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Susan P. Burton

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Employment Law

Direct Phone: 512.480.5738

Direct Fax: 512.480.5838

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Susan has been Board Certified in Labor and Employment Law since December 2000. She has over 20 years experience advising and representing businesses and executive-level employees on human resources and employment law issues. Susan has extensive experience in Texas and federal courts in employment litigation. She also has civil litigation experience in non-employment matters.

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PROFESSIONAL QUALIFICATIONS

Admitted: Texas, 1987; U.S. District Courts for the Western, Southern and Eastern Districts of Texas; U.S. Court of Appeals for the Fifth Circuit

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization

Education: University of Texas at Austin (B.S., 1983); Baylor Law School (J.D., 1987)

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REPRESENTATIVE EXPERIENCE

  • Advises business clients on day-to-day personnel issues such as discipline, discharge, employee lay-offs, disability and reasonable accommodation, family and medical leave, on-the-job injury, hiring, employment contracts and policies, employee handbooks, wages and overtime, and non-competition and confidential information issues.
  • Works with business clients on risk prevention strategies such as review and revisions of employee handbooks, employment agreements, confidentiality, non-compete, and non-disclosure agreements, supervisor and employee training (including sexual harassment and discrimination training).
  • First Chair trial experience representing business clients in state and federal court in wrongful termination, discrimination, harassment, retaliation, ADA, Fair Labor Standards Act, covenants not to compete and confidentiality/trade secret cases.
  • Sued for and obtained a temporary restraining order and agreed temporary injunction for advertising company against former sales/marketing employee who resigned to work for a competitor. Temporary injunction prohibited former employee from contacting company's customers to solicit their business.
  • Advised and counseled central Texas employer with over 700 employees on how to deal with threats of workplace violence. Worked with management and law enforcement on implementing proper procedures to protect employees.
  • Regular supervisor and manager training for employers. Training includes hiring/firing issues, proper documentation, progressive discipline, sexual harassment, unemployment claims and FMLA/ADA/Workers Comp. issues.
  • Advise and counsel business clients on wage and hour and overtime issues and how to respond to and manage Department of Labor audits.
  • Represent and advise business clients on defense of EEOC and TCHR discrimination complaints, including age, sex, race, religion, national origin and harassment claims.

Representative Client Industries include:

  • Financial Institutions
  • Health Care
  • Hospitality
  • Technology
  • Energy
  • Retail/Service
  • Manufacturing
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    PROFESSIONAL AFFILIATIONS

    • State Bar of Texas
      • Member, Labor and Employment and Litigation Sections
    • Austin Bar Association
      • Director, 1999-2001
      • Executive Council, Litigation Section, 1999-2003
      • Member, Labor and Employment Section
      • Member, Litigation Section
    • Volunteer Legal Services of Central Texas
      • Board President, 1997-1998 and 2002-2003
      • Board Member, 1990-present
      • Officer Emeritus, 2006-present
    • Travis County Women Lawyers Association
      • TCWLA Foundation, Board Member, 2006-present
      • President-Elect, 2009
    • Texas Board of Legal Specialization
      • Chairperson, Labor and Employment Law Advisory Commission, 2005-2006
    • Austin Hotel and Lodging Association, Member
    • Austin Human Resource Management Association, Member
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    AWARDS AND HONORS

    • Certified Specialist-Labor and Employment Law-Texas Board of Legal Specialization, December 2000
    • Employment Law Arbitrator for the American Arbitration Association since 2003
    • Named one of the "Top 50 Central & West Texas Region Super Lawyers" and one of the "Top 50 Women Super Lawyers," Texas Super Lawyers and TEXAS MONTHLY, 2006
    • Named Outstanding Young Lawyer by the Austin Young Lawyer's Association in 1996
    • Texas Super Lawyer in Employment Litigation, Texas Super Lawyers and TEXAS MONTHLY, 2004 - 2009
    • Named J. Chrys Dougherty Award Winner by Volunteer Legal Services of Central Texas for Outstanding Pro Bono Services in 2000
    • Fellow, Texas Bar Foundation
    • Travis County Women Lawyers Association Pathfinder Award, 2001
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    COMMUNITY

    • Austin Public Library Friends Foundation, Board Member, 2008-present
    • Extend-a-Care for Kids, Board President, 2004-2005
    • Leadership Austin Graduate, 2003
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    Publications and Presentations

    • 2010 - "Common Business Practices That May Create Employment Law Liability" - GDHM Employment Law Client Seminar
    • 2009 - "Common Wage and Hour Compliance Issues for Employers; How to Minimize Legal Risk from Employee Terminations, Lay-Off's and RIF's" - GDHM Employment Law Client Seminar
    • 2006 - "The Family and Medical Leave Act: What Employers Needs to Know and Why" - Texas Credit Union League: 2007 Leadership Conference
    • 2006 - "Avoiding Unionization" - Austin Hotel and Lodging Association
    • 2004 - "FMLA Update" - Council on Education Management
    • 2003 - "Drafting and Enforcing Restrictive Covenants" - Lorman Education Services
    • 2003 - "Overview of Confidentiality, Non-Compete and Non-Solicitation Agreements" - Sterling Education Seminars
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