Don J. Foty

Don’s Background

Don Foty is an experienced trial and appellate lawyer that specializes in representing workers in class and collective action lawsuits as well as individuals suffering from severe personal injuries. He is considered an industry expert on wage and hour matters, including matters pertaining to the Fair Labor Standards Act. He has served as class counsel in over 100 wage and hour class actions and/or collective actions across the country.

For 20 years, he has represented workers against some of the largest companies in various unpaid wage disputes, including cases involving unpaid pre- and post-shift screenings, tip credit disputes, overtime misclassification disputes, regular rate miscalculation claims, independent contractor misclassification disputes, claims for compensation for working off-the-clock, fluctuating workweek disputes, claims for unpaid meal periods, and claims for unpaid waiting and travel time, amongst other unpaid wage claims.

In 2025 and 2026, he successfully prevailed before the Illinois Supreme Court and the Nevada Supreme Court in a pair of landmark decisions against Amazon.  Johnson v. Amazon.com Servs., LLC, 2026 IL 132016 (Mar. 19, 2026); Malloy v. Amazon.com Servs., LLC, 578 P.3d 634 (Oct. 30, 2025). Both courts reached unanimous decisions in favor of Mr. Foty’s clients.

Throughout his career, he has recovered hundreds of millions in settlements and verdicts for his clients. The Mayor of the City of Lancaster, California has commended Mr. Foty and stated: “Don J. Foty demonstrated excellence in trial advocacy,” “through outstanding legal prowess, Mr. Foty achieved for his client, an equitable remedy noteworthy of recognition,” and “Mr. Foty exemplified the skill of a true litigator through defense of his client.”

Several courts have also noted the success of Mr. Foty in unpaid wage disputes, including the following courts.

Mr. Foty has been recognized as one of the top 100 civil trial lawyers in the U.S. by the National Trial Lawyers Association, one of the top 100 lawyers in the U.S. in employment law by the National Advocates, and as a “Super Lawyer” in Texas by the Super Lawyers publication.

Given his knowledge and experience, Mr. Foty has written for the American Bar Association, Houston Bar Association, and the Houston Lawyer Magazine on wage and hour matters. He has also been regularly interviewed by local and national news organizations on various subjects related to the civil justice system and many of his cases have been featured nationally in the media.

He attended The University of Texas at Austin where he studied finance and was admitted into the Business Honors Program, where selection is reserved only for top students. After graduating from The University of Texas at Austin, he attended the University of Houston Law Center.