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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 understands the impact employment litigation can have on a business, and she partners with companies to minimize liability and reduce risk with preventative strategies focused on compliance, training, and the implementation of best practices.

When workplace disputes arise and litigation cannot be avoided, these same companies call on Emily to represent them throughout every phase of the adversarial process. She has defended employers in workplace conflicts over the past 15 years and has successfully represented large and small businesses in a wide range of disputes including wage and hour, non-competition, breach of contract, FMLA/ADA, wage and hour, sexual harassment and retaliation.

As a member of the Board of Directors for the Kentucky Restaurant Association, Emily is often tapped to speak and write about topics that impact the hospitality industry and has a particular interest in the wage and hour concerns that often face hospitality employers. She is known for her presentations on ensuring compliance with wage and hour practices, engaging in the interactive process for accommodation requests, avoiding workplace harassment and discrimination, and conducting effective internal investigations.

As the mother of three energetic daughters, Emily is passionate about employee mental health and the advancement of women in both the legal profession and the workplace. She is regularly featured as a thought leader on these topics with appearances in Louisville Business First, 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 (2023-2024)
  • 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

  • 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 

  • News

    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 

  • News

    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 

  • Publication

    10/22/24

    Partners Co-Author Column on Considerations for QSRs During This Election Season

    Courtney Leyes, Emily N. Litzinger

    Read more 

  • Publication

    10/18/24

    Partners Co-Author Column on “Spookiest” Wage & Hour Issues for QSRs

    Courtney Leyes, Emily N. Litzinger

    Read more 

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