Sara B. Rafal

Sara Rafal focuses her practice on labor and employment law as well as unfair business practices. Ms. Rafal advises and represents employers relating to anti-discrimination laws, wage and hour laws, and wrongful discharge. Ms. Rafal assists employers in drafting agreements, policies, and handbooks and conducting training. Ms. Rafal has also represented employers seeking to remain non-unionized, including handling proceedings in front of the NLRB. Ms. Rafal also advises and represents companies seeking to protect themselves against unfair competition.

Sara Rafal focuses her practice on labor and employment law as well as unfair business practices. Ms. Rafal advises and represents employers relating to anti-discrimination laws, wage and hour laws, and wrongful discharge. Ms. Rafal assists employers in drafting agreements, policies and handbooks and conducting training. Ms. Rafal has also represented employers seeking to remain non-unionized, including handling proceedings in front of the National Labor Relations Board. Ms. Rafal also advises and represents companies seeking to protect themselves against unfair competition.

Representative cases include: 

• Representing national employers in nationwide collective actions under the FLSA and EPA. Obtained dismissal of state law claims in one putative collective and class action under preemption theory, which was an issue of first impression, Enkhbayar Choimbol v. Fairfield Resorts, Inc., 475 F. Supp. 2d 557 (E.D. Va. 2006).
  
• Obtaining summary judgment for employers against discrimination and wrongful discharge claims, such as Garrow v. Economos Properties, Inc., 406 F. Supp. 2d 635 (E.D. Va. 2005) and Devnew v. Brown & Brown, Inc., 396 F. Supp. 2d 665 (E.D. Va. 2005). Represented multiple employers in lawsuits brought by the EEOC in federal court, including ones alleging a pattern or practice of discrimination. 
  
• Prevailing in bench trial on declaratory judgment action resulting in enforcement of restrictive covenant against former manager, Devnew v. Flagship Group, 75 Va. Cir. 436 (2006). 
  
• Representing individuals and employers accused of defamation, including obtaining dismissal of claims on privilege grounds, Shabazz v. PYA Monarch, LLC, 271 F. Supp. 2d 797 (E.D. Va. 2003), Moore v. PYA Monarch, LLC, 238 F. Supp. 2d 724 (E.D. Va. 2002). 
  
• Representing new companies accused of unfair business practices by former employers, including obtaining defense verdict on behalf of new company and its principals against charges of breach of fiduciary duty and conspiracy, Today Homes, Inc. v. Williams, 272 Va. 462, 634 S.E.2d 737 (2006). 
  
• Representing companies in developing strategies to protect against unfair competition from former officers, directors, principals, and employees.

Ms. Rafal has been recognized by Virginia Business magazine as one of the Commonwealth’s “Legal Elite,” and as a "Rising Star" by Virginia Super Lawyers Rising Stars magazine. She is also listed in The Best Lawyers in America for Labor and Employment Law. Ms. Rafal is a member of the American Bar Association, the Virginia Beach Bar Association, the Virginia Bar Association and the Virginia State Bar.

Ms. Rafal received her bachelor of arts degree, magna cum laude, from the University of Pennsylvania and her master of arts degree in English from Tufts University. She received her juris doctor degree from the University of Virginia School of Law.