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Emily N. Litzinger

Associate, Louisville
Louisville
t: 502.561.3978
f: 502.561.3991

Overview

Emily works with employers to navigate the intricacies of the ever-changing landscape of employment law.  Emily regularly works with employers to develop preventative strategies to ensure compliance with employment laws to help avoid the burdens associated with costly litigation.  To this end, Emily drafts handbooks, policies, procedures and training materials as well as provides daily advice to clients with employment-related issues.

Emily’s experience as a litigator helps her anticipate potentially troublesome situations that can arise in the employment context.  She has successfully defended employers in complex litigation on a wide-range of labor and employment issues including discrimination, wage and hour, breach of contract, retaliation and sexual harassment.

Emily has obtained a favorable judgment for her client at trial with an independent contractor misclassification lawsuit brought by the United States Department of Labor, argued before the U.S.  Sixth Circuit Court of Appeals, and obtained numerous summary judgment dismissals for employers.  Emily is an astute negotiator and has brokered countless cost-effective and favorable settlements for her clients.

Prior to joining the firm, Emily gained significant experience representing employees in employment litigation and can provide employers unique insights regarding the best defense strategies.   

Emily was included in "20 People to Know: Law" for 2015 by Louisville Business Journal and was also selected as a Kentucky Super Lawyers Rising Star in 2016, 2017 and 2018.

In her spare time, Emily enjoys spending time with her family, enjoying the outdoors, cycling, and trying out the latest local restaurants!

Experience

Experience

  • Tried an independent contractor misclassification lawsuit under the Fair Labor Standards Act brought by the U.S. Department of Labor and obtained a favorable judgment.
  • Represented a large healthcare company in a reverse race discrimination and retaliation lawsuit filed under the Kentucky Civil Rights Act. Summary judgment was obtained in favor of the company as the Plaintiff could not establish that the company was the “unusual employer” who discriminates against the majority. Obtained an order awarding the company’s costs. 
  • Represented a mortgage company in an individual and collective action based on breach of contract and misclassification of mortgage loan officers as exempt under the Fair Labor Standards Act. Partial summary judgment was granted in favor of the company to enforce the provisions of a mandatory arbitration. Shortly thereafter, the case settled.
  • Represented a non-profit long-term health provider in race discrimination, retaliation and defamation lawsuit filed under the Kentucky Civil Rights Act. Motion to dismiss was granted in favor of the client for failure to state a claim upon which relief can be granted.
  • Obtained summary judgment for large retail chain client and prepared appeal to Sixth Circuit Court of Appeals. One such issue included whether the Plaintiff has met the prima facie case of intentional infliction of emotional distress.
  • Represented a medical device company in breach of contract, tortious interference and breach of implied covenant of good faith and fair dealing claims. Motion for summary judgment was obtained in favor of client.
  • Represented an insurance company in breach of non-compete matter and obtained a temporary restraining order. Shortly after obtaining the restraining order, the matter was settled.
  • Resolved numerous matters through settlement, most of which for nuisance value. These included claims under the Kentucky Civil Rights Act, the ADA, the FMLA and Title VII.

Honors & Leadership

Honors & Awards

  • Emily was included in "20 People to Know: Law" for 2015 by Louisville Business Journal.
  • Emily was also selected as a Kentucky Super Lawyers Rising Star in 2016, 2017 and 2018.

Professional Activities

  • American Bar Association, Section of Labor and Employment, Employment Rights and Responsibilities Committee

  • Kentucky Bar Association, Labor and Employment Section

  • Louisville Bar Association, Labor and Employment Section

  • Kentucky Restaurant Association, Associate Member

Community Activities

  • St. Joseph’s Children’s Home, Volunteer
  • Gilda’s Club of Louisville, Volunteer
  • Gilda's Club of Louisville, Past Associate Board Member
  • Fund for the Arts, NeXt! Leadership Development Program, Participant
  • Young Professionals Association of Louisville, Member

Insights

Seminars & Speaking Engagements

  • Managing the Difficult Employee Using Good Documentation and Communication Roundtable Discussion, Fisher Phillips Annual Seminar, 9.21.17

  • Protecting the Attorney-Client Privilege, Private Client Training, 9.22.14

  • Criminal Background Checks, Southern Indiana Society for Human Resources Conference, 4.8.14

  • Fire When Ready! Reducing Risks in Termination Decisions, Ivy Tech, 3.10.14

  • Discrimination, Harassment and Retaliation, Private Client Training, 2.20.13

  • Conducting Workplace Investigations, Southern Indiana Society for Human Resources Conference, 5.12.12

Articles

  • It’s the Most Wonderful Time of the Year…Or Is It? Tips for Surviving the Holidays and Avoiding Liability, Kentucky Restaurant Association Journal, November/December 2017
  • Sink or Swim: Practical Considerations for Handling Summertime in the Workplace, The Goods, Kentucky Association of Manufacturers, July 2017
  • Politics in the Workplace: How to Survive the Election Season, September 2016
  • The Department of Labor Issues Guidance on Misclassification of Employees, Kentucky Chamber of Commerce, September 2015
  • Be Careful What You Say…Recent Case Law Impacting Employee Defamation Claims, Kentucky Chamber of Commerce, March 2015
  • Breaking Bad Employee Behavior, Kentucky Chamber of Commerce, June 2014
  • EEOC Criminal Background Checks Under Attack, Kentucky Chamber of Commerce, January 2014
  • Summer Dress Code Policies, The Voice, May 2013
  • New EEOC Age Discrimination in Employment Act Regulations, Kentucky Chamber of Commerce, September 2012
  • Indiana Criminal Background Checks: A New Kind of Don’t Ask Don’t Tell, Southern Indiana SHRM, September 2012
  • Willfulness, Good Faith, and the Fair Labor Standards Act, Nevada Law Journal, Fall 2011, Vol. 12, Number 1
  • “Inflexible Leave of Absence Policies and the ADA,” Louisville Bar Association Bar Briefs
    May 2012
  • “U.S. Supreme Court Expands ‘Cat’s Paw’ Liability,” Louisville Bar Association Bar Briefs
    May 2011
  • “Willfulness, Good Faith and the Fair Labor Standards Act,” 12 Nev. L. J. 112 (2011)
  • “The Ethical Dilemma of Scrubbing Metadata: The Pathway to a Better Approach,” 36 N. Ky. L. Rev.611 (2009)

Education

Bar Admissions

Court Admissions

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