Emily Seymour

Emily Seymour is an associate in the Labor & Employment Practice Group in the firm's Washington, DC office.

Areas of Practice

Ms. Seymour's practice focuses on various labor and employment, employee benefits and ERISA litigation matters. 

Ms. Seymour has experience litigating actions arising under the Fair Labor Standards Act ("FLSA"), as well as claims for payment of wages, meal and rest periods, discrimination, harassment, wrongful termination, unfair competition, and breach of contract.  She has experience defending against class actions, both within California and nationwide, as well as managing the administration of large class action settlements.  Ms. Seymour also frequently represents employers in responding to administrative charges filed with the Equal Employment Opportunity Commission, the California Department of Labor Standards Enforcement and the D.C. Department of Employment Services and in managing investigations conducted by those agencies.  

In addition, Ms. Seymour frequently counsels employers on a variety of employment matters arising under both state and federal laws, including wage and hour issues, meal and rest periods, mass lay offs and shut downs, employee handbooks, leaves of absence, background checks, severance agreements, protection of trade secrets, covenants not to compete and solicit, employee hiring, discipline and termination.

Ms. Seymour also handles a range of matters arising under the Employee Retirement Income Security Act ("ERISA") on behalf of plan sponsors and fiduciaries.  Ms. Seymour has experience representing plan sponsors and fiduciaries involved in litigation, including actions related to the administration and investment of plan assets, the prudent selection and oversight of investment and other service providers, disclosure obligations, and prohibited transaction issues. 

Ms. Seymour is a member of Sheppard Mullin's Recruiting Committee and the Associates Committee.  While attending law school, Ms. Seymour served as the Notes Editor for the Public Contract Law Journal, a joint publication between the George Washington University Law School and the American Bar Association.  Ms. Seymour currently serves as Vice-Chair of the American Bar Association Tort Trial & Insurance Practice Section Employee Benefits Committee.

Education

• J.D., George Washington University, 2005, with high honors, Order of the Coif, Notes Editor on the Public Contract Law Journal
• B.A., University of Pennsylvania, 2000, with honors

Admissions

• California
• District of Columbia
• United States District Courts for the Central, Southern and Northern Districts of California
• United States District Court for the District of Columbia
• United States District Court for the District of Maryland

Ms. Seymour has recently represented clients in the following matters: 

• Represented employee in an action against former employer for sexual harassment and violations of the Fair Labor Standards Act, the D.C. Wage Payment and Collection Act, the D.C. Wage and Hour Act, as well as assault, battery, conversion, negligence and intentional infliction of emotional distress.   
• Defended pharmacy benefit manager in action brought by plan sponsor and administrator for alleged violations of ERISA, breach of fiduciary duty and breach of contract.  
• Represented employer in action arising under the Fair Labor Standards Act for alleged off-the-clock overtime work.
• Represented fiduciaries in action against plan administrator, plan counsel and former fiduciaries for breach of fiduciary duty under ERISA including, failure to diversify plan investments, failure to act prudently in determining an investment plan, failure to discharge fiduciary duties in accordance with the plan's governing documents, failure to properly oversee the administration of the plan, and engaging in a prohibited transaction. 
• Defended multiple employers in class actions regarding alleged meal and rest period violations, off-the-clock work, and misclassification in the beverage and snack food industry.
• Defended employer in a class action regarding alleged misclassification of independent contractors and off-the-clock work in the telecommunication industry.
• Defended employer against a sexual discrimination claim in the restaurant industry.
• Defended employer against a wrongful termination claim in the construction industry.
• Defended employer against an age discrimination claim in the transportation industry.

Memberships

• Member, State Bar of California
• Member, District of Columbia Bar
• Member, American Bar Association, Labor and Employment Law Section
• Member, American Bar Association, Tort Trial and Insurance Practice Section

Articles

Co-author with Jonathan Rose of chapter on "Estoppel as a Basis for Recovery for Misrepresentation" in the treatise ERISA Litigation, published by the Bureau of National Affairs, Third Edition (to be published in Fall 2008)

California Employment Privacy Law, Media Law Resource Center 50-State Survey: Employment Libel & Privacy Law (2008)

NMB: Internet Voting Adopted for Union Elections, Society for Human Resource Management, Workplace Law, Labor Relations (October 23, 2007)

Refining the Source of the Risk: Suspension and Debarment in the Post-Andersen Era, Public Contract Law Journal Vol. 34, No. 2 (Winter 2005)

Labor & Employment Law Blog Articles

"Ninth Circuit Arguably Leads the Way to Employer-Mandated Health Care", October 30, 2008

"U.S. Supreme Court Decides Two New Retaliation Cases", May 29, 2008

"California Supreme Court Agrees to Hear 'Administrative Exemption' Case", December 3, 2007

"Recent Court Case Reinforces Importance of Employers Providing Employees with Notice of the Right to Request Leave under the California Family Rights Act (CFRA)", May 16, 2007

"California Court of Appeal Declares Wage Order 16 Valid", May 11, 2007

Speeches

• "Breakfast With Your Labor Lawyer", San Diego, CA (June 2007)