Gabriela M. Barake has worked in employment law for several years, initially gaining experience as a legal analyst. Today, Ms. Barake represents clients with consulting and litigation matters covering various employment laws, including Title VII of the Civil Rights Act of 1964 (Title VII); the Americans with Disabilities Act of 1990 (ADA); the Age Discrimination in Employment Act of 1967 (ADEA); and the Fair Labor Standards Act of 1938 (FLSA).
Ms. Barake’s experience includes the representation of individuals and companies before administrative agencies, state and federal courts. She has both prosecuted and defended claims across various areas of law. Ms. Barake is fluent in Spanish and can assist clients who prefer to communicate in Spanish.
Ms. Barake graduated with a B.A. from the University of Guelph in 2010. She majored in Criminal Justice and Public Policy with a minor in Sociology. Ms. Barake obtained her J.D. at the University of Houston in December 2015.
· In recent years, Ms. Barake and Minces PLLC have worked to achieve many victories for clients, including:
- Recovering 100% of all plaintiffs’ unpaid overtime wages in a seven-year long collective action lawsuit against O’Connor & Associates, the largest property tax consulting firm in the United States. The 11 plaintiffs who took the case to trial were residential property tax consultants, and the Court found that all 11 were misclassified as exempt and unlawfully denied overtime pay. Pursuant to the judgment from United States District Court for the Southern District of Texas (Magistrate Judge Stacy, Houston Division), the company and its owners Patrick O’Connor and Kathleen O’Connor were found jointly and severally liable for all unpaid overtime wages plus attorney’s fees, case costs and expenses and interest. The total judgment, including attorney’s fees and costs, exceeded $1,000,000. (Monique Fraser, et al. v. O’Connor & Associates, et al., Cause No. 4:11-cv-03890).
- Obtaining a unanimous jury verdict in favor of Galveston County, Texas in a Title VII retaliation lawsuit. Plaintiff alleged sexual harassment, sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Judgment rendered that Plaintiff take nothing and pay court costs. (Tomasa Duran v. Galveston County, Texas; Cause No. 3:14-cv-00186).
- Recovering unpaid overtime and liquidated damages on behalf of a misclassified employee in a 1-day arbitration proceeding.
