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Emily Litzinger photo

Emily N. Litzinger

Partner


Louisville

t:502.561.3978

f:502.561.3991

Email

Service Focus

  • Employment Discrimination and Harassment
  • Litigation and Trials
  • Pay Equity and Transparency
  • Wage and Hour

Industry Focus

  • Hospitality
  • Staffing
  • Tech

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Overview
Recent Experience
Credentials
Recognitions
Affiliations
Insights

Overview

Emily Litzinger is a trusted advisor and relentless advocate for employers navigating the complex landscape of workplace law. Clients value Emily for her calm presence, clear guidance, and unwavering commitment to their success—qualities she brings to every matter with both legal skill and authentic care.

With a particular focus on wage and hour compliance and defending employment discrimination claims, Emily partners with companies—ranging from local businesses to national employers with multi-state operations—to proactively reduce legal risk and resolve workplace issues with practical, business-minded solutions.

When disputes arise, Emily is a tenacious negotiator and litigator with nearly two decades of experience representing employers across the country in matters involving wage and hour violations, FMLA/ADA issues, workplace harassment, retaliation, non-compete agreements, and breach of contract. Clients appreciate her thoughtful strategy, composed yet commanding courtroom presence, and ability to resolve complex matters efficiently—always with the client’s business goals front of mind.

Emily is deeply committed to client service. Emily is known for being highly responsive, candid in her advice, and a clear communicator who demystifies legal issues so clients can make informed, confident decisions. She understands that legal decisions must be made in the context of broader business goals, and Emily delivers tailored guidance that balances compliance with operational realities. Emily prides herself on being approachable, collaborative, and attuned to the real-world pressures employers face—particularly in fast-paced or highly regulated industries.

Through the strong internal network of Fisher Phillips attorneys in more than 45 offices across the U.S., Mexico and Japan, Emily offers seamless and consistent support to employers operating across multiple jurisdictions, ensuring they receive efficient and aligned representation wherever they do business.

A recognized voice in the hospitality and restaurant industries, Emily serves on the Board of Directors for the Kentucky Restaurant Association and is a frequent speaker on wage and hour compliance, internal investigations, and preventing harassment and discrimination.

As the mother of three energetic daughters, Emily brings empathy and perspective to her work—qualities that shape her thoughtful approach to workplace dynamics and her passion for fostering inclusive, supportive environments. She is regularly featured as a thought leader in Louisville Business First, QSR magazine, Law360, Bizwomen, SHRM, and The American Lawyer.

Recent 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 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.

Credentials

Education

  • J.D., 2010, magna cum laude, Northern Kentucky University, Salmon P. Chase College of Law
  • B.A., 2006, summa cum laude, Phi Beta Kappa, University of Kentucky

Bar Admissions

  • Kentucky

Court Admissions

  • 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

Recognitions

  • Recognized in Chambers USA, Labor and Employment (2023-2025)
  • Emily was included in Louisville Business First’s 2021 40 Under 40 Class
  • 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.

Affiliations

Professional Activities

  • 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

Community Activities

  • 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

Insights

  • Publication

    06/23/25

    QSR Publishes Firm Q&A about Predictive Scheduling

    Courtney Leyes, Emily N. Litzinger

    Read more 

  • News

    06/05/25

    Fisher Phillips Earns Top Rankings in 2025 Edition of Chambers USA

    Andrew J. Sommer, Travis Vance, Kristin R.B. White, Christopher J. Boman, Jang Hyuk Im, Danielle Hultenius Moore, Jocelyn Campanaro, Micah Dawson, Todd A. Fredrickson, Angelica M. Ochoa, Steven M. Bernstein, Charles S. Caulkins, Christine E. Howard, Jeffrey E. Mandel, Cathy M. Stutin, Michael P. Elkon, Marty Heller, Shanon R. Stevenson, Terri R. Stewart, Laurel K. Cornell, Raymond C. Haley III, Emily N. Litzinger, Todd B. Logsdon, Craig P. Siegenthaler, Megan Reese U'Sellis, Michelle I. Anderson, Edward F. Harold, Timothy H. Scott, Shiloh Theberge, Daniel E. Farrington, Joseph W. Ambash, William E. Altman, Gregory V. Murray, Barbara Jean D’Aquila, Steven R. Cupp, Gregory D. Ballew, J. Randall Coffey, James R. Holland II, Brian J. Finucane, Melody L. Rayl, David B. Dornak, Scott M. Mahoney, Mark J. Ricciardi, Kathleen McLeod Caminiti, Rosemary S. Gousman, Michael R. Marra, David Klass, Richard A. Millisor, Clarence M. Belnavis, Todd A. Lyon, Michael P. Avila, Nan Sato, Christopher P. Stief, William D. Wright, Michael D. Carrouth, C. F. W. Manning II, Stephen C. Mitchell, J. Hagood Tighe, David S. Jones, Greg Grisham, Jeff Weintraub, Amanda E. Brown, Stephen J. Roppolo, Teresa Valderrama, Theresa M. Connolly, Davis C. Bae, Ralph Hua, Edwina C. Kye, Radhika Mehta, Suzanne Kelly Michael, Steven M. Loewengart

    Read more 

  • Insights

    05/06/25

    Where Do We Stand? An Action Plan for Employers on Tip Credit Compliance and the 80/20 Rule

    Ted Boehm, Marty Heller, Courtney Leyes, Emily N. Litzinger

    Read more 

  • Publication

    04/09/25

    Partners Co-Author Column for QSRs Looking to Hire Minors for the Summer

    Courtney Leyes, Emily N. Litzinger

    Read more 

  • Event

    04/09/25

    Wage and Hour Wednesdays: Key Wage and Hour Compliance Issues Facing Staffing Employers

    Benjamin M. Ebbink, Emily N. Litzinger

    Read more 

  • Publication

    01/29/25

    Partners Conduct Q&A with Immigration Co-Chair on Expected Increase of Workplace Enforcement

    Courtney Leyes, Emily N. Litzinger, Jocelyn Campanaro

    Read more 

  • News

    12/23/24

    Louisville Partner Discusses Proposed "No Tax on Tip" Policy

    Emily N. Litzinger

    Read more 

  • Insights

    12/19/24

    Labor Department Withdraws Onerous 80/20/30 Tip Credit Rule: 5 Practical Tips for Employers

    Ted Boehm, Marty Heller, Courtney Leyes, Emily N. Litzinger

    Read more 

  • Event

    12/17/24

    Serving Up Success: Navigating Employment Laws and the Changing Administration in the Hospitality Industry

    Marty Heller, Courtney Leyes, Ted Boehm, Emily N. Litzinger

    Read more 

  • Insights

    11/18/24

    Medical Cannabis Use in Kentucky Workplaces: 3 Employer Takeaways + 5 Steps to Take Now

    Emily N. Litzinger

    Read more 

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