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Hunton Andrews Kurth LLP

Amber M. Rogers

Amber M. Rogers

Partner

Hunton Andrews Kurth LLP
Texas, U.S.A.

tel: +1 214 468 3308
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Local Time: Mon. 18:41

Profile

Amber’s national practice assists clients with traditional labor relations and litigation, employment advice and counseling, and complex employment litigation.

Amber is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, and is a trial lawyer who has extensive experience representing and advising clients in traditional labor relations, such as collective bargaining, representation elections, decertification elections, unfair labor practice charges, arbitrating grievances, contract administration and interpretation, and union avoidance strategies.  Amber also serves as the Hiring Partner for the firm’s Dallas office.

Amber also provides strategic day-to-day advice and counseling for clients. As a part of Amber’s partnership with clients to avoid litigation, she frequently conducts and coordinates sensitive corporate investigations, and provides training presentations for clients on a multitude of topics such as pay equity, anti-harassment and anti-discrimination, diversity and inclusion, labor relations, and issues related to the Family and Medical Leave Act and the Americans With Disabilities Act.

Amber’s litigation experience also includes regularly representing clients in wage and hour collective and class actions, trade secrets and post-employment restrictive covenant disputes, and complex employment discrimination.  Amber’s practice also focuses on defending employers before administrative agencies, such as the NLRB, EEOC, DOL, and OFCCP. Regarding the OFCCP, Amber’s work focuses on affirmative action work and audit defense, and advising and counseling clients on various diversity and inclusion policies and practices. Amber represents clients in all industries, and has particular experience working with clients in the energy and utilities, financial institutions, health care, food processing, staffing, manufacturers, transportation, and retail sectors.

To complement her practice, Amber serves as co-chair of the Firm’s Oneness Diversity Luncheon, is an Associate Editor of the American Bar Association’s, Labor and Employment Law newsletter, and also is a contributing author to the firm’s Employment & Labor Perspectives blog. In addition to her work at Hunton Andrews Kurth LLP, Amber is a dedicated volunteer at the Legal Lines Program and Dallas Volunteer Attorney Program.

Amber is admitted to practice in the United States Supreme Court, the United States Court of Appeals for the Fifth Circuit, Seventh Circuit, District of Columbia, the Northern District of Texas, Eastern District of Texas, Western District of Texas, Southern District of Texas, and the Eastern District of Oklahoma.

Relevant Experience

  • First-chaired jury trial on claims of race and sex discrimination and retaliation; obtained directed verdict.
  • Obtained judgment as a matter of law in federal jury trial on claims of pregnancy discrimination, retaliation, and FMLA retaliation.
  • Argued and won before the US Court of Appeals for the Fifth Circuit (US v. Loftis, 607 F.3d 173 (2010)) (Federal Debt Collection Procedure Acts claim).
  • Litigates and counsels management in traditional labor relations matters, including pre-campaign advice, union avoidance, representation elections (including under the “quickie election” rules), decertification elections, collective bargaining agreement negotiations, unfair labor practice charges, strikes and lockouts, and contract administration and interpretation. Regular first-chair experience litigating and arbitrating claims under collective bargaining agreements.
  • Regular first-chair experience litigating and arbitrating claims under collective bargaining agreements and employment-related matters.
  • Litigated and defended management in numerous state and federal civil lawsuits and investigations related to claims for discrimination, harassment, retaliation, equal pay, FMLA interference and retaliation, ADA, and ERISA. Extensive experience litigating trade secret, misappropriation, and non-disclosure matters arising from employment and fiduciary relationships, including protection of intellectual property and other proprietary information.
  • Litigated multiple class and collective actions in federal and state courts under the Fair Labor Standards Act and state wage and hour laws, as well as numerous single-plaintiff wage and hour matters.
  • Regularly engaged in transactional matters for publicly traded and privately held businesses to create employment and contractor agreements, nondisclosure agreements, non-compete agreements, severance and retention agreements, and confidentiality agreements.
  • Provides day-to-day advice and counseling to employers on various aspects of the employer-employee relationship. Additionally, provides advice to management in developing compliance, training, and employment policies under relevant federal and state law, by auditing pay practices, handbooks, job descriptions, and other company documents/policies. Frequently conducts workplace training and investigations for employers.

Bar Admissions

  • Texas

Education

BA, Trinity University, cum laude, 2003
Areas of Practice
Professional Career

Significant Accomplishments

  • Successfully argued before the U.S. Court of Appeals for the Fifth Circuit.
  • Experience with handling union-related matters, including arbitrations, collective bargaining, strikes, and matters before the National Labor Relations Board.
  • Successfully handled appeals of orders granting motions to dismiss, motions for summary judgment, and orders confirming arbitration awards.
  • Assisted in representing national company in multi-state litigation related to overtime and exemption claims under the Fair Labor Standards Act.
  • Obtained arbitration victories for employer in labor dispute matters before the NLRB.
  • Defended charges and obtained favorable results before the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Housing and Urban Development (HUD)
  • Obtained dismissal of multiple lawsuits through motions to dismiss and motions for summary judgment.
  • Participates in all aspects of discovery, including taking and defending deposition, and responding to and propounding discovery requests.
  • Drafts and negotiates employment contracts, non-compete agreements, severance and retention agreements, and confidentiality agreements.
  • Obtained temporary restraining orders on behalf of employers against former employees.
  • Counsels employers on compliances issues related to various employment matters, such as FMLA, sexual harassment, non-compete agreements, and hiring and terminations.
  • Drafts handbooks and company policies to ensure compliance with applicable federal and state statutes, regulations, and local ordinances.
  • Conducts training on topics such as sexual harassment for employers.


Professional Associations

  • Participant, DBA WE LEAD: Women Empowered to Lead in the Legal Profession, (Inaugural Class, 2018)
  • Chair, Employment Law & HR Compliance committee, Dallas HR
  • Barrister, Patrick E. Higginbotham Inn of Court
  • Fellow, Leadership Council on Leadership Diversity (LCLD)
  • Participant, American Bar Association, Labor and Employment Section’s Leadership Development Program (Class of 2016)
  • Secretary and a Founding Member, The Network of Empowered Women (N.E.W.) Roundtable, Inc.
  • Co-Chair, Small Business Symposium committee, Dallas Association of Young Lawyers
  • Co-Chair, Young Employment Labor Lawyers committee, Dallas Association of Young Lawyers
  • Co-Vice Chair, Dallas Bar Association’s Law Day committee
  • Member, Dallas Chamber of Commerce Young Professionals Leadership Class 2015
  • Member, Dallas Association of Young Lawyers Leadership Class 2014
  • Member, Dallas Bar Association, Labor and Employment Law Section
  • Member, Dallas Association of Young Lawyers
  • Member, J.L. Turner Legal Association
  • Member, Dallas Black Women Attorneys committee
  • Member, American Bar Association, Labor and Employment Section
Articles

  • Bargaining About Discipline Should Be Negotiators’ Priority, Bloomberg BNA
  • Federal Circuit Courts Continue to Extend Title VII Protections to LGBT+ Individuals, GPSolo eReport, Vol. 8, No. 1
  • The Developing Labor Law Supplement, Chapter 10 (Representation Proceedings and Elections), 7th Edition
  • Insubordinate Employees May Deserve a Second Chance, Society for Human Resource Management (SHRM)
  • Federal Circuit Courts Continue to Extend Title VII Protections to LGBT+ Individuals, American Bar Association Labor and Employment Law Vol. 46, No. 4
  • Diversity Policies and Practices: Is Your Bank Ready for the New Rules?, Bank Director
  • Employment References: A Cautionary Tale, Bank Director
  • New Clarity From NLRB On Successor Bargaining Duties, Law360
  • Tips for Handling Issues Related to Transgender Employees in the Workplace, The DICTA
  • Pay Equity Laws: Banning Salary History Questions, American Bar Association Section of Litigation, Employment & Labor Relations Law Newsletter
  • Street Smart Dallas: Know Your Rights!, Texas C-Bar
  • The Perils of Ignoring Supervisor Misconduct, Risk Management
  • Protecting Employees from Sexual Harassment by Patients: Health Care Providers’ Obligations in the #MeToo Era, American Health Lawyers Association
  • Why Not Having an Employment Contract With Bank Officers Will Hurt You, Bank Director
  • The Necessity of Employment Agreements with Bank Officers, Texas Independent Banker

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