Overview
Scott Burton is a dedicated advocate for employers experiencing complex employment and labor-management issues. He has experience litigating on behalf of his clients before administrative, state, and federal courts in numerous jurisdictions. Scott regularly counsels clients regarding a broad range of employment matters, including claims of discrimination, wrongful termination, theft of trade secrets, violations of restrictive covenants, wage and hour violations, and other business torts.
In addition to employment matters, Scott has experience advising employers on traditional labor issues, including union organizing campaigns and unfair labor practices charges before the National Labor Relations Board. Clients also engage Scott to draft or review employer policies, handbooks, severance agreements, and all manner of restrictive covenants.
Previously, Scott worked at an AmLaw 100 firm in Washington, D.C., handling labor and employment matters for multi-national businesses and non-profits. Before that, Scott worked at the U.S. Department of Commerce where he defended the federal government against single-plaintiff and class-action suits.
Licensed in the District of Columbia and Virginia. Not Admitted in North Carolina.
Representative Experience
- Represented employers in lawsuits involving employment discrimination, harassment, and retaliation claims before the EEOC, state and federal court
- Conducted an internal investigation for a national commercial land developer, which uncovered senior employee violations of non-compete obligations, and drafted a complaint to leverage a six-figure settlement in favor of the client
- Member of a team that successfully defended a public-institution client against Title IX and Section 1983 civil rights claims in a five-week federal trial
- Defended a large online retailer against unfair labor practice charges before National Labor Relations Board
- Defended national convenience store franchisee against Fair Labor Standards Act lawsuit brought by the Department of Justice, resulting in reduction of monetary liability by over 80%
- Advised national assisted living facility client on compliance with OSHA emergency preparedness regulations
- Assisted green energy provider in prosecuting allegations of violations of a non-compete agreement and theft of trade secrets
- Provided counsel to national energy company regarding compliance with national and state requirements regarding discrimination and harassment training
- Worked with national print and online media company to respond to allegations from the New York Department of Labor under that state's Wage Theft Prevention Act
- Drafted national and multi-state employee handbooks, mandatory arbitration agreements, class action waivers, and severance and release agreements for national retailer, media, and energy companies
Publications
Publications
- “Making Room(s) for Moms: Restaurants Face Suits from Nursing Mothers,” QSR Magazine, July 2024
- “3 key takeaways for 2024 from Biden’s AI executive order,” Human Resource Executive, January 2024
- “The purpose, prevalence, and legal pitfalls of AI in workforce management,” Westlaw, July 2023
- “Employment Implications of Marijuana Pardons,” Risk Management, December 2022
Capabilities
Education
J.D., Washington and Lee University School of Law, 2016
B.A., University of North Carolina at Chapel Hill, 2010
Admissions
- District of Columbia, 2022
- Virginia, 2016
- U.S. District Court, Eastern District of Virginia
- U.S. District Court, Western District of Virginia
- Not Admitted in North Carolina