Emily M. Tortora’s practice includes employment litigation and counseling, and general commercial litigation, on behalf of clients in the healthcare, education, hospitality, and consulting industries, among others. Her experience includes :
- Frequently representing clients facing discrimination, retaliation, and hostile work environment claims under federal, state, and city laws—including Title VII, Title IX, the Americans with Disabilities Act, and the New York State Human Rights Law—in litigations in state and federal courts, and before various administrative agencies
- Advocating for clients accused of violating the leave provisions of the Family and Medical Leave Act and applicable wage and hour laws
- Defending against claims by state entities for unemployment insurance contributions and prevailing wage payments
- Drafting and updating employee handbooks and various employment policies, including arbitration agreements, sexual harassment policies, and travel time compensation protocols
- Conducting employment-based due diligence for corporate transactions, keyed into evaluating risk associated with a target entity’s employment practices
- Counseling employers regarding their obligations under the New York City Earned Sick Time Act and the Worker Adjustment and Retraining Notification Act
- Defending against restrictive covenant and breach of contract claims, and responding to charges before the National Labor Relations Board.
While attending law school, Emily served as a legal intern with the New York State Office of the Attorney General, in the Litigation Bureau. Prior to attending law school, Emily worked as an assistant paralegal in a corporate immigration firm.
- Drafted a briefing that secured a summary judgment victory in a litigation in the Southern District of New York, which involved allegations of pregnancy-based discrimination, retaliation, and violation of the Family and Medical Leave Act
- Prepared various briefings for a hospitality industry client facing claims of disability, race, and gender discrimination and retaliation in New York State Court, and successfully argued for dismissal and other favorable determinations in the litigation
- Composed successful summary judgment memoranda on behalf of a healthcare industry client facing disability, race, age, and gender discrimination claims in the Eastern District of New York, after deposing the plaintiff in the litigation
- Drafted numerous submissions that resulted in favorable determinations from the New York State Division of Human Rights, New York City Commission on Human Rights, and Equal Employment Opportunity Commission
- Composed a submission that resulted in a positive outcome in a prevailing wage matter involving a New York City contractor
- Successfully represented a pro bono asylum applicant as primary counsel in a hearing before the U.S. Department of Justice’s Immigration Court.
- J.D. cum laude Benjamin N. Cardozo School of Law 2011
- B.A. summa cum laude Bucknell University 2006
Bar Admissions : New York
Court Admissions :
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- Provided pro bono employment guidance to a nonprofit children’s organization on a variety of issues, including independent contractor arrangements, wage and hour laws, and employee performance management
- Represents clients seeking asylum before the U.S. Citizenship and Immigration Services on a pro bono basis, including managing post-asylum relative visas and permanent residence matters
- Secured asylum for a firm client after serving as primary counsel at an asylum hearing before the U.S. Department of Justice’s Immigration Court.
Rate : $$$