Joshua D. Xavier

Associate

Joshua defends employers in courts and administrative agencies in actions concerning wage and hour disputes, discrimination claims, noncompete enforcement and other claims. He also counsels employers on a variety of employment related topics, such as handbooks, terminations, harassment complaints, leave acts, overtime payment, and misclassification claims.

Joshua has litigation experience representing employees in cases involving wage and hour claims, claims of discrimination, retaliation, harassment, misclassification, joint employment, and for unemployment benefits. Joshua also holds experience practicing general business litigation and civil rights litigation. He has served as a judicial law clerk in the Rhode Island Supreme Court Law Clerk Department, drafting numerous judicial decisions involving various areas of law, including employment discrimination and unemployment benefits.

While attending law school, Joshua served as both a Judicial Intern for the Honorable John J. McConnell, Jr. of the United States District Court for the District of Rhode Island as well as a Judicial Extern for the Honorable O. Rogeriee Thompson of the United States Circuit Court of Appeals for the First Circuit. Joshua served as a legal intern with the Dorcas International Institute of Rhode Island and as a legal intern with the Post-Foreclosure Eviction Defense/Housing Law Clinic of the WilmerHale Legal Services Center of Harvard Law School. Joshua was elected President of the Multi-Cultural Law Students Association and was awarded a scholarship as one of only two Public Interest Scholars in his class at Roger Williams University School of Law.

Education

Roger Williams University School of Law, J.D., cum laude
- Moot Court Team
New York University, B.S.

Bar Memberships & Admissions

Rhode Island
US District Court, Rhode Island
US Circuit Court, Rhode Island
U.S. Court of Appeals for the First Circuit

Practice Areas

Professional Affiliations

Cape Verdean American Lawyers Association
National Bar Association
Rhode Island Bar Association
Thurgood Marshall Law Society of Rhode Island
Rhode Island Hispanic Bar Association

Boards

Montessori Community School of Rhode Island
- Board Member
Rhode Island Center for Justice
- Board Member
Roger Williams University School of Law
- Pro Bono Collaborative, ACI Medium Security Civil Legal Clinic
- Pro Bono Collaborative, Special Immigrant Juveniles (SIJ) Project (2019 - Present)

Honors

The United States District Court for the District of Rhode Island, Merit Selection Panel (2020)
Rhode Island Monthly Professional Excellence Law Honoree, Employment Law (2020, 2021)
Named Up & Coming Lawyer 2021 by Rhode Island Lawyers Weekly
Named a Super Lawyers Rising Star for Employment Litigation (2020, 2021)

Representative Cases

Litigation experience involving a collective action brought by seventy-two employees arising under the Fair Labor Standards Act alleging unpaid overtime compensation.
Litigation experience involving claims made by independent contractors alleging joint employment and misclassification.
Litigation experience in the United States Circuit Court of Appeals for the First Circuit with respect to cases involving the enforceability of an employer’s arbitration agreement alleged to be unenforceable for lack of consideration.