David Barmak
Member / Chair Emeritus, Employment, Labor & Benefits Practice
+1.202.585.3507
David is an experienced trial lawyer and trusted advisor to businesses and their executives on a wide range of issues, with a focus on employment law and HR matters. 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.
As a trial lawyer, David has handled cases involving a broad range of disputes such as employment discrimination, whistleblower and other retaliation claims, 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 many 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
- Consulting and professional services
- Financial-services
- Defense and security
- Telecom
- Hospitality, including hotels and restaurants
- Technology
- Government Contracting
- Staffing and outsourcing
- Professional sports
David chaired the firm’s Employment Practice for more than a decade. He has been recognized as a leading lawyer by several publications including Chambers USA, in which clients interviewed had these comments about David: “a superior lawyer who is very knowledgeable and attentive” and "unbelievably responsive and timely... His advice is very, very well informed but also highly tuned to the needs of the business". In addition, he has been recognized by Best Lawyers in Labor and Employment litigation and by Super Lawyers, which in 2021 identified David as one of the District of Columbia's "Top 100" lawyers.
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, trial practice, and budgeting for litigation.
David is an experienced trial lawyer and trusted advisor to businesses and their executives on a wide range of issues, with a focus on employment law and HR matters. 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.
Experience
Employment-Related Litigation & Counseling
- Won an arbitration on behalf of a consulting firm sued by an executive claiming discrimination and termination in breach of his employment and other agreements with the firm.
- Prevailed at trial on behalf of a federal government contractor accused of defaming an employee, adversely impacting the employee's security clearance.
- Won an arbitration for a healthcare company executive enforcing his severance agreement and defeating claims he violated his non-compete.
- Won an arbitration for a consulting services firm sued by a former executive for millions of dollars in severance, equity and other payments, in which the executive’s claims were denied in full, and the firm won lost profits for his competition in violation of his non-compete obligations.
- Obtained summary judgment in favor of "fast casual" restaurant group on retaliation claim, which was upheld in U.S. Court of Appeals.
- Conducted for a client's Board of Directors an internal investigation of an executive's alleged sexual harassment of various employees.
- Successfully defended an FLSA (Fair Labor Standards Act) collective action in which, among other things, we were able to limit the number of opt-ins to only approximately 8% against typical rates of 15% - 30%.
- Obtained an order compelling arbitration of individual wage claims and dismissing class action claims against a government contractor.
- Represented a financial services firm in the successful resolution of trade secret claims against a former employee.
- Represented a laboratory in pursuit of five former employees who became employed by a competitor on trade secret misappropriation, breach of fiduciary duty, use of confidential information to solicit our client's customers and other claims.
- Successfully defended a manufacturer against retaliation and whistleblower claims under the Food Safety Modernization Act (FSMA) and the Occupational Safety and health Act (OSHA), resulting in a dismissal of the claims and a finding of no liability.
- Developed executive employment agreements for the senior executives of a major New England hospital system and affiliated entities.
Complex Business Litigation
- Won a defense verdict in a federal court jury trial for our client, a healthcare company sued for millions of dollars in claimed commission dispute.
- Representing purchasers of interests in tobacco escrow accounts relating to the allocation of responsibility for qualified settlement fund taxes
- Successfully defended a title company against Freddie Mac's attempt to add them to the list of excluded providers.
- Assisted a restaurant group (an LLC) in ousting a non-performing member.
- Successfully represented former shareholders in a suit to obtain disbursement to them of the balance of a contingent purchase price due under the terms of a stock purchase agreement.
viewpoints
Maryland Employers: Amended Pay Transparency Law Requires Wage Range Disclosure in Job Postings
July 1, 2024 | Blog | By David Barmak, Danielle Bereznay
Maryland was one of the first states to implement a pay transparency law in 2020, and now it joins several states in broadening that law to require employers to disclose a wage range for open positions (Washington, D.C.’s pay transparency law, for example, which we wrote about here will become effective on June 30, 2024). Since 2020, employers in Maryland have been required to provide, when requested by an applicant, the wage range for the position to which the applicant applied. Maryland will now require employers to proactively disclose in their public and internal job postings the wage range for the position. Maryland’s new law will go into effect on October 1, 2024.
In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court
April 25, 2024 | Blog | By Talia Weseley, Danielle Bereznay, Bruce Sokler, Benjamin Ferrucci, David Barmak, Brad M Scheller, Geri Haight, Michael Arnold
Washington, D.C. Joins A Growing Number of Jurisdictions with Pay Transparency Requirements and Wage History Inquiry Restrictions
February 27, 2024 | Blog | By David Barmak, Danielle Bereznay
Mayor Bowser recently signed into law D.C.’s Wage Transparency Omnibus Amendment of 2023. The new law expands the existing wage transparency law in two important ways.
Key Changes & Updates to Employment Agreements: What Maryland and Virginia Employers Need to Know
October 30, 2023 | Blog | By David Barmak, Danielle Bereznay
Recent Employment Law Updates in the District of Columbia
March 22, 2023 | Blog | By Danielle Bereznay, David Barmak
(Updated) A Comprehensive Breakdown of OSHA’s COVID-19 Vaccination Rule
January 12, 2022 | Blog | By Michael Arnold, Jennifer Rubin, David Barmak, Corbin Carter, Evan Piercey, Danielle Bereznay, Danielle Dillon, Nicole Rivers, Paul Huston, Emma Follansbee
Webinar Recording - Delta's Impact on Return to Office Plans
September 14, 2021 | Blog | By David Barmak, Natalie C. Groot, Andrew Matzkin, Nicole Rivers
Biden Administration Unveils Sweeping Workplace Vaccination Plan
September 10, 2021 | Blog | By Michael Arnold, Corbin Carter, David Barmak
Conference Recordings: Mintz's Annual Employment Law Summit
March 12, 2021 | Webinar | By Michael Arnold, David Barmak, Micha Mitch Danzig, Geri Haight, Andrew Matzkin, David Lagasse, Jennifer Rubin, Alexander Hecht, Danielle Bereznay, Delaney Busch, Corbin Carter, Emma Follansbee, Natalie C. Groot, Paul Huston, Brendan Lowd, Nicole Rivers, Richard Block
California East? D.C. Passes Comprehensive Ban of Non-Compete Agreements
January 8, 2021 | Blog | By David Barmak, Danielle Bereznay
News & Press
The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas
August 15, 2024
187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.
Mintz announced today that 42 of its practices and 83 of its attorneys earned recognition in the 2024 edition of Chambers USA, a guide to the country’s leading law firms. Of those included in the guide, 18 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm obtained new listings in three practice areas and 10 of its lawyers were recognized for the first time.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
WASHINGTON, DC – Mintz is pleased to announce the inclusion of five Members to the 2023 Washington, D.C. Super Lawyers list.
Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.
Citrix Telemarketing Row Stayed For High Court TCPA Ruling
April 24, 2020
Mintz Recognized by Chambers USA 2019
April 26, 2019
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
Mintz Represents Seventh Generation, Inc. in Sale to Unilever
October 27, 2016
Mintz Expands Employment, Labor & Benefits Capabilities in Boston
October 24, 2016
How to Find a Trustworthy Employment Attorney
March 16, 2016
Tyrone P. Thomas Elevated to Member of Mintz
May 18, 2015
Events & Speaking
Preparing for the New Workplace Paradigm: A Roadmap for Employers in the Time of COVID-19
View the Webinar Recording
27th Annual Nonprofit Finance & Accounting Symposium
GWSCPA
DC Convention Center 801 Mt Vernon Pl NW, Washington, DC 20001
Spring Membership Meeting DC's Wage Theft Prevention Act
Greater Washington Society of Certified Public Accountants
Greater Washington Society of CPAs - Conference Facilities 2000 M Street, NW, Level B Washington, DC 20036
David is an experienced trial lawyer and trusted advisor to businesses and their executives on a wide range of issues, with a focus on employment law and HR matters. 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.
Recognition & Awards
Featured in Best Lawyers in America, Litigation - Labor and Employment (2021 - 2025), Employment Law - Individuals (2023 - 2025)
Chambers USA: District of Columbia – Labor & Employment (2014 – 2024)
Washington, D.C. Super Lawyers: Employment & Labor, Employment Litigation: Defense, Business Litigation, Alternative Dispute Resolution List (2007, 2010 – 2024)
Included in the Top 100 List of the Washington, D.C. Super Lawyers (2021)
Legal 500 United States: Workplace and Employment Counseling (2022-2023)
Martindale-Hubbell AV Preeminent
David is an experienced trial lawyer and trusted advisor to businesses and their executives on a wide range of issues, with a focus on employment law and HR matters. 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.
Involvement
- Senior Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society
- Past Chair, International Academy of Alternative Dispute Resolution
- Certified mediator, Institute for Conflict Management
- Panel member, panel of arbitrators, American Health Lawyers Association
- Pro bono mediator, Civil Division of the Superior Court of the District of Columbia
- Past Master of the Bench, William B. Bryant American Inn of Court, Washington, DC
- Past faculty member, National Institute of Trial Advocacy, Georgetown University Law Center
- Member, American Health Lawyers Association
- Member, American Bar Association (ABA)
- Member, ABA Litigation Section
- Member, ABA Labor and Employment Law Section