Board certified in labor and employment law by the Texas Board of Legal Specialization, with over 20 years of litigation and appellate experience, Emily mediates all kinds of labor and employment law disputes, including:

• Discrimination based on race, color, religion, sex, and national origin under Title VII of the Civil Rights Act of 1964 and the Texas Labor Code
• Race discrimination under section 1981 of the Civil Rights Act of 1866
• Wage and hour disputes under the Fair Labor Standards Act
• Equal Pay Act claims
• Age discrimination under the Age Discrimination in Employment Act and the Texas Labor Code
• Disability discrimination under the Americans with Disabilities Act and the Texas Labor Code
• Sexual harassment under Title VII of the Civil Rights Act of 1964 and the Texas Labor Code
• Sarbanes-Oxley Act claims
• Retaliation under Title VII of the Civil Rights Act of 1964 and the Texas Labor Code
• Retaliation under the Family and Medical Leave Act
• Retaliation under the Texas Health and Safety Code
• Hostile work environment under Title VII of the Civil Rights Act of 1964 and the Texas Labor Code
• Non-compete agreements
• Theft of trade secrets
• Breach of contract
• Assault
• False imprisonment
• Negligent hiring, training, and supervision
• Claims before the EEOC, NLRB, and OSHA

Emily also represents employers and employees in a variety of employment law matters, including:

• Advising clients in matters of employee discipline and termination
• Drafting and negotiating employment contracts, arbitration agreements, severance agreements, and non-compete agreements
• Advising clients on labor and employment laws, including Title VII of the Civil Rights Act of 1964, section 1981 of the Civil Rights Act of 1866, Texas Labor Code, Equal Pay Act, Fair Labor Standards Act, Texas Payday Act, Age Discrimination in Employment Act, Americans with Disabilities Act, Family and Medical Leave Act, Texas Health and Safety Code, National Labor Relations Act, Occupational Safety and Health Act, and laws governing trade secrets and non-compete agreements
• Representing clients in disputes before the EEOC, OSHA, and the NLRB

Emily was inspired to become a lawyer by her father, James S. Frost. Originally from Seguin, Texas, she is a Longhorn lawyer and loves all things Austin, especially the University of Texas, Barton Springs, and Lick Ice Cream.

Admitted to Practice: Texas; the United States District Court for the Northern, Southern, and Western Districts of Texas and the District of Colorado; the United States Court of Appeals for the Fifth Circuit.

Emily was selected to the 2019, 2020, 2021, 2022, 2023 and 2024 Texas Super Lawyers list.

Professional Background:

• • • The University of Texas School of Law, J.D. 2002
      
    • The University of Texas at Austin, B.A. 1997 (with honors; Phi Beta Kappa)
    • Briefing Attorney: Fourth Court of Appeals, the Honorable Karen Angelini (2003–04)

Activities:

• • • Austin Bar Association, Employment and Alternative Dispute Resolution sections (Judicial Affairs Committee member, 2004-2014)
    • Austin Young Lawyers Association Leadership Academy, 2013
    • State Bar of Texas, Employment Section
    • Austin Human Resource Management Association (AHRMA) (Legal and Legislative Committee member, 2012–2014)
    • Mother Attorneys Mentoring Association of Austin (MAMAs), 2014–present

Presentations:

• • • Employment Law Update, Austin Bar Association 2024 Equity Summit, May 2024
    • Sexual Harassment Training That Actually Works, Austin Human Resource Management Association, November 2017
    • Recent Developments in the Law Governing Trade Secrets and Non-Competes, Austin Bar Association, November 2017
    • Op-Eds & Blogging, Ms. JD Sixth Annual Conference on Women in Law, February 2014
    • Negotiation Techniques to Use in Settling Cases and Everyday Life, Texas State Bar Advanced Administrative Law Course, June 2013
    • Emerging Rights of LGBT Employees in the Workplace, Texas State Bar Webcast, June 2013
    • Employment Law Basics, Travis County Women’s Lawyers Association, April 2013
    • Five Minute Employment Law Update: 12 Cases, 60 Minutes, Local Government HR Pros, April 2013
    • Can They Really Do That? When HR Professionals Get Sued, Local Government HR Pros, April 2013
    • Guns in the Workplace, Local Government HR Pros, April 2013
    • Sexual Harassment 101 for Your Business, Manor Chamber of Commerce, February 2013
    • Noncompetes, Nondisclosure Agreements, and Trade Secrets, Austin Human Resource Management Association (AHRMA), November 2012
    • Sexual Stereotyping, Austin Human Resource Management Association (AHRMA), November 2012
    • Render unto Judge Calvert . . . Correct Appellate Court Judgments, Texas Association of Appellate Court Attorneys (TAACA), June 2011
    • Rules on Military Leave under USERRA and FMLA: The Story of Sammy Soldier and His Wife, Wanda, Texas Electric Cooperatives Human Resources/Benefits Conference, May 2008
    • Asserting and Defending Privilege: A New Era, McGinnis, Lochridge & Kilgore, LLP Appellate Practice Group, April 2007
    • The Sea of Expert Testimony—Staying Afloat, McGinnis, Lochridge & Kilgore, LLP Appellate Practice Group, February 2006