Amanda M. Weaver
Amanda Weaver advises employers on compliance with various state and federal employment laws. She helps clients maintain compliance with anti-discrimination laws such as the Americans with Disabilities Act, the Fair Labor Standards Act, and Title VII, and similar state anti-discrimination and accommodation laws, including advising clients on compliance with discrimination laws that pertain to the rapidly evolving area of gender identity and transgender/transitioning employees. Amanda also assists employers with compliance under the Occupational Safety and Health Act and the Virginia Occupational Safety and Health (VOSH) program, and she advises employers on compliance with the requirements of the Family Medical Leave Act and the National Labor Relations Act.
In addition, Amanda helps employers ensure compliance with the Fair Credit Reporting Act (FCRA) — including drafting FCRA-compliant disclosures and notices. She regularly assists employers on compliance matters related to worker classification, paid sick leave laws and wage payment laws, including state wage payment laws and the Fair Labor Standards Act. Amanda also provides counsel related to human resource matters, including employee handbooks and policies, employment agreements, separation agreements and releases, restrictive covenants (including non-competes) and personnel matters.
When employers face litigation, Amanda counsels them to help find and achieve the best solution. She defends clients in cases involving discrimination claims, FMLA claims, wage payment, overtime, and misclassification claims, defamation claims, Occupational Safety and Health Administration (OSHA) citations and EEOC charges of discrimination, among others. She also litigates on behalf of companies both enforcing and defending breach of contract and restrictive covenant enforcement actions, trade secret misappropriation claims, defamation, and similar business tort claims.
Amanda is listed among the Best Lawyers® – "Ones to Watch" (2021-present) and among the "Legal Elite" from Virginia Business magazine (2019-present). She also serves on the board of directors of Virginia21.
Amanda earned her Juris Doctor degree from the University of Richmond School of Law, where she graduated magna cum laude and was a member of the University of Richmond Law Review, the Moot Court Board and the Trial Advocacy Board, as well as the McNeill Law Society. She also earned a Bachelor of Arts degree in Art History and German Studies from Duke University.
- University of Richmond School of Law (J.D.)
- magna cum laude
- Order of the Coif
- John Marshall Scholar
- McNeill Law Society
- University of Richmond Law Review
- Duke University (B.A. Art History and German Studies)
- magna cum laude
Professional Affiliations
- Virginia21 - Board of Directors
Bar Admissions
- Virginia State Bar
Virginia Business - "Legal Elite," Young Lawyer (2019-present), Labor Employment 2022
Virginia Super Lawyers - "Rising Star" Employment & Labor (2020-present)
Best Lawyers® – "Ones to Watch" for Labor and Employment Law – Management (2021-present)
Virginia Lawyers Weekly - "Up & Coming Lawyers" (2023)
Experience
Employment Counseling
- Counseled employers of all sizes regarding policy and disciplinary matters implicating Title VII, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Older Workers Benefit Protection Act (OWBPA), and other state and federal discrimination obligations, including assisting with internal investigations of harassment and discrimination complaints.
- Assisted employers of all sizes in evaluating and responding to requests for accommodation under the ADA and requests for protected leave under the Family and Medical Leave Act (FMLA) and related state laws.
- Drafted and updated employee handbooks and other employment policies, including parental leave policies, pregnancy accommodation policies in the Pregnant Workers Fairness Act (PWFA), and independent contractor classification policies.
- Drafted and negotiated executive employment agreements, restrictive covenant agreements, separation agreements, and similar contracts.
- Performed Fair Labor Standards Act (FLSA) exemption audits of various positions under the administrative, executive, professional, outside sales, and other exemptions.
- Assisted employers in responding to charges of discrimination (Equal Employment Opportunity Commission - EEOC, Virginia Office of Civil Rights), wage complaints (U.S. Department of Labor - DOL, Virginia Department of Labor and Industry - DOLI), Virginia Employment Commission (VEC) audits, and other administrative proceedings.
- Assisted employers in preparing for Occupational Safety and Health Administration (OSHA) and Virginia Occupational Safety and Health (VOSH) inspections and successfully negotiated resolutions of citations.
Employment Litigation
- Defended a higher education institution in a lawsuit brought by a former employee alleging sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964.
- Defended a residential construction company in a lawsuit brought by two former employees alleging discrimination and failure to accommodate under the Americans with Disabilities Act (ADA) and retaliation under the Family and Medical Leave Act (FMLA).
- Represented a large HVAC company in response to a Virginia Occupational Safety and Health (VOSH) Law/Occupational Safety and Health Administration (OSHA) citation and lawsuit alleging willful violations arising out of a fatal accident involving a subcontractor’s employee.
- Defended a regional behavioral healthcare organization in a Fair Labor Standards Act (FLSA) class/collective action in which employees alleged that they were misclassified as exempt from minimum wage and overtime and were not paid wages and overtime for all hours worked.
- Represented a seasonal recreational organization in claims that it failed to pay workers overtime under FLSA or at a rate sufficient to meet Virginia minimum wage obligations, as well as claims that it employed youth in impermissible occupations under child labor laws.
- Defended a home health care agency in a Department of Labor (DOL) audit and resultant litigation related to allegations of unpaid wages to in-home service providers under the FLSA.
- Represented a governmental entity in a lawsuit filed in Virginia state court alleging retaliation claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA) in which the former employee claimed he was denied promotions due to his military service obligations.
- Defended a government contractor in a lawsuit brought by a former employee alleging discrimination and retaliation on the basis of age under the Age Discrimination in Employment Act (ADEA).
- Defended a staffing company in a Worker Adjustment and Retraining Notification (WARN) Act class action in which the plaintiffs alleged that they were improperly removed from their COVID-19 patient call center positions when the pandemic was declared over, without receiving 60 days’ notice of termination.
- Represented a governmental entity in a lawsuit brought by a former employee against the agency and individual employees alleging violations of Virginia's Fraud and Abuse Whistle Blower Protection Act and wrongful termination under Virginia law.
- Represented a multistate real estate agency in enforcing its contractual rights and pursuing business tort and statutory trade secret claims against former employees.
- Assisted medical practices and regional health systems in defending Equal Employment Opportunity Commission (EEOC) charges and related litigation alleging claims of discrimination, harassment, retaliation, and failure to accommodate under federal and state laws.
