 1, 2025 Overtime Exemption Salary Increase – But Will Litigation Derail the DOL Rule?," Texas Law Blog, September 30, 2024
- "Employment Law Recent Developments, Hot Topics, and Looking Toward the New Year," Co-Presenter, Kean Miller Lunch and Learn, December 6, 2023
- "Recent Developments in Wage Payment," Co-Presenter, Kean Miller Labor and Employment Seminar, October 28, 2022
- "The ADA in Cyberspace – Are Websites Places of Public Accommodation?," Louisiana Law Blog, December 29, 2022
- "Fifth Circuit Finds That Individual Arbitration Agreements Bar Notice of FLSA Collective Action," Louisiana Law Blog, June 8, 2022
- "Supreme Court to Review FLSA Claim By Highly Compensated Offshore Employee," Louisiana Law Blog, June 1, 2022
- "New Phasing Plan Requirements from LA State Fire Marshal," Louisiana Law Blog, May 15, 2020
- "Navigating the Uncharted Legal Realities of COVID-19," Co-Presenter, Kean Miller Webinar, May 7, 2020
- "Return to Work, Are You Ready?," Louisiana Law Blog, April 26, 2020
- "New CDC Guidance About Essential Employees Exposed to COVID-19," Louisiana Law Blog, April 9, 2020
- "DOL Rolls Out Leave Act Regulations and Changes Course on Some Issues," Louisiana Law Blog, April 2, 2020
- "DOL Issues Third Set of Leave FAQs," Louisiana Law Blog, March 30, 2020
- "DOL Issues Additional Leave FAQs," Louisiana Law Blog, March 27, 2020
- "Families First Coronavirus Response Act: The Model Notices Are Here," Louisiana Law Blog, March 26, 2020
- "Leave Act Takes Effect April 1 and Other New DOL Guidance," Louisiana Law Blog, March 25, 2020
- "Updated Guidance from the EEOC: "What You Should Know About the ADA, the Rehabilitation Act, and COVID-19"," Louisiana Law Blog, March 20, 2020
- "Coronavirus Leave Bill Signed Into Law," Louisiana Law Blog, March 19, 2020
- "COBRA and Coronavirus," Louisiana Law Blog, March 18, 2020
- "Coronavirus Paid Leave Bill Still in House," Louisiana Law Blog, March 16, 2020
- "Coronavirus Paid Leave Bill Passes House," Louisiana Law Blog, March 14, 2020
- "Congress Responds to the Coronavirus," Louisiana Law Blog, March 13, 2020
- "Employment Update: Tips on the Tip Credit and How to Avoid Sexual Harassment Claims," Kean Miller Hospitality Forum, October 2018
- "Supreme Court's Epic Systems Decision an Opportunity for Employers to Revisit the Use of Mandatory Arbitration Agreements," Louisiana Law Blog, July 20, 2018
- "EEOC Continues to Target Americans with Disabilities Act Return to Work Issues," Louisiana Law Blog, July 16, 2018
- "Shh! Many companies dropping marijuana drug testing - still common for Louisiana's safety-sensitive jobs," The Advocate, June 17, 2018
- "How the Supreme Court Arbitration Ruling Could Impact Civil Rights Cases, Workers and Employers," New Orleans CityBusiness, June 1, 2018
- "Employment Law Update on Transgender, Gender Identity and Sexual Orientation Issues," Kean Miller Client CLE Program, April 19, 2018
- "Lawsuit Claiming that Employer Sought to Evade Obamacare Costs Leads to $7.4 million Class Action Settlement," Louisiana Law Blog, December 4, 2017
- "Electronic Injury Reporting Requirement Delayed by OSHA (Again)," Louisiana Law Blog, November 29, 2017
- "Employers Face H-1B Work Visa Challenges in 2018," Louisiana Law Blog, November 29, 2017