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Hunton Andrews Kurth LLP

Emily Burkhardt Vicente

Emily Burkhardt Vicente

Partner

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

tel: +1 213 532 2153
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Profile

Emily co-chairs the firm’s labor and employment group and has a national practice focusing on complex employment and wage and hour litigation.

Emily is an accomplished trial lawyer who defends employers in complex employment litigation, including California and FLSA wage and hour class and collective actions, California representative PAGA actions, employment discrimination class actions, and complex whistleblower matters. Her clients include major retailers, financial services and life sciences companies, manufacturers and transportation providers. In addition to her litigation practice, Emily regularly counsels clients on employment-related matters, including harassment and discrimination investigations, “me too” issues, fair-pay compliance, employment contracts and noncompetition agreements, and reductions-in-force.  Emily helps employers develop forward-thinking compliance practices that reduce wage and hour disputes and help mitigate other employment-related risks while keeping her client’s business goals firmly in mind.

Emily serves as co-chair of the firm’s diversity & inclusion committee, and is a member of the firm’s national associates committee. She also is a regular speaker on labor and employment, and class action issues and is a contributing author to the firm’s Employment & Labor Perspectives blog. Emily is admitted to practice before the United States Supreme Court, the United States District Courts for the Central, Southern, Eastern, and Northern Districts of California, the United States Courts of Appeals for the Ninth and Eleventh Circuits, the United States District Courts for the Northern and Middle Districts of Georgia, and the Superior, Appellate and Supreme Courts of California and Georgia.

Relevant Experience

  • Trial counsel in four recent representative proof Rule 23 class and FLSA collective action cases tried to verdict.
  • Defended numerous state wage and hour putative class and FLSA collective actions on behalf of clients in the retail, manufacturing, food processing, financial services, pharmaceutical and theatre industries.
  • Obtained dismissals of California representative PAGA claims based on exhaustion, manageability and ascertainability grounds.
  • Conducted investigations into harassment and discrimination claims and advise clients through the associated legal, media and employee relations risks.
  • Represented management in employment contract and tort disputes, including actions involving the enforcement of noncompete and nonsolicitation covenants, misappropriation of trade secrets and tortious interference with contractual and business relations.
  • Defended state and federal civil lawsuits, arbitrations, and Department of Labor investigations into alleged whistleblower violations.
  • Defended numerous single- and multi-plaintiff harassment, discrimination and retaliation cases under state and federal law across the country, with particular experience in California.
  • Regularly advise and counsel clients on various employment matters, including preventative compliance strategies under the California Family Rights Act (CFRA), the California Fair Employment and Housing Act (FEHA), the wage and hour provisions of the California Labor Code, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act, Title VII, the Equal Pay Act, the Age Discrimination in Employment Act and the Family Medical Leave Act.

Bar Admissions

  • California
  • Georgia

Education

BA, St. John Fisher College, summa cum laude, 1996
Areas of Practice
Professional Career

Significant Accomplishments

  • Defended numerous California and other state wage and hour putative class actions, including trying representative proof class and collective actions to jury verdict.
  • Co-trial counsel in jury trial win for a major food-processing company in wage and hour Rule 23 class and FLSA collective action trial.
  • Defended numerous putative collective actions under the FLSA, including on behalf of clients in the retail, food processing and pharmaceutical industries. 
  • Represented management in employment contract and tort disputes, including actions involving the enforcement of non-compete and non-solicitation covenants, misappropriation of trade secrets and tortious interference with contractual and business relations.
  • Defended numerous civil lawsuits, arbitrations, and Department of Labor investigations into alleged violations of the Sarbanes-Oxley Act whistleblower protections for companies in the financial services, global engineering and management services industries, including first reported federal court summary judgment decision and defense verdict on first Sarbanes-Oxley claim tried before FINRA arbitration panel.
  • Represented Fortune 100 manufacturing company in complex whistleblower action under California law.
  • Extensive experience as electronic discovery counsel, including for multiple Fortune 100 companies.
  • Defended numerous single- and multi-plaintiff harassment, discrimination and retaliation cases under state and federal law across the country, with particular experience in California and Georgia.
  • Regularly advise and counsel clients on various employment matters, including workforce reductions, workplace investigations and compliance and preventative strategies under the Americans with Disabilities Act, Title VII, the Age Discrimination in Employment Act, the Family Medical Leave Act, the California Family Rights Act (CFRA), the California Fair Employment and Housing Act (FEHA), and the wage and hour provisions of the California Labor Code.


Professional Activities and Experience

  • Selected as a Rising Star for Employment Litigation (2012-2014) and among Top Women Attorneys (2013-2014), Southern California Super Lawyers magazine. A description of the selection methodology can be found on Super Lawyers’ webpage.


Articles

  • Is it a class action? Prove it!, Westlaw Journal Class Action
  • Spring 2019 Diversity and Inclusion Newsletter
  • The Class Action Hurricane: Where Is The Storm Heading?, Law360
  • Summer 2019 Diversity and Inclusion Newsletter
  • Past Salary and Pay Equity in the 9th Circuit, Daily Journal
  • Amendment not likely to be a cure for employers' problems with PAGA, Los Angeles Daily Journal
  • EEOC continues to fight wage inequality, Los Angeles Daily Journal

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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