David M. Whitaker

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.