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Donald C. Davis

Practice Group Associate

[email protected]

+1.202.434.7348

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Don provides clients with representation and counsel on a broad range of employment matters. He has extensive experience handling issues pertaining to employment contracts, wage and hour disputes, employment discrimination, disability accommodations, retaliation, wrongful discharge claims, family and medical leave, defamation, and whistleblower rights.

Don has provided representation in litigation as well as alternative dispute resolution processes, and has negotiated a number of very favorable pre-litigation settlements for his clients. He has also defended employers before administrative agencies.

He has significant experience reviewing, negotiating, drafting, and counseling employees and executives on employment contracts, including employment agreements, consultant agreements, and non-competition agreements.

In addition, he works with companies to review and revise their employment policies and handbooks, train managers and employees on anti-harassment and other employment policies, and conduct internal investigations related to discrimination, wage and hour, and employment misconduct issues.

Prior to joining Mintz, Don was a senior associate at a law firm in Washington, DC and an associate for a boutique employment law firm in Chapel Hill, North Carolina. He has also worked for a North Carolina law firm specializing in bankruptcy matters.

“Don Davis was instrumental in limiting our liability of the case we hired him for. He knows his trade and was extremely professional throughout the case. I was extremely pleased with his response times and providing current updates. I would not hesitate to hire him again.” Ed Stewart, VP of Operations, US IP Communications.

Education

  • Ohio State University (JD)
  • North Carolina State University (BA)

Experience

  • Working with David Barmak, obtained unanimous panel decision at the Fourth Circuit affirming summary judgment in favor of "fast casual" restaurant chain.
  • Represented a national, publicly traded clinical laboratory company, in defense of a federal court lawsuit filed by an ex-employee who alleged interference and retaliation in violation of the Family and Medical Leave Act (FMLA), and wrongful discharge.
  • Corporate legal department experience as an employment law secondee to a large national employer in the health care industry.
  • Along with David Barmak, successfully arbitrated claims involving unfair competition and breach of employment contract under state law.
  • Successful mitigation of employment claims against a large multinational hospitality company through mediation.

Recognition & Awards

  • Included on the Washington DC Super Lawyers Rising Stars (2017 - 2018)
  • Recognized among 40 Best LGBT Lawyers Under 40 by the National LGBT Bar Association (2015)

Involvement

  • President, LGBT Bar Association of the District of Columbia (2017 - present)
  • SMYAL Board of Directors (2016 - present)

Recent Insights

News & Press

Viewpoints

Viewpoint
As of October 15, 2018, New York City employers are now required to engage in a “cooperative dialogue” when an employee requests a workplace accommodation. In a development that may have been overshadowed by the New York State sexual harassment prevention law, the New York City Council amended the New York City Human Rights Law (NYCHRL) in December 2017 to institute this requirement. Similar to, but more demanding than the “interactive process” contemplated by the federal Americans with Disabilities Act, this requirement imposes significant new duties on employers in New York City.
Viewpoint
Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass on employing medical marijuana users by relying on the illegality of marijuana under federal law. Before last year, courts in Oregon, California, Colorado, Michigan, and New Mexico all rejected employment claims brought by plaintiffs under state marijuana legalization and lawful off-duty conduct laws. Last year in Massachusetts and Rhode Island, state courts challenged that paradox, and this month, in Connecticut, a federal court did the same.
In our sister blog, ADR: Advice from the Trenches, Gil Samberg explains the Sixth Circuit’s ruling, applying the Supreme Court’s reasoning in the recent Epic Systemscase, that the “collective action” provision of the FLSA does not render a collective action waiver in an arbitration agreement unenforceable.

The Bubbler – August 2018

August 8, 2018| Blog

We want to dedicate our August Bubbler feature to our readers, who have helped Mintz’s blog achieve such an august reputation. This month’s namesake (Emperor Caesar Augustus) would have been proud to see all of the activity out of the Empire State recently.
Lest we forget, many are the arbitrations that are subject to state arbitration law rather than the Federal Arbitration Act (“FAA”). And one should never underestimate the differences between those regimes. For example, under the FAA, the grounds for vacatur of an award are few and narrowly construed.
Over the past several years, health care entities have increasingly become the target of private and government plaintiffs complaining of disability discrimination. A crescendo of litigation has engulfed the health care industry
On Monday of this week, the U.S. Supreme Court reversed the Ninth Circuit when it ruled in Encino Motorcars, LLC v. Navarro that auto dealership service advisors are exempt from the FLSA’s overtime requirements.
The U.S. Court of Appeals for the Sixth Circuit ruled on March 7 that employer R.G. & G.R. Harris Funeral Homes unlawfully discriminated on the basis of sex when it fired a transgender employee after she informed the company that she would begin presenting consistent with her gender identity.
Austin, Texas recently became the first municipality in the South to enact a paid sick and safe leave law for private sector employees.  The sick and safe leave ordinance will take effect on October 1, 2018 for employers with five or more employees.
On Monday, for the second time in less than a year, a federal appeals court ruled that Title VII forbids sexual orientation discrimination because it is a form of sex discrimination.

News & Press

This story note that while a recent U.S. Supreme Court ruling restricting the ability for employees to form class actions was lately seen as a win for employers, appeals courts “are not rubber-stamping arbitration agreements” which illustrates the ongoing confusion around and tension over employment contracts. Employment, Labor & Benefits Attorney Don Davis provides commentary.
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.
Don Davis, an attorney in the Mintz Washington, DC office was featured as a Changemaker in Washington Lawyer February 1st publication for his advocacy on behalf of members of the LGBTQ community. Don has served as the President of the LGBT Bar Association of the District of Columbia since 2016.
Don Davis of Mintz authored an article for the Federal Bar Association LGBT Law Section Newsletter regarding Title VII’s explicit proscription against sex discrimination similarly forbids employers from discrimination against individuals who identify as gay, lesbian, or bisexual.
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.