Emily N. Litzinger
Emily is a trusted advisor who guides employers through the intricacies of the ever-changing landscape of employment law. Emily’s experience as a litigator helps her anticipate potentially troublesome situations that can arise in the employment context. She regularly works with employers to develop preventative strategies to ensure compliance with employment laws and ultimately avoid the burdens associated with costly litigation.
Emily has been litigating workplace conflicts over the past ten years and has successfully defended large and small businesses in complex litigation in a wide-range of employment issues including non-competition, breach of contract, FMLA/ADA, sexual harassment and retaliation.
Emily is also an effective negotiator with an astute business acumen. Understanding the impact of litigation and continued costs is key to a favorable resolution; and Emily works closely with her clients to enable them to make an informed business decision.
Emily’s recent work and career highlights include:
- Emily was honored with the “Supplier of the Year Award” for the Kentucky Restaurant Association and selected to serve on the Board of Directors for the organization in 2020.
- Emily successfully enforced a complex non-competition agreement and brokered a quick and effective resolution.
- Emily argued a complex breach of contract case before the Sixth Circuit Court of Appeals.
- Emily obtained a favorable judgment for her client at a trial with an independent contractor misclassification lawsuit against the United States Department of Labor.
- Emily conducted a company-wide series of 12 interactive harassment and discrimination trainings for a large multinational company.
- Emily was included in “20 People to Know: Law” by the Louisville Business Journal.
- Emily has been selected as a Kentucky Super Lawyers Rising Star in 2016 through 2020.
A foodie at heart, Emily has a special interest in serving clients in the restaurant and hospitality industry and serves as on the Board of Directors for the Kentucky Restaurant Association.
Emily has written for The American Lawyer, Louisville Business First, Kentucky Restaurant Journal, TLNT, Fast Causal, Recruiter and has been quoted in Law360. She is a frequent speaker and author on topics including workplace harassment and discrimination prevention, conducting effective internal investigations and wage and hour practices such as tip pooling.
As a mother of three energetic young daughters, Emily is passionate about the advancement of women in both the legal profession and the workplace. Emily spends her time away from work chasing her girls, cycling, practicing yoga and dining at the latest local restaurant with her husband.
- 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 electrical service provider in breach of non-solicitation matter and obtained a quick and favorable resolution.
- 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
- Kentucky Restaurant Association Supplier of the Year Award 2020
- 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 - 2020.
- Kentucky Restaurant Association, State Board of Director
- 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
- Keneseth Israel Preschool Parent Advisory Committee, President
- Bloom Elementary PTA, Volunteer
- Girls Scouts of Kentuckiana, Volunteer
- Gilda’s Club of Louisville, Volunteer
- Gilda's Club of Louisville, Past Associate Board Member
- Fund for the Arts, NeXt! Leadership Development Program, Alumni
- New Partners Span 13 Offices With Over 40% Representing a Diverse Cross-Section of the Firm12.22.20
Seminars & Speaking Engagements
- fpVirtual Monthly Webinar Wednesdays With our Louisville Office - Employment Law Changes to Expect From the Biden Administration1.13.21
- COVID-19 and Your Business: An Update on New Laws Impacting Your Workforce
- Seeing 20/20 in 2020: What to Expect from a Labor & Employment Law Standpoint in 2020
- Bluegrass SHRM Conducting an Internal Investigation: Do’s, Don’ts and Real Life Scenarios
- Managing the Difficult Employee Using Good Documentation and Communication Roundtable Discussion, Fisher Phillips Annual Seminar
- Protecting the Attorney-Client Privilege, Private Client Training
- Criminal Background Checks, Southern Indiana Society for Human Resources Conference
- Fire When Ready! Reducing Risks in Termination Decisions, Ivy Tech
- Discrimination, Harassment and Retaliation, Private Client Training
- Conducting Workplace Investigations, Southern Indiana Society for Human Resources Conference
- The adversity of a difficult year brought some lasting benefits for Fisher Phillips' Emily N. Litzinger.1.5.21
- 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
- “U.S. Supreme Court Expands ‘Cat’s Paw’ Liability,” Louisville Bar Association Bar Briefs
- “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)
- Northern Kentucky University, Salmon P. Chase College of LawJ.D. 2010, magna cum laude
- University of KentuckyB.A. 2006, summa cum laude, Phi Beta Kappa
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Eastern District of Kentucky
- U.S. District Court for the Northern District of Indiana
- U.S. District Court for the Southern District of Indiana
- U.S. District Court for the Western District of Kentucky