People: Joseph R. Damato, Partner

Photo of Joseph R. Damato, Partner

Joseph R. Damato

Partner

Washington, D.C.
Direct: (202) 828-5354
Fax: (202) 828-5393
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Mr. Damato is a partner focusing his practice on management labor and employment law.  He has extensive experience in the various substantive areas of labor and employment law, with an emphasis on matters arising under the National Labor Relations Act, including collective bargaining and arbitration and National Labor Relations Board proceedings. His experience also includes employment discrimination proceedings, OFCCP and affirmative action matters, wrongful discharge litigation and wage-hour matters.
 
Mr. Damato’s representation of employers has encompassed myriad types of litigation, including arbitration hearings, administrative proceedings and court trials.  In addition to litigation, his practice includes providing day-to-day counseling to a wide variety of employers.  Mr. Damato has been recognized in a number of national rankings, including Legal 500 and Chambers USA 2015.
Mr. Damato is a partner focusing his practice on management labor and employment law.  He has extensive experience in the various substantive areas of labor and employment law, with an emphasis on matters arising under the National Labor Relations Act, including collective bargaining and arbitration and National Labor Relations Board proceedings. His experience also includes employment discrimination proceedings, OFCCP and affirmative action matters, wrongful discharge litigation and wage-hour matters.
 
Mr. Damato’s representation of employers has encompassed myriad types of litigation, including arbitration hearings, administrative proceedings and court trials.  In addition to litigation, his practice includes providing day-to-day counseling to a wide variety of employers.  Mr. Damato has been recognized in a number of national rankings, including Legal 500 and Chambers USA 2015.

Education

  • J.D., George Washington University Law School (1981)
    with honors
  • B.A., Providence College (1978)
    summa cum laude

Admissions

  • District of Columbia

Courts

  • United States Supreme Court
  • U.S. Court of Appeals for the District of Columbia, Fourth and Sixth Circuits
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland

Affiliations

  • American Bar Association, Labor Law Section
  • District of Columbia Bar Association, Labor and Employment Law Section

Representative Engagements

  • Harrison v. Children’s National Medical Center, 678 A.2d 572, (D.C.) affirming entry of summary judgment for employer, holding that employee cannot use accrued sick leave to extend protected leave under D.C.'s FMLA.
  • NTA Graphics, Inc. v. National Labor Relations Board, No. 93-892 (U.S. Sup. Ct.) unit determination case in printing industry; union disclaimed interest after petitioner’s brief was filed, thereby mooting case.
  • Waste Management of Maryland, Inc., 338 NLRB No. 155 reversing Regional Director’s decision that a valid collective bargaining agreement barred holding of a union decertification election.
  • Truesdale v. Pacific Holding Co., 778 F. Supp. 77 (D.D.C.) entry of summary judgment in employer’s favor in case alleging failure to provide COBRA notice.
  • Maynard v. Marion Power Shovel Div. of Dresser Industries, Inc., No. 86-4163 (6th Cir.) affirming jury verdict rejecting age discrimination claim under ADEA.
  • Lewis v. News World Communications, 28 Wage Hour Cases 473 (D.D.C.) decision after bench trial rejecting claim for overtime compensation under FLSA.
  • Weir v. Litton Bionetics, Inc., 41 Fair Emp. Prac. Cas. 1150 (D.Md.) granting in part defendant’s motion for summary judgment in ADEA, ERISA and wrongful discharge action.

Publications

  • Editorial Board Member, Health Care Employment Law Letter (2002-2005)
  • Editorial Advisor, Hospitality Law (2001-2005)
  • Author, “Employers’ Affirmative Action Under the Family and Medical Leave Act,” Employment Discrimination Report, Vol. 2, No. 3, BNA (January 19, 1994) (with Gregory Baylor)
  • Moderator and Chair, “Avoiding Multimillion Dollar Jury Verdicts,” Greater Washington Board of Trade (Sept. 23, 1993)
  • Contributing author, “Fairweather’s Practice and Procedure in Labor Arbitration,” BNA (1991)
  • Co author, “Labor and Employment Law Concerns and Handicap Discrimination Limitations,” Legal Guide to Handling Toxic Substance In The Workplace, Business Laws Inc. (1990)

Recognitions

  • Recognized as a leading lawyer for Labor & Employment by Chambers USA 2015: America’s Leading Lawyers for Business
  • Recognized by “Legal 500 U.S.,” 2011 Edition.
  • Named as one of the “Leading Labor and Employment Lawyers” in Euromoney Legal Media Group’s Guide to the World’s Leading Labour and Employment Lawyers (2004)