Lindsay Burke is vice chair of the firm’s employment practice group and regularly advises US, international, and multinational employers on employee management issues and international HR compliance. Her domestic practice includes advice pertaining to discrimination, leave, whistleblower, wage and hour, trade secret, and non-competition issues arising under federal and state laws, while her international practice focuses on drafting global employment policies and coordinating multi-country surveys to ensure that employment contracts and policies comply with employment laws across many jurisdictions.
Ms. Burke guides employers through the process of hiring and terminating employees and managing their performance, including the drafting and review of employment agreements, restrictive covenant agreements, separation agreements, performance plans, and key employee policies and handbooks. She provides practical advice against the backdrop of the web of state and federal employment laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and the False Claims Act, with the objective of minimizing the risk of employee litigation. When litigation looms, Ms. Burke relies on her experience as an employment litigator to offer employers strategic advice and assistance in responding to demand letters and agency charges.
Ms. Burke’s practice also includes advice pertaining to employment issues that arise in the context of corporate mergers and acquisitions, and she assists foreign corporations in the establishment of key employment documents for operations in the US. She works frequently with the firm’s privacy, employee benefits and executive compensation, government contracts, and cybersecurity practice groups to ensure that all potential employment issues are addressed in matters handled by these groups.
- Negotiated favorable settlement with terminated employee of California media company who raised allegations of hostile environment and sexual harassment.
- Revised key company-wide leave policies for Massachusetts-based digital technology company operations in five states.
- Drafted settlement agreements on behalf of pharmaceutical company for relators in False Claims Act 3730(h) cases as part of global settlement with Department of Justice.
- Drafted employment agreements for executives of new US subsidiary of UK-based company.
- Achieved favorable settlement on behalf of telecommunications client filing claim against former employee accused of breaching post-employment restrictive covenants and confidentiality obligations as well as misappropriating trade secrets.
- Coordinated Latin American local counsel in review of employment agreements for use by multinational staffing firm in 32 countries worldwide.
- Successfully argued a whistleblower retaliation case arising under the False Claims Act in the U.S. Court of Appeals for the Fourth Circuit on behalf of a pharmaceutical company after winning dismissal at summary judgment stage.
Honors and Rankings
- Washington DC Super Lawyers, Employment & Labor "Rising Star" (2014)
- Part of a team recognized by the Washington Lawyer’s Committee Outstanding Achievement Award for pro bono work with the Committee's Equal Employment Opportunity Project.
- Successfully defended not-for-profit mental health agency, a provider of community homes for homeless and mentally ill DC residents, in overtime action under the Fair Labor Standards Act brought by former employee.
- Represented nonprofit animal shelter in complaint filed with the Department of Labor alleging violations of USERRA.
- Represented several employees of a moving company in settling race discrimination and overtime wage claims.
- Frequently advise nonprofit organizations on employment policies and handbooks.
Publications and Speeches