David M. Whitaker

David Whitaker is a member of Kean Miller’s labor and employment law group in New Orleans, Louisiana. His practice focuses on representing employers and management in a wide range of labor and employment matters, including the defense of employment discrimination, harassment, and retaliation claims. He regularly advises employers on compliance with state and federal employment laws, drafts employment contracts, non-compete and confidentiality agreements, and assists with the development and implementation of workplace policies.

Mr. Whitaker represents both individuals and management in employment law matters and has significant experience handling litigation involving labor and employment issues. His work includes defending employers in individual, class action, and collective action lawsuits involving wage and hour claims under the Fair Labor Standards Act and related state laws, as well as matters arising under the Davis-Bacon Act for federally funded construction projects. He also assists employers with Department of Labor audits and investigations.

In January 2015, Mr. Whitaker argued a Davis-Bacon Act case before the U.S. Department of Labor Administrative Review Board addressing whether contractors are required to pay employee lodging expenses on out-of-town projects in addition to prevailing wage rates. The decision addressed issues with significant implications for contractors performing work on covered projects.

Mr. Whitaker regularly counsels employers on employee leave and accommodation issues under the Family and Medical Leave Act and the Americans with Disabilities Act, including return-to-work considerations. He also advises on workplace safety and compliance matters, including OSHA requirements, and represents employers in OSHA investigations and citation defenses.

His practice also includes employment-based immigration matters, assisting employers with obtaining temporary work visas such as H-1B, L, O, and TN visas, as well as sponsoring foreign national employees for permanent resident status. In addition, he advises employers on I-9 compliance and related enforcement issues.

Mr. Whitaker has experience defending employers in complex and developing areas of employment law, including one of the first transgender employment discrimination lawsuits filed in Louisiana. He also advises employers on labor law matters involving both management and unions, as well as litigation arising from collective bargaining relationships.

He further assists clients with commercial and employment-related disputes, including breach of contract claims, non-compete and confidentiality agreement enforcement, unfair trade practice claims, and mass tort litigation and class actions on behalf of defendants. Mr. Whitaker also advises employers on labor and employment requirements tied to enhanced tax credits under the Inflation Reduction Act of 2022, including prevailing wage and apprenticeship obligations.