Fairfax Va Employment Lawyer-Discrimination-Overtime

Fairfax VA Employment Lawyer

Discrimination

Overtime

(703) 256-1800

This information is provided by a Fairfax VA employment lawyer.  Our firm handles cases involving discrimination, retaliation, harassment, wage and hour law and EEOC claims.  We assist those who have been harmed at work and seek compensation.  We regularly represent employees who have suffered racial discrimination, sexual harassment and or have otherwise suffered unjustly at work.  Case result summaries below are for informational purposes only, and good results in the past do not guarantee good results in the future.  

  • In 2017, resolved a retaliation complaint for $50,000 for a Fairfax VA communications executive terminated shortly after reporting a coworker’s sexual harassment of a secretary.
  • In 2017 resolved an employment law case for nearly a year’s worth of wages for a fired Fairfax VA secretary.
  • In 2017 resolved an employment law claim for unpaid wages and false tax advisements for two construction workers for $23,000.
  • In 2017 resolved an employment law claim for unpaid wages and false tax advisements for a clerk at a dry cleaner’s for $17,500.
  • In 2017, obtained a judgment in excess of $250,000 against the owners of a restaurant for wage theft. Khaer et al v. Al Kawthar International LLC. et al., 1:16-cv-00652-JCC-MSN (EDVA).
  • In 2016, working with a team of civil rights lawyers, assisted in the prosecution and settlement of a case involving an Alexandria VA African-American subjected to racial discrimination and unjustly accused of shoplifting at a major department store. Berry v. Target Corporation et al., 1:16-cv-00897-TSE-MSN (EDVA)
  • In 2016, $40,000 confidential severance agreement for a wage theft whistle blower in Falls Church VA who reported a company for failing to pay overtime.
  • In 2016, settled a six figure employment law case for the wrongful termination of an epileptic terminated for missing work due to seizures and her employer’s failure to accommodate her disability.
  • In 2016, worked with a team of lawyers fighting unfair HOT lane violations in Alexandria Federal Court.  The HOT lane law was later changed.  Brown et al v. Transurban USA, Inc. et al, No. 1:2015cv00494(E.D. Va. 2016)
  • In 2016, obtained a six figure settlement against bakery owner for wage theft.  Andree et al v. Kamawi Inc. et al., 1:15-cv-01338-JFA (EDVA)
  • In 2016, obtained a court-approved settlement in excess of $120,000 for five housekeepers denied overtime and meal breaks in Washington, DC.  Martinez et al v. Cinderella Services Inc. et al 1:16-cv-00391-AJT-MSN (EDVA)
  • In 2016, settled an employment law claim based on female against male harassment and wrongful termination for an Arlington VA retail store clerk against a Fortune 500 company for $85,000.
  • In 2016, after four years of investigation, resolved a reverse discrimination case for $80,000 on behalf of a Fairfax hospital worker forced to quit her job.
  • In 2016, negotiated an age discrimination settlement for a former hotel desk clerk for $65,000 against an Alexandria VA hotel.
  • In 2015, resolved an employment case for nurse terminated by a federal agency allowing for reinstatement with back pay and legal fees.
  • In 2015, negotiated a confidential settlement for  retail worker assaulted by a co-worker in Fairfax VA.
  • In 2015, settled a sexual harassment employment law case involving a federal agency for $100,000.  The harasser was demoted and disciplined.  The federal employee continued at her position and was protected from further reprisal.
  • In 2015, obtained a $10,000 settlement for a wrongfully terminated Vienna VA at-will employee and a convicted sex offender.
  • In 2015, settled a six figure wrongful termination employment case for a Fairfax nurse terminated for reporting abuse of patients by nursing home staff.
  • In 2015, obtained a confidential settlement in excess of $140,000 against the owner of an interstate flooring company for overtime wages and penalties for four warehouse workers.
  • In 2015, negotiated a favorable severance agreement for a single father who was threatened with termination for missing work to care for his child.
  • In 2014, obtained $10,000 on a sexual harassment employment claim for a victim who was terminated after failing a drug test in Arlington VA.
  • In 2014, successfully obtained a class wide settlement for female striking bus drivers in Arlington VA alleging unlawful harassment.
  • In 2014, obtained a confidential settlement in excess of $65,000 for five housekeepers who were denied overtime pay and meal breaks.
  • In 2013, obtained a confidential settlement in excess of $80,000 for four housekeepers in Alexandria, Va who were denied overtime pay and meal breaks.
  • In 2013, after nearly a year of whistle blower litigation, negotiated a confidential settlement for $100,000 for unpaid commissions and back pay for a wrongfully terminated, nonprofit executive in Arlington VA who reported the company’s failure to pay overtime for laborers.
  • In 2013, obtained a settlement in excess of $100,000 for five undocumented warehouse workers who were denied overtime, meal breaks and water breaks.
  • In 2013, after a three-day jury trial in Federal Court in Washington, DC, obtained a confidential settlement for an African-American employee who reported acts of discrimination and was subsequently fired. Joyce v. GDC Contractors Inc., 1:12-cv-00182-RLW (D.D.C.).
  • In 2013, settled a claim of pregnancy discrimination against a college for $40,000 after an employee received a write-up for pumping breast milk.
  • In 2013, negotiated resolution providing nearly a year of severance pay for a teacher fired after she became too sick to work.
  • In 2013, obtained nearly a year of severance pay for a defense contractor terminated for behavior associated with an untreated mental illness.
  • In 2011, favorably settled a confidential business dispute for $950,000. The client paid no legal fees up front.
  • In 2010, obtained a confidential six figure settlement in an employment law case for a Fairfax VA woman terminated from her position as a secretary for reporting her boss’s racist behavior.
  • In 2009, obtained an confidential settlement on behalf of an Alexandria VA security guard terminated for praying. A-Ahmed v. U.S. Security Associates, Inc., 1:09-cv-00253-LMB-IDD. (EDVA)
  • In 2007, with a team of lawyers obtained a judgment including punitive damages and penalties for securities fraud involving the sale of a restaurant to an immigrant family. Arias v. Jokers Wild, Inc., 73 Va. Cir. 281 (Fairfax Co. 2007).
  • As a law student, assisted in drafting the appeals for two Fairfax African-American trash truck drivers.  On remand the case resulted in the largest racial discrimination verdict in Virginia history; over $5,000,000.00 for two drivers.  White v. BFI Waste Servs., LLC, No. 1:02-cv-01832 (EDVA) see also Washington Post, “2 Trash Men Each Awarded 2.6 Million Dollars in Bias Suit” p. B1, B4 (December 22, 2004).

Experienced Fairfax VA Employment Lawyer

Representative Cases

  • Discrimination
  • Harassment
  • Retaliation
  • Wage & Hour
  • Whistle Blower

Matthew Sutter on NBC

What is Wage Theft?

Wage Theft is the nonpayment or under-payment of wages.

  • Employees are not paid minimum wage or overtime
  • Employees do not receive a final paycheck
  • Employees are not paid for time worked
  • Employers misclassify employees as  independent contractors to avoid paying minimum wage and overtime
  • Employers take illegal deductions from an employee’s paycheck

What are the federal laws prohibiting Job Discrimination?

  • Civil Rights Act of 1964
  • Equal Pay Act of 1963
  • Age Discrimination in Employment Act of 1967
  • Title I and Title V of the Americans with Disabilities Act of 1990
  • Sections 501 and 505 of the Rehabilitation Act of 1973
  • Civil Rights Act of 1991

There are other federal laws prohibiting employment discrimination and retaliation and some state and local regulations may apply.

Can I sue for a Hostile Work Environment?

Verbal or physical conduct based on race, color, religion, sex, national origin, age, disability, or retaliation, may amount to unlawful harassment.  If the conduct is sufficiently severe or pervasive to create a hostile work environment; or if a supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (demotion, termination, failure to promote, etc.), there may be a right to sue.

My boss says I’m a contractor. Does that mean I cannot get overtime pay?

Even "contractors" can be entitled to overtime pay.  How your boss labels you may not matter under federal law. Accordingly to the Department of Labor, the factors that a court will consider are: 1) The extent to which the work performed is an integral part of the employer’s business; 2) Whether the worker’s managerial skills affect his or her opportunity for profit and loss; 3) The relative investments in facilities and equipment by the worker and the employer; 4) The worker’s skill and initiative; 5) The permanency of the worker’s relationship with the employer; and 6) The nature and degree of control by the employer.

Does my employer have to pay me overtime and my “fringes” on government funded projects?

Yes. Recently a federal appeals court ruled that when the FLSA requires overtime be not less than one and one-half times the regular rate at which the worker is employed, the ‘regular rate’ to be used for this calculus is the rate set forth under the Davis Bacon Act. See Jorge Amaya v. Power Design, Inc., 15-1691 (4th Cir. 2016)