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Counsel
Labor & Employment
McLean
(703) 714-7508 Phone
(703) 714-7410 Fax
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| Practices |
Labor & Employment
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Counsel on the Labor and Employment Law Team. Practice focuses on every aspect of labor and employment-related matters, including employment discrimination, sexual harassment, labor relations, non-competition and confidentiality agreements, wage-hour issues, and family and medical leave. Extensive experience in state and federal courts, in administrative agencies, and before labor arbitrators. Advice and counseling almost daily.
Relevant Experience 
- National practice. Has appeared in court as counsel of record in 10 states and the District of Columbia. State-law advice has included considerable counsel on California's meal and rest period laws.
- First defeated conditional class certification, then obtained summary judgment for school district in FLSA case raising issue of whether non-exempt school employees are "volunteers" when coaching the athletic teams (Virginia).
- For health care company, obtained immediate motion to dismiss of entire whistleblower suit (Minnesota), immediate motion to dismiss of wrongful discharge and defamation claims (Michigan), and summary judgment on national origin discrimination suit (Massachusetts).
- Obtained summary judgment for financial services institution accused of race, gender, and age discrimination (District of Columbia).
- On behalf of health care company, uncovered financial improprieties by plaintiff and caused her to dismiss sexual harassment lawsuit (Florida).
- Achieved dismissal of breach-of-contract action against transportation company based on federal preemption under the Labor Management Relations Act (Virginia), and obtained summary judgment for same company in a duty of fair representation case (District of Columbia).
- Obtained injunction for software company prohibiting former employee from violating non-competition agreement (Virginia).
- For apparel retailer, obtained immediate motion to dismiss of racial discrimination claims by manager (New York).
- Successful arbitration of discharge claim against hotel, and summary judgment obtained when employee filed race discrimination and retaliation lawsuit (Virginia).
- Achieved summary judgment for food services company in race and gender discrimination case (Virginia).
- Participated on behalf of health care company in several union election campaigns, all victorious, including pre-election representation hearing (Ohio).
- Notable experience outside of the labor/employment context includes successful trial defense of package shipping claim under the federal common law of air carriage; successful briefing on behalf of several steel companies before the International Trade Commission in the 2001 global steel import investigation; successfully defended seafood retailer against injunction motion brought under government-contract law and civil rights laws; and successful defense of lemon law claims.
Membership
- Member, Virginia State Bar and District of Columbia Bar.
- Member, U.S. District Court for: Eastern District of Virginia; Western District of Virginia; District of Columbia; Eastern District of Michigan.
- Member, U.S. Court of Appeals for: Fourth Circuit; District of Columbia Circuit.
- Member, American Bar Association.
Education - J.D., Tulane University Law School, 1994
- B.A., Virginia Polytechnic Institute and State University, 1985
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Jeffrey Hardie
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