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David Barmak

Member / Chair Emeritus, Employment, Labor & Benefits Practice

[email protected]

+1.202.585.3507

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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. 

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
  • Consulting and professional services
  • Professional sports

David chaired the firm’s Employment, Labor & Benefits Practice for more than a decade. He has been recognized as a leading lawyer by several publications including Chambers USA, a leading legal research guide, 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 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.

Education

  • Georgetown University (JD)
  • State University of New York - Buffalo (BA)

Recognition & Awards

  • Best Lawyers in America: Litigation - Labor and Employment (2021-2022), Employment Law - Individuals (2022) 
  • Included on the Washington, D.C. Super Lawyers: Employment & Labor, Employment Litigation: Defense, Business Litigation, Alternative Dispute Resolution List (2007, 2010 – 2021)
  • Chambers USA: District of Columbia – Labor & Employment (2014 – 2021)
  • Included in the Top 100 List of the Washington, D.C. Super Lawyers (2021)
  • Previously included on the Virginia Super Lawyers: Employment & Labor, Business Litigation, Alternative Dispute Resolution List
  • Martindale-Hubbell AV Preeminent
  • Member, Editorial Advisory Board, Employment Law 360 (2013 and 2014)

Involvement

  • Senior Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society
  • Chair, American Academy of Alternative Dispute Resolution
  • Certified mediator, Institute for Conflict Management
  • 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

Recent Insights

News & Press

Events

Viewpoints

In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower “motivating factor” (also commonly known as the “mixed-motive”) standard.
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A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination.
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As we discussed yesterday at Mintz Levin's Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following President Trump’s election.
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2016 DC Metro Area Employment Law Year In Review

March 1, 2017 | Blog | By David Barmak

Today we continue with our Year in Review segment, which looks at the key labor & employment law developments from 2016 in New York, the DC Metro Area, Massachusetts, and California, while offering our thoughts about 2017.  Today we turn to the DC Metro Area.
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For our sibling blog ADR: Advice from the Trenches, my colleagues Kate Beattie and Don Davis have authored an analysis of employee class action waivers now that the Supreme Court has agreed to take up the issue this term.  For our prior analyses of class action waivers, see our prior Employment Matters posts on this topic.

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On February 9th (in Boston) and February 16th (in New York), our Immigration Law colleagues will be offering live seminars designed for in-house counsel, immigration specialists, HR professionals, talent managers, and other internal stakeholders to review changes affecting the hiring and continued employment of foreign nationals.
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Employers across the country woke up this morning to news that a Texas District Court judge has blocked the DOL’s overtime rule from taking effect on December 1, 2016.  This represents a stunning turn of events for employers.
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In a stunning turn of events for employers, the United States District Court for the Eastern District of Texas has entered a nationwide injunction, ruling that the Department of Labor's new overtime rule, which was slated to go into effect on December 1, is unlawful. As a result, at least for now, the rule will not take effect.
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The wait is over! This morning, the Department of Labor announced its Final Rule, which is aimed at expanding overtime eligibility for millions of American workers. At its core, the final version of the rule doubled the minimum salary employers must pay “white collar” workers to maintain their exempt status.
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On Wednesday, President Obama signed into law the groundbreaking Defend Trade Secrets Act (DTSA)1, which for the first time creates a federal civil remedy for trade secret misappropriation and provides uniformity (and hopefully predictability) to what has, until this point, been a patchwork body of law applied disparately among the states.
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News & Press

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Mintz Member and Chair Emeritus of the firm’s Employment, Labor & Benefits Practice David Barmak authored a Bloomberg Law Insights Column to discuss the different approaches employers can take to hybrid work arrangements and the potential legal and HR issues that may arise, including taxes, performance management, and workplace safety.
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Law360 reported that a Mintz litigation team won a Motion to Stay on behalf of its client, software provider Citrix, in a putative class action case alleging that the company conducted illegal telemarketing calls. The decision will put the case on hold to await the U.S. Supreme Court’s decision in Barr v. American Association of Political Consultants Inc., in which oral arguments are scheduled to take place remotely on May 6.
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Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Mintz is pleased to announce that eight attorneys have been named Washington, D.C. Super Lawyers for 2018 and three others have been named Washington, D.C. Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement.
Eight Mintz attorneys have been named Washington, D.C. Super Lawyers for 2017 and four have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in The Washington Post Magazine and in a stand-alone magazine, Washington D.C. Super Lawyers Magazine.
Mintz attorneys represented Seventh Generation, Inc. in its recent sale to Unilever. Based in Vermont, Seventh Generation is a pioneer in corporate responsibility and sustainable product innovations, including plant-based detergents and household cleaners.
Mintz has bolstered its Employment, Labor & Benefits Practice with the addition of Kate Beattie, who returns to the firm from global IT services company NTT DATA, Inc. Ms. Beattie served as a Mintz Associate from 2006-2013 and re-joins as a Member in the Boston office.
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
Mintz Employment, Labor & Benefits Member David Barmak is quoted in this Marketplace article on the Department of Labor’s final rule regarding white collar worker eligibility for overtime pay.
David Barmak is quoted in this Society for Human Resource Management discussing whether the Equal Employment Opportunity Commission should be held accountable for the $4.7 million legal bill resulting from its bringing a sexual harassment case against a trucking company, CRST Van Expedited Inc.
Mintz Employment, Labor & Benefits Member David Barmak is quoted in this Society for Human Resource Management article on how human resources departments can go about selecting the right employment law representation for their company.  
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C.  attorneys as “Leaders in Their Fields.”
Seven Mintz attorneys have been named Washington, D.C. Super Lawyers for 2015 and five have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in Washington Post Magazine and in a stand-alone Washington D.C. Super Lawyers Magazine.

Events

Speaker
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Mar
4
2021
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Apr
30
2019
Speaker
Dec
2
2015

27th Annual Nonprofit Finance & Accounting Symposium

GWSCPA

DC Convention Center 801 Mt Vernon Pl NW, Washington, DC 20001

Speaker
Apr
29
2015

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