Erin A. Hertzog is an employment and labor law attorney representing both employee and employer clients. Erin’s practice involves counseling clients on a broad range of employment protections and legal requirements under state and federal law. She also assists clients in bringing and defending employment claims before various government agencies, including the Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), Arizona Department of Economic Security, U.S. Department of Labor, and other regulatory agencies. Likewise, Erin litigates all types of employment related disputes and claims in both Arizona state court and Federal District Court.
Erin has significant experience assisting clients in a wide variety of employment and labor issues, including, but not limited to:
- Discrimination and retaliation claims under Title VII of the Civil Rights Act (sex, race, religion, national origin, etc), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act and other state and federal laws;
- Wrongful termination under the Arizona Employment Protection Act (AEPA) and other retaliation and whistleblower claims under state and federal law;
- Sexual harassment and hostile work environment claims;
- Wage and hour issues, including wrongful withholding of wages, minimum wage and overtime compensation under both Arizona law and the Fair Labor Standards Act (FLSA);
- Employee privacy rights ranging from common law invasion of privacy to statutory law on matters such as employee drug testing, medical marijuana and the disclosure of protected health information under federal law;
- Unfair labor practices and retaliation for protected concerted activity under the National Labor Relations Act (NLRA);
- Family Medical Leave Act (FMLA) and claims for FMLA retaliation and interference;
- Issues specific to public sector employment including immunity and procedural limitations, due process rights and disciplinary hearings and public records law;
- Employee benefits including unemployment insurance, COBRA, paid sick leave, etc.; and
- Employment contracts of all types, including severance agreements and restrictive covenants (non-competes, nondisclosure, confidentiality).
Erin also works with employers to develop innovative, practical and cost-effective solutions to prevent and manage workplace problems and avoid legal battles wherever possible. Erin’s practice includes assisting employers with drafting employment contracts, handbooks and policies, developing and executing audit, investigation and recordkeeping procedures and conducting highly engaging, comprehensive training programs for managers and other employees.
Erin is a natural born advocate who has always gravitated toward opportunities to represent others in the protection and advancement of their needs and interests. Before entering the legal profession, Erin had a professional career as a Government Affairs Director lobbying for higher education at the Arizona State Legislature. Erin also served as the Student Body President of the University of Arizona during her undergraduate education and she remains involved in mentoring young student leaders at the university today
Employment and Labor Law
J.D., Sandra Day O’Connor College of Law, Arizona State University, 2013: Trial Advocacy Fellow; Pedrick Scholar; CALI Excellence for the Future Award; Dean’s Recruitment Award; Mary Gates Leadership Scholarship
B.A., cum laude, Political Science, University of Arizona, 2007: University of Arizona Spirit Discovery Scholarship; University Achievement Scholarship
FIND ME ON...
- State Bar of Arizona: Employment and Labor Law Section; Trial Practice Section (2014-2018)
- Maricopa County Bar Association: Employment and Labor Section, Board Member (2018)
- Arizona Employment Lawyers Association, Committee Member (2016-2018)
- Arizona Women Lawyers Association (2018)
Arizona Supreme Court
U.S. District Court, District of Arizona
HONORS, APPOINTMENTS AND AWARDS
- Southwest Super Lawyers Rising Stars (2017, 2018)
- Avvo Client’s Choice Award (2017, 2018)
- Top Attorney, Avvo Rating 10.0 “Superb” (2017, 2018)
- Board Member, MCBA Employment and Labor Section (2018)