David is an experienced trial lawyer and trusted advisor to businesses and their executives with a focus on employment law and HR issues. He has litigated hundreds of cases in federal and state courts and arbitrations nationwide. David is devoted to helping clients accomplish their compliance, risk reduction, and employee relations objectives. David has written and lectured extensively on employment law, trial practice, and alternative dispute resolution, and is often quoted in the media.
As a trial lawyer, David has handled hundreds of cases covering issues such as employment discrimination, whistleblower and other retaliation, noncompetition agreements and trade secret issues, wage and hour (FLSA) compliance, class and collective actions, and employment contract disputes. Clients have also regularly looked to David to litigate disputes involving a broad range of non-employment issues, including contract, partnership, shareholder, technology, and outsourcing.
As a trusted advisor, David has helped clients across a broad array of industries to reduce employment practices risks, and adopt best practices relating to wage and hour laws, employee leave laws, internal investigations, dispute resolution policies and practices, non-compete and trade secret issues, employee training, personnel and other policies, and WARN Act issues and other matters. He also is frequently involved in the negotiation and drafting of executive employment, separation, and related agreements.
David's clients include publicly and privately held companies, non-profits and trade associations, and their executives in a broad range of industries, including:
- Health care and life sciences
- Financial-services
- Defense and security
- Telecom
- Hospitality, including hotels and restaurants
- Technology
- Government Contracting
- Staffing and outsourcing
- Consulting and professional services
- Professional sports
David chaired the firm’s Employment, Labor & Benefits Practice for more than a decade. He has been recognized by several publications including Chambers USA, a leading legal research guide, in which clients interviewed described David as a “superior lawyer who is very knowledgeable and attentive” known for his “practicality and strong communication skills.”
David also has frequently written, lectured, and been quoted on issues such as class action risk mitigation, use of arbitration agreements and class action waivers, post-employment breaches of fiduciary duties, employee versus independent contractor status, employment discrimination, alternative dispute resolution, and budgeting for litigation. He is also co-editor of Mintz Levin’s Employment Matters blog.
More Legal and Business Bylines From David Barmak
- OSHA Issues Guidance on Safeguarding Workplaces From COVID-19 - (Posted On Monday, March 16, 2020)
- Proposed D.C. Non-Compete Legislation Would Prohibit the use of Non-compete Agreements for Many Employees - (Posted On Wednesday, November 06, 2019)
- Table for Two, Please: D.C. Department of Employment Services Issues Revised Guidance on Calculating Overtime Wages for Non-Exempt Employees Working Multiple Positions - (Posted On Thursday, October 10, 2019)
- Fourth Circuit Holds Complaining Employee is not Protected From Termination if Employer Terminates Her Because It Believed Her Complaint was Fabricated - (Posted On Wednesday, June 28, 2017)
- 2016 DC Metro Area Employment Law Year In Review - (Posted On Wednesday, March 01, 2017)
- With DOL’s OT Rule Blocked, Employers Are Left Asking “What’s Next?” - (Posted On Wednesday, November 23, 2016)
- New Overtime Rule Derailed; Will not Take Effect on December 1 - (Posted On Wednesday, November 23, 2016)
- DOL Releases Its Final Rule Updating FLSA White-Collar Overtime Regulations - (Posted On Wednesday, May 18, 2016)
- Trade Secrets Going Federal: President Obama Signs into Law Landmark Defend Trade Secrets Act Requiring Immediate Action by All Employers - (Posted On Friday, May 13, 2016)
- Taking an Evidentiary Approach, the Supreme Court Rules that Employees Can Use Representative Samples to Establish Classwide Liability and Damages - (Posted On Thursday, March 24, 2016)