Daniel A. Katz

Daniel A. Katz

Partner/Senior Counsel
Chair, Wage & Hour Practice Group
Location:
Silver Spring, Maryland
Phone:
301-608-0880
Fax:
301-608-0881
Email:

Mr. Daniel A. Katz is Partner/Senior Counsel at Gilbert Employment Law with extensive experience representing plaintiffs in wage and hour and discrimination litigation in federal and state courts. He also represents individuals before the Equal Employment Opportunity Commission and state and local fair employment practices agencies.
Reflecting his concern with the rights of low-income workers, Mr. Katz served as a founding member of the Board of Directors of the District of Columbia Employment Justice Center. He provides pro bono legal services to low-income workers through that agency, as well as to Hispanic and immigrant workers through pro bono assistance provided to numerous non-profit community organizations, including First Shift (Washington, D.C.), the Maryland Legal Aid Bureau, the Maryland Women's Law Center, the Sexual Assault Legal Institute, and the Public Justice Center. He is active in the plaintiffs' employment bar through the National Employment Lawyers Association, and its affiliates the Metropolitan Washington Employment Lawyers Association (MWELA), and the Maryland Employment Lawyers Association (MELA).
Mr. Katz regularly presents on employment law topics at Continuing Legal Education programs sponsored by the District of Columbia Bar Association, the Maryland State Bar Association, as well as NELA, MWELA, and MELA. He has also submitted amicus ("friend of the court") briefs to appellate courts in Maryland and the District of Columbia.

Education

  • J.D., summa cum laude, District of Columbia School of Law
  • B.A., Hampshire College

Bar & Court Admissions

  • District of Columbia
  • Maryland
  • U.S. Supreme Court
  • U.S. District Court of the District of Columbia
  • U.S. District Court District of Maryland
  • U.S. Court of Appeals 4th Circuit
  • U.S. Court of Appeals District of Columbia Circuit
  • U.S. Court of Appeals Federal Circuit
  • U.S. Court of Federal Claims

Areas of Practice

  • Wage and Hour
  • Discrimination Litigation

Published Works

  • U.S. District Court Provides Analysis of Maryland and Federal Wage Laws, Metropolitan Washington Employment Lawyers Association (MWELA), Vol. 15 No. 5, 2005
  • Issues in Litigation Under the Federal and Maryland Wage and Hour Statutes, "The Trial Reporter", Maryland Trial Lawyers Association, Summer, 2005
  • Contributing Attorney, Amicus Brief, Metropolitan Washington Employment Lawyers Association (MWELA), 373 Md. 501, 819 A.2d 354, 2003
  • Contributing Editor, Applying for Temporary Status, Immigrant Legal Resource Center
  • Federal Court Vindicates Salvadoran Refugee Rights, Immigration Newsletter, Vol. XVI, No.6
  • Contributing Editor, Legal Case Management Manual, National Center for Immigrants Rights
  • Court Affirms Salvadoran Refugee Rights, Human Rights Internet, Harvard Law School, Vol. 12, No. 3
  • Joint Employment Under the Fair Labor Standards Act, Maryland State Bar Association, Section of Labor and Employment Law, Vol. XXI, No. 5, Fall 2016.
  • Discovery Issues When Representing Immigrants, Maryland Association for Justice, Trial Reporter, Summer 2014.
  • Hot Topics in Wage and Hour Litigation, Maryland Bar Journal, November/December 2013

Representative Cases

  • Amaya, et al. v. Power Design, 833 F.3d 440 (4th Cir. 2016). This decision established circuit precedent that employees who should be paid pursuant to federal prevailing wage laws may bring litigation under the Fair Labor Standards Act to recover unpaid overtime wages, and that the correct measurer of those damages are the wages set by the David-Bacon Act, not the lesser wages the plaintiffs were paid.
  • Butler, et al. v. DirectSat USA, LLC, et al., 307 F.R.D. 445 (D.Md. 2015). This decision rejected Defendants’ attempt to de-certify the collective action conditionally certified in Butler, et al. v. DirectSat USA, LLC, et al., 876 F.Supp.2d 560 (D.Md. 2012) and rejected Defendants’ attempt to bring an interlocutory appeal on the issue of certification of the collective action. The Court also granted Plaintiffs’ motion for reconsideration and ruled that Plaintiffs could also seek unpaid overtime wages, and potentially treble damages, under the Maryland Wage Payment and Collection Law.
  • Sarceno, et al. v. Choi, et al., 66 F.Supp.3d (D.D.C. 2014). This decision denied summary judgment to Defendants who claimed to have reached a prior, enforceable settlement of unpaid overtime claims with previously unrepresented plaintiffs. The Court ruled that the prior “settlement agreements” signed by unrepresented, non-English speaking employees, who were not aware of their rights under the FLSA, were the product of illegal overreaching by the employer, and therefore were no bar to the plaintiffs seeking unpaid wages.
  • Peters v. Early Heathcare Giver, Inc., 97 A.3d 621, 439 Md. 646 (2014)(co-authored amicus curiae brief). This decision held that unpaid minimum wages and unpaid overtime wages could be recovered under Maryland’s Wage Payment and Collection Law, which allows for the awarding of treble damages. The Court explicitly rejected prior federal court decisions that held that unpaid minimum wages or overtime wages were not subject to the treble damages provision of the statute.

Honors and Awards

  • Superlawyer, Maryland and District of Columbia, 2013-present
  • District of Columbia Employment Justice Center Co-Counsel of the Year, 2012

Professional Associations and Memberships

  • Metropolitan Washington Employment Lawyers' Association (MWELA), Board of Directors, 2005 - Present
  • Maryland Employment Lawyers Association (MELA)
  • National Employment Lawyers Association
  • District of Columbia Bar Association
  • Maryland State Bar Association
  • District of Columbia Trial Lawyers Association