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Don J. Foty

Foty Law Group > Don J. Foty
Portrait of Don Foty

Don J. Foty

Founding Partner

Don’s Background

Don Foty is an experienced trial lawyer that specializes in representing individuals in class and collective action lawsuits as well as those 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 lawsuits, including cases involving unpaid pre- and post-shift screenings, tip credit disputes, employee 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.

 

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.

 

  • “Class counsel’s skill, knowledge, reputation, and experience is well-recognized in FLSA cases such as this.” Sandras v. Expeditors & Production Serv. Co., No. Civ. A. 16-0239, 2019 WL 658819, at *2 (W.D. La. Feb. 13, 2019).

 

  • “Counsel for the plaintiffs has appeared multiple times in this Court with success on most, if not all, occasions.” Sandras v. Expeditors & Production Serv. Co., No. Civ. A. 16-0239, 2019 WL 658819, at *3 (W.D. La. Feb. 13, 2019).

 

  • “Furthermore, both [the named plaintiff] and his counsel have vigorously prosecuted this action on behalf of the California Class, and nothing in the record suggests that they will not continue to do so.” Swamy v. Title Source, Inc., No. Civ. A. 17-01175-WHA, 2018 WL 1586139, at *2 (N.D. Cal. Apr. 2, 2018).

 

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.

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Verdicts & Settlements Include

  • $11 million settlement for a wage and hour collective action and class action
  • $10.7 million verdict in a daycare abuse case
  • $10 million settlement in a wage and hour collective action
  • $5.5 million settlement in a wage and hour class action
  • $5.2 million settlement in a wage and hour class action
  • $5.2 million settlement in a wage and hour collective action
  • $5.1 million settlement in a wage and hour collective action
  • $4.9 million settlement in a wage and hour collective action
  • $4.35 million settlement in a wage and hour class/collective action
  • $4 million settlement in a wage and hour class/collective action
  • $4 million settlement in a wage hour collective action
  • $2.8 million settlement in a wage and hour collective action
  • $2.7 million settlement in a wage and hour collective action
  • $2.4 million settlement in a wage and hour collective action
  • $2.35 million settlement in a wage and hour class/collective action
  • $2.3 million settlement in a wage and hour collective action
  • $1.8 million jury verdict in a medical malpractice case
  • $1.7 million settlement in a wage and hour collective action
  • $1.5 million settlement in a wage and hour collective action
  • $1.45 million settlement in a wage and hour collective action
  • $1.4 million settlement in a wage and hour collective action
  • $1.3 million settlement in a products liability case
  • $1.2 million settlement in a wage and hour class action
  • $1.1 million settlement in a wage and hour collective action
  • $1.1 million settlement in an industrial accident case
  • $1 million settlement in a workplace explosion case

Areas Of Practice

  • Class and collective actions
  • Wage and Hour
  • 18-Wheeler Truck Accidents
  • Medical Malpractice
  • Birth Injuries
  • Pharmacy Malpractice
  • Industrial Accidents
  • Products Liability
  • Recalled Products
  • Commercial Litigation
  • ERISA
  • WARN Act

Certified Legal Specialties

  • Board Certified, Personal Injury Trial Law, Texas Board of Legal Specialization

Bar Admissions

  • State Bar of Texas
  • U.S. District Court Eastern District of Texas
  • U.S. District Court Northern District of Texas
  • U.S. District Court Southern District of Texas
  • U.S. District Court Western District of Texas
  • U.S. District Court District of Colorado
  • U.S. District Court District of North Dakota
  • U.S. District Court Northern District of Illinois
  • U.S. District Court Southern District of Illinois
  • U.S. District Court Central District of Illinois
  • U.S. District Court District of Maryland
  • U.S. District Court Eastern District of Michigan
  • U.S. District Court District of New Mexico
  • U.S. District Court Western District of Oklahoma
  • U.S. District Court Northern District of Ohio
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 7th Circuit
  • U.S. Court of Federal Claims

Education

  • University of Houston Law Center
    • Doctor of Jurisprudence
  •  The University of Texas at Austin
    • Bachelor of Business Administration
    • Business Honors Program

Honors & Awards

  • Texas Monthly and Thomson Reuters “Rising Star,” 2012 – 2020
  • Texas Monthly and Thomson Reuters “Super Lawyer,” 2021
  • Named as a “Top 40 Trial Lawyer Under 40” by The National Trial Lawyers Association
  • Top 100 Civil Trial Lawyers – The National Trial Lawyers Association
  • Top 100 Employment Attorneys – The National Advocates
  • Top 10 Attorneys Under 40 in Texas, National Academy of Personal Injury Attorneys, 2014
  • Million Dollar Advocates Forum Member
  • Named one of Houston’s Top Lawyers by Houstonia Magazine

Professional Associations & Memberships 

  • The State Bar of Texas
  • Bar Association of the Fifth Federal Circuit
  • National Employment Lawyers Association
  • Texas Trial Lawyers Association
  • American Association for Justice
  • Distinguished Faculty, Houston Bar Association

Articles & Speeches