Emily P. Harbison practices mainly in the area of labor and employment law. Ms. Harbison represents management in all aspects of labor and employment law, including employment litigation, counseling and traditional labor law. She is actively involved in various pro bono efforts.
Ms. Harbison has significant experience defending employers in matters involving employment discrimination, including claims under Title VII of The Civil Rights Act, the FMLA, ADEA, ADA and the Texas Commission on Human Rights Act. She regularly advises clients regarding federal contract/OFCCP compliance, pay equity, ERISA, international executive mobility, wrongful discharge, leave and accommodation, wage and hour, as well as on a variety of other issues under state and federal laws governing the employment relationship. Ms. Harbison also advises company management regarding independent contractor matters, exemption status under the FLSA, covenants not to compete, employment agreements, and employee handbooks and policies. Ms. Harbison also has experience representing clients in traditional labor matters under the National Labor Relations Act and the Railway Labor Act.
Representative Legal Matters
- Defended a national, high-end restaurant chain against allegations of systemic sex discrimination.
- Defended a commercial airline against allegations of systemic disability discrimination.
- Obtained summary judgment dismissing misclassification and failure to pay overtime claims under the FLSA on behalf of drilling contractor.
- Defeated conditional certification of FLSA collective action for national fitness club chain.
- Obtained dismissal on behalf of commercial airline of meal and rest break claim on the basis that such claim was preempted by the Airline Deregulation Act.
- Represented a chemical company in large ERISA Section 204(h) notice class action. Certiorari denied by the US Supreme Court.
- Obtained victory for natural gas producer in labor dispute (grievance, arbitration, and district and appellate litigation) resulting from internal restructuring.
- Represented a natural gas producer in a union organizing campaign.
- Prepared affirmative action programs and advised management on OFCCP audits and compliance.
Professional Associations and Memberships
- American Bar Association
- Texas Young Lawyers Association
- Houston Bar Association
- U.S. District Court, District of Colorado~United States (2016)
- U.S. District Court, Eastern District of Texas~United States (2016)
- U.S. District Court, Western District of Texas~United States (2015)
- U.S. District Court, Northern District of Texas~United States (2011)
- U.S. Court of Appeals, Fifth Circuit~United States (2010)
- U.S. District Court, Southern District of Texas~United States (2008)
- Texas~United States (2007)
- University of Houston Law Center (J.D.) (2007)
- University of Texas (Bachelor of Business Administration summa cum laude) (2003)
Baker & McKenzie LLP is a Limited Liability Partnership organized under the laws of the State of Illinois (USA) and is a member of Baker & McKenzie International, a Verein organized under the laws of Switzerland.