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 2018, settled wrongful termination claim of injured Fairfax Va retail store manager for $35,000 who was fired after falling off ladder.
  • In 2018 a verdict for four times the amount of unpaid overtime for a 7-Eleven employee in Washington D.C.  Alam v. Khan et al, SC2017-2214 (D.C. Superior Court 2018)
  • In 2018 settled a wrongful termination claim for $34,000 for a Loudoun VA groundskeeper who was terminated after suffering a seizure at work.
  • In 2018, prevailed on a plaintiffs’ summary judgment motion for unpaid overtime for two Fairfax Va bartenders.  The court ordered $46,964,94 in unpaid wages and damages and reasonable attorneys’ fees and costs in the amount of $41,098.50.  See Riggle et al v. The Revolution Darts and Billiards-Centreville, LLC et al, Case 1:17-cv-00792-CMH-IDD (E.D. Va. 2018)
  • In 2018 resolved a wrongful termination claim for two Alexandria Va deli workers who complained about unsanitary conditions and were terminated.  Amer Boshra Sabet et al. v. The Fresh Market, Inc., Case 1:17-cv-01006-LO-MSN (E.D. Va.)
  • In 2018 resolved a race-based wrongful termination claim for an Alexandria Va medical worker for $40,000.
  • In 2018 resolved a claim for unpaid overtime for an Arlington, Va cook/dishwasher against a local restaurant for $20,000.
  • In 2018, after beating the defendant’s summary judgment motion, resolved a wrongful termination claim for a medical tech who was falsely accused of forging a doctor’s note. Jane Bailey v. Quest Diagnostics, Inc., Case No.: 1:17-cv-00625-TSE-JFA (E.D. Va.)
  • In 2018 resolved a claim for unpaid commissions for two Washington DC salesmen under DC wage payment laws against an international consulting firm.  Travis Dennis, et al. v. IHS Markit Inc., Civil Action No. 1:17-cv-01658-TSC (D.D.C.
  • In 2018, settled two claims of anti-Hispanic harassment and wrongful termination against a Loudoun manufacturer whose manager chastised Hispanics for not speaking English for $28,000.  The manager was fired.
  • In 2018 settled a claim for an undocumented laundromat worker in Fairfax who was denied breaks and overtime pay for $13,000.
  • In 2018 settled a claim for an undocumented Loudoun house cleaner who was fired after she became injured cleaning an apartment for $10,000.
  • In 2018 settled a claim of wrongful termination for a cook at a Fairfax Va retirement home for $18,500.
  • In 2017, after discovering from the IRS that her payroll taxes had not been paid, negotiated a resolution where her former employer paid $17,500 for a Fairfax Va to a consultant.  Client’s former employer remained also responsible for  the unpaid taxes.
  • In 2017 settled a claim for unpaid commissions owed to an Alexandria, Va showroom worker for $7,500.
  • In 2017 settled a claim of retaliatory discharge for $30,000 on behalf of a Loudoun warehouse worker who had previously complained about sexual harassment.
  • In 2017 settled an employment law retaliation claim against a non-profit for a Human Resources professional in excess of $45,000.  She complained about racist behavior and after she was subjected to an organization-wide reduction in force.
  • In 2017 settled an overtime claim for a Fairfax Va laundromat worker for $10,000.  Our client’s wages were paid in full and she paid no legal fees. The defendants paid the legal fees.
  • In 2017 obtained a reversal of unemployment benefits on appeal in Fairfax County for a wrongfully accused medical technician.  The court ruled that denying our client her unemployment benefits was “unreasonable, legally deficient, arbitrary and capricious.”  The case was reported in Virginia Lawyers Weekly.
  • In 2017, obtained a judgment for $25,000 and $17,425 in legal fees for an Alexandria Va maintenance worker who was terminated for complaining about not getting overtime pay.
  • In 2017 settled a class action complaint on behalf of Spanish speaking service workers involving unfair arbitration agreements.
  • In 2017 resolved an invasion of privacy claim for an Alexandria retail worker who’s confidential medical information was unlawfully disclosed by his manager.  The manager was fired and the worker received $40,000.
  • In 2017 resolved a FMLA claim for $20,000 for a janitor who was accused of quitting his job when in fact he was at home sick.
  • In 2017 negotiated a settlement for a quid pro quo sexual harassment claim for a constructively discharged Alexandria, Va secretary for a year’s worth of wages.
  • In 2017 negotiated a $30,000 settlement for unpaid overtime for two security guards.
  • In 2017 negotiated a settlement for twenty teacher aids for nonpayment of wages. Each claimant was paid in full and the defendants paid the legal fees.
  • 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 successfully negotiated a mechanic’s lien claim for an undocumented and unlicensed contractor.
  • In 2016 settled a claim of unpaid overtime for a Alexandria Va lot attendant for $15,000.  The payments took over a year to come in and we collected every penny.
  • 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 negotiated a religious and racial harassment claim for a Woodbridge, Va receptionist for nearly a year’s worth of wages after she protested unfair treatment by supervisors of her co-workers.
  • In 2016 negotiated a sexual harassment and battery claim for a terminated Alexandria Va female call center worker for $40,000.
  • 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 Va 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 settled a claim for unpaid overtime wages for a Falls Church Va dishwasher of a Chinese restaurant for $12,000.
  • In 2015 our client, an H-1B visa holder from Manhattan, NY was threatened with a lawsuit for breaching a non-compete by his former employer in Reston, Va.  His employer ended up paying our client $12,500 in order to avoid paying overtime penalties and was released from the non-compete.
  • In 2015 after her boss made comments about her hair, settled a claim of racial discrimination and hostile work environment for over $15,000 for a female African American from Alexandria, Va.
  • In 2015 settled a wrongful termination claim for a Prince William Va trash truck driver for $30,000 after he got fired after smashing his finger on a dumpster
  • 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 Va 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 settled a claim for wrongful termination for a Prince William Va tire store clerk who was fired after he was hospitalized for cancer.
  • In 2014 settled a claim of unpaid overtime for $10,000 for a Fairfax, Va 7-Eleven store clerk
  • 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 settled a claim for an Alexandria, Va marketing executive for $85,000 in past due salary and commissions.
  • In 2013 settled a claim for unpaid wages for a Prince William Va salesman against a local HVAC supplier.
  • In 2013 settled a claim for unpaid meal breaks for a Prince William, Va moon bounce operator for $6,000.
  • In 2013 settled a hostile work environment claim and claim for unpaid breaks for an undocumented, Arlington, Va transgendered house cleaner.
  • In 2013 settled a claim for overtime for a mis-classified baker. Angel Brizuela v. Serendipitous, Inc., et al., Case No.: 1:13-cv-01228-AJT-JFA (E.D.Va.)
  • In 2013 negotiated a severance for an Alexandria Va pregnant woman for four months salary against a local housing agency.
  • In 2013 negotiated a severance agreement for a terminated Fairfax Va employee for age discrimination against an overseas contractor.
  • In 2013 settled a claim of wrongful termination for $37,500 for an Alexandria, Va  gift shop employee who was terminated after becoming too sick to work.
  • 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 resolved class wide claims of sexual harassment and gender discrimination for female employees of a large refuse company.
  • 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, 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 a 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 2012 negotiated a severance for a terminated pregnant Woodbridge Va government contractor for $35,000 who was terminated for pretextual reasons.
  • In 2012 settled a claim of unpaid overtime for an Alexandria Va retail worker against an gourmet food provider.
  • In 2012 negotiated a settlement of overtime claims for a safety officer who was forced to drive a bus when the union drivers were on strike.  Antony Phillips v. Forsythe Transportation Inc., Case No. 01:12cv1013-LMB/TCB
  • In 2012 negotiated a settlement for a Washington D.C. desk clerk who became too disabled to work due to Multiple Sclerosis.
  • In 2012 negotiated a severance for an Alexandria, Va dental tech.
  • In 2012 negotiated a severance for over $20,000 for a pregnant secretary from Waldorf MD
  • In 2012 settled a wrongful discharge claim for a Prince William Va bread truck driver for over $10,000 who was terminated after he complained about his back hurting.
  • In 2012 our out-of-state client was sued for breaching a non-compete in the City of Alexandria Circuit Court.  The case settled.  His employer ended up paying him $16,500 to settle his unpaid overtime claim.
  • In 2012 settled a claim for $30,000 for an Alexandria Va alcoholic who was fired despite his promises to enter into rehab.
  • In 2011 settled a claim of overtime for an Alexandria Va janitor.
  • In 2011 settled a claim of wrongful termination for a Fairfax Va secretary who complained of racial profiling in government contract hiring for $100,000.
  • 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 2010 settled a claim of gender discrimination for an Alexandria Va hotel worker who was terminated after she complained about being called a “diva” by her boss.
  • In 2010 negotiated a severance for an Alexandria Va pregnant woman for six months salary against a national non-profit.
  • In 2010 negotiated a settlement of $40,000 of unpaid wages for a Fairfax Va bookkeeper and collected every penny after years of collection efforts. Never forget to pay the bookkeeper.
  • 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 2008 confidential settlement for a mechanic who was teased for hearing loss and his age. Frazier v. Aerojet Corporation, Civil Action No. 1:07cv513 CMH/LO (E.D. Va.)
  • 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)