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Hunton Andrews Kurth LLP

Susan F. Wiltsie

Susan F. Wiltsie

Partner

Expertise

  • Complex Employment Litigation
  • Automotive/Motor Vehicle
  • Consumer Products
  • Affirmative Action Counseling

WSG Practice Industries

Activity

WSG Leadership

ABA Group
Member
Profile

Susan’s practice focuses on labor, employment and OSHA compliance, pandemic preparedness and response, litigation and defense.

Susan’s practice includes comprehensive OSHA representation of employers across all industry sectors. Her OSHA practice includes compliance assistance, training, citation defense, participation in rulemaking, appellate administrative litigation, whistleblower cases, creation/oversight of PSM/RMP and general OSHA audit programs, and fatality/serious injury accident investigation.

Susan has in-depth experience managing employer crises as related to pandemic preparedness and response. She is routinely involved with workplace safety, hazard response and establishing employer compliance for the workforce as related to health and safety outbreaks. Susan’s extensive experience and knowledge of widespread workplace outbreaks allows her to guide organizations through response and compliance while simultaneously navigating the complicated, and often conflicting, landscape of state and federal agency guidelines.

Susan has 30 years of experience representing employers in all aspects of the employer-employee relationship including discrimination, harassment, whistleblower, tort claims, contract claims, defamation, wrongful discharge, trade secret, covenants not to compete, duty of loyalty, wage/hour, retaliation, FMLA, ADA, and WARN Act. She has particularly broad experience regarding medical issues in the workplace, with a keen understanding of the interplay between federal/state family and medical leave laws, federal/state disability laws, state/local sick pay laws, OSHA and workers’ compensation. She advises regarding the management of infectious disease and pest contamination in the workplace. Her experience extends to representation of employers with unionized workforces including a substantial number of collective bargaining, labor arbitration and unfair labor practice matters and advice relating to contract compliance and grievance handling. She has handled a significant number of large and small reductions in force and voluntary retirement programs.

Susan has been admitted to practice in the Virginia state courts, Eastern and Western Federal District Courts of Virginia, District of Columbia Superior Court, District of Columbia Federal District Court, Federal District Court of Maryland, Court of Appeals for the District of Columbia Circuit, Court of Appeals for the Fourth Circuit, and the US Supreme Court. She has represented employers in employment and/or OSHA/MSHA litigation in almost every state in the continental United States.

Relevant Experience

  • Successfully defended national meat processing facility in COVID-19 workplace litigation, obtaining dismissal of federally filed lawsuit and defeating a request for injunctive relief.
  • Develops and implements PSM/RMP and general occupational safety and health compliance audit programs for employers across all industry sectors.
  • Participates in all aspects of OSHA rulemaking, including administrative litigation over final rules.
  • Counsels employers regarding OSHA obligations and provides representation in citation contests. Substantial experience in significant injury and fatality accident investigations.
  • Represents employers in lawsuits and agency proceedings in cases involving employment discrimination, harassment, whistleblower, employment torts, contract disputes, retaliation, reduction in force, FCRA, FLSA, FMLA, and wrongful discharge, including class action defense.
  • Trains managers and employees on preventative practices to avoid employment litigation and OSHA citation.
  • Assists companies with the preparation of emergency response plans to address infectious disease outbreaks and other natural and man-made disasters.
  • Counsels employers with respect to all facets of the employer/employee relationship, including discrimination and harassment issues, wage and hours issues, safety and health issues, covenants not to compete, and confidentiality agreements.
  • Counsels companies regarding access and accommodation obligations under Title III of the ADA.
  • Reviews and prepares employee handbooks, corporate policies and employment agreements.
  • Represents unionized employer with respect to all aspects of collective bargaining relationship, including contract negotiation, contract interpretation, grievances, arbitration, defense of unfair labor practices, and litigation.
  • Represents employers in state law unfair competition, trade secret and business tort cases.
  • Provided MSHA advice, accident investigation, and citation defense for mining companies.
  • Advice to and representation of federal contractors regarding their anti-discrimination, affirmative action, Davis-Bacon and other legal compliance issues. Preparation of affirmative action plans.
  • Preparation, negotiation, and litigation of executive employment agreements.

Bar Admissions

  • District of Columbia
  • Virginia

Education

BA, The College of William & Mary, English and Government, 1984
Areas of Practice

Affirmative Action Counseling | Automotive/Motor Vehicle | Batteries and Energy Storage | Complex Employment Litigation | Consumer Products | Crisis Management | Energy Sector Security Team | Extractive Industries: Mining & Mineral Processing, Oil & Gas | Homeland Security | Immigration | Immigration and Nationality Law | Labor and Employment | Labor Management Relations and Labor Litigation | Mining, Petroleum and Related Chemicals | OSHA Compliance, Litigation and Defense | Regulatory Compliance and Affirmative Action Counseling | Sports and Entertainment | Unfair Competition and Employee Raiding

Professional Career

Significant Accomplishments

  • Develops, implements and audits occupational safety and health compliance programs.
  • Files comments on behalf of employers with respect to proposed OSHA regulatory changes.
  • Counsels employers regarding OSHA obligations and provides representation in citation contests.
  • Represents employers in lawsuits and agency proceedings in cases involving employment discrimination, harassment, whistleblower, employment torts, contract disputes, retaliation, reduction in force, FLSA, FMLA, and wrongful discharge.
  • Trains managers and employees on preventative practices to avoid employment litigation.
  • Assists companies with the preparation of emergency response plans to address infectious disease outbreaks and other natural and man-made disasters.
  • Counsels employers with respect to all facets of the employer/employee relationship, including discrimination and harassment issues, wage and hours issues, safety and health issues, covenants not to compete, and confidentiality agreements.
  • Counsels companies regarding access and accommodation obligations under Title III of the ADA
  • Reviews and prepares employee handbooks, corporate policies and employment agreements.
  • Represents unionized employer with respect to all aspects of collective bargaining relationship, including contract negotiation, contract interpretation, grievances, arbitration and defense of unfair labor practices.
  • Represents employers in state law unfair competition, trade secret and business tort cases.
  • MSHA advice and representation to mining companies.
  • Advice to and representation of federal contractors regarding their anti-discrimination, affirmative action, Davis-Bacon and other legal compliance issues. Preparation of affirmative action plans.
  • Preparation, negotiation, and litigation of executive employment agreements.
  • Particular focus on emerging issues, such as the role of social media in the workplace.


Professional Associations

  • Member, American Bar Association

Professional Activities and Experience

  • Fellow, College of Labor and Employment Lawyers, 2016

Articles

OSHA Issues Proposed Rule Regarding Electronic Submission Requirements
Hunton Andrews Kurth LLP, August 2018

The Occupational Safety and Health Administration (“OSHA”) issued a final rule to “Improve Tracking of Workplace Injuries and Illnesses, “ which requires employers to electronically submit their injury and illness records to OSHA.  Specifically, establishments with 250 or more employees must annually submit their Forms 300, 300A, and 301.  And, establishments with 20 to 249 employees must annually submit their Form 300A...

Additional Articles

  • Davis Bacon Obligations under ARRA, Hunton & Williams Renewable Energy Quarterly
  • H1N1 Preparation for Virginia Lawyers and Employers, VBA Journal
  • Assessing Repeal of OSHA’s Injury Reporting Rule, Law360

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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