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

Education

  • J.D., cum laude, Benjamin N. Cardozo School of Law, 2011

    Notes Editor, Cardozo Public Law, Policy, and Ethics Journal

  • B.A., summa cum laude, Bucknell University, 2006

    Phi Beta Kappa

T +1 212.370.6207
F +1 212.307.5598
 

Emily M. Tortora

Associate

Emily 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. Emily frequently represents clients facing discrimination, retaliation, and harassment claims under federal, state, and city law. She does so in a variety of legal arenas, including state and federal courts, and before the New York State Division of Human Rights and the Equal Employment Opportunity Commission.

She has also represented clients accused of violating the leave provisions of the Family and Medical Leave Act. She has also defended against claims by state entities for unemployment insurance contributions and prevailing wage payments. Emily also has experience with restrictive covenant litigation, breach of contract claims, and with responding to charges before the National Labor Relations Board. 

With regard to employment counseling, Emily provides guidance to employers concerning employment and severance agreements, including agreements involving senior-level executives. She drafts and updates employee handbooks and various employment policies, including arbitration agreements and travel time compensation policies. Emily has advised clients concerning meal and rest break requirements under the Fair Labor Standards Act and related New York law, and counseled employers regarding their obligations under the New York City Earned Sick Time Act. In addition, she has been involved in employment-based due diligence for corporate transactions.

Significant Matters

  • Drafted a briefing that secured a summary judgment victory in a litigation involving allegations of pregnancy-based discrimination, retaliation, and violation of the Family and Medical Leave Act
  • Composed successful summary judgment memoranda on behalf of a healthcare industry client facing disability, race, age, and gender discrimination claims, after deposing the plaintiff in the litigation
  • Drafted submissions for firm clients that resulted in no probable cause determinations by various agencies charged with investigating discrimination and retaliation claims
  • Prepared a position statement for a hospitality industry client that secured the dismissal of charges before the National Labor Relations Board
  • Composed a submission that resulted in a favorable determination in a prevailing wage matter involving a New York City contractor
  • Assisted in the successful representation of an educational institution in connection with a suit brought by former students alleging reliance on purportedly misleading post-graduation employment data

Emily provides pro bono employment guidance to a non-profit children's organization on a variety of issues, including independent contractor arrangements. She also represents clients seeking asylum before the U.S. Citizenship and Immigration Services on a pro bono basis, and has secured asylum for a firm client after serving as primary counsel at an asylum hearing before the New York Immigration Court.

Activities

While attending law school, Emily served as a legal intern with the New York State Office of the Attorney General, in the Litigation Bureau. She also worked as a Notes editor for the Cardozo Public Law, Policy, and Ethics Journal.

Prior to attending law school, Emily served as an assistant paralegal in a corporate immigration firm.