

Joshua D. Xavier
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.
Representative Publications
- Rhode Island Employers can No Longer Discipline Employees for Out-of-Work Recreational Weed Use
June 21, 2022 - RIDLT Proposes Regulations and Issues Compliance Guidance for the New Pay Equity Law
June 3, 2022 - MASSACHUSETTS WAGE UPDATE: SJC OVERTURNS YEARS OF PRECEDENT AND FINDS THAT EMPLOYERS MUST AUTOMATICALLY PAY TRIPLE DAMAGES IF WAGES ARE PAID EVEN ONE DAY LATE
April 8, 2022 - Massachusetts SJC Holds that Independent Contractor Statute Applies to Franchisees
March 31, 2022 - Supreme Court Rescues Large Employers from the OSHA ETS Vaccine Mandate
January 18, 2022 - Updates to the Massachusetts Minimum Wage and PFML Coming in 2022
December 14, 2021 - Federal COVID Action Plan Announced
September 10, 2021 - Rhode Island's New Pay Equity Law Changes How Employers Must Compensate Their Workforce
July 2021 - IRS FAQ Expands Free COBRA Entitlement
May 28, 2021 - Employers Should Brace Themselves for the ARPA's Burdensome Paid COBRA Mandate
March 29, 2021 - The End of Mandatory COVID-19 Related Leave (For Now)
January 20, 2021 - Rhode Island Minimum Wage Increases to $11.50 Per Hour
September 30, 2020 - New FFCRA Rule Published September 16, 2020
September 16, 2020 - Solving Staffing Nightmares Created By State Travel Restrictions
August 25, 2020 - FFCRA Update - One Federal Court Strikes Down Portions of the DOL's Final Rule Implementing The FFCRA
August 11, 2020 - Defining Sex - The U.S. Supreme Court Finds That Sexual Orientation and Transgender Status Are Protected Under Title VII
June 25, 2020 - Restrictive Covenant Agreements
June 11, 2020 - Engaging Independent Contractors in the Gig Economy: 3 Things for Employers to Know
February 19, 2020 - Here We Go Again - For The Second Time - DOL Unveils Final Overtime Rule
September 27, 2019 - One Epic Year Later: Have You Implemented A Mandatory Arbitration Agreement Yet?
May 17, 2019 - Update: Massachusetts Paid Family And Medical Leave - New Deadlines And Tax Implications
May 2, 2019 - Update: Massachusetts Paid Family And Medical Leave - New Notice Requirement Deadline Of May 31
Partridge Snow & Hahn Client Alert, April 18, 2019 - New Massachusetts Paid Leave of Absence Law
Partridge Snow & Hahn Client Alert, April 11, 2019 - Biometric Information Privacy Protection Act
Partridge Snow & Hahn Client Alert, April 8, 2019 - Here We Go Again - DOL Unveils "New" Overtime Rule
Partridge Snow & Hahn Client Alert, March 18, 2019 - Bias Claims Subject to Arbitration
Rhode Island Lawyers Weekly, May 2018
Representative Speaking Engagements
- PS&H Attorneys Michael Gamboli and Joshua Xavier Discuss The New Pay Equity Law
October 14, 2021 - Joshua Xavier and Michael Gamboli Join HR Roundtable
April 27, 2021 - Rhode Island Bar Association COVID-19 Employment Law CLE
December 10, 2020
Recognitions
- PS&H Attorneys Steven Snow and Joshua Xavier Recognized by Rhode Island Lawyers Weekly
April 8, 2021 - Partridge Snow & Hahn Attorneys Named 2020 Super Lawyers and Rising Stars
October 2020 - Partridge Snow & Hahn Attorneys Recognized in Professional Excellence Law Issue In Rhode Island Monthly
June 2020 - Joshua D. Xavier Appointed to Panel Assessing U.S. Magistrate Judges
As seen in the Providence Journal, January 10, 2020 - Partridge Snow & Hahn Starts Year with New Attorneys and New Client Focused Website
March 21, 2019 - Partridge Snow & Hahn Welcomes Joshua D. Xavier
March 5, 2019