Biography

Susan specializes in representing employers in all aspects of the employee-employer relationship ranging from strategic advice and counsel on employment law matters to representing employers in court and before governmental agencies. Susan is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization and has extensive experience serving as an Arbitrator in employment law cases for the American Arbitration Association.

Susan advises employers on human resource and employment law issues, with a focus on managing risk and assisting her clients in making strategic business decisions. Her advice and counsel include discipline, discharge, employee lay-offs, disability and reasonable accommodation, family and medical leave, on-the-job injury, hiring, employment contracts and policies, employee handbooks, wages and overtime, and non-competition and confidential information issues. She works with employers on risk prevention strategies such as review and revisions of employee handbooks, employment agreements, confidentiality, non-compete, and non-disclosure agreements, and supervisor and employee training (including sexual harassment and discrimination and respectful workplace training).

Susan also has extensive experience representing employers in administrative proceedings. She advises and assists employers in responding to discrimination, harassment, and retaliation charges filed with the EEOC and the Texas Workforce Commission. She advises and counsels employers on wage and hour and overtime issues and how to respond to and manage audits by the U.S. Department of Labor, the Texas Workforce Commission, and unemployment claims. She also represents employers in OSHA enforcement actions.

Susan has a depth of state and federal trial experience representing the interests of employers in wrongful termination, discrimination, harassment, retaliation, ADA, and claims for unpaid wages and overtime under the Fair Labor Standards Act. In addition, she has successfully obtained temporary restraining orders and temporary injunctions in disputes over non-competition agreements and misappropriation of confidential information.

Prior to joining the Firm in 2018, Susan, a native Austinie, was the leader of the employment law Practice Groups at two of Austin’s largest and most prestigious full-service law firms.

Education

  • J.D., Baylor Law School, 1987
  • BS, University of Texas at Austin, 1983

Activities

  • Texas State Bar
  • Labor and Employment Section of the Texas State Bar
  • Austin Bar Association(Past Board Member)
  • Labor and Employment Section of the Austin Bar Association (Past Chair)
  • Litigation Section of the Austin Bar Association (Past Member of Executive Council)
  • Texas Bar Foundation, Fellow
  • Volunteer Legal Services of Central Texas (Past President and 19-year Board Member)
  • Travis County Women Lawyers Foundation, Chair, 2010-2011
  • TCWLA Foundation, Board Member, 2006-2013
  • Travis County Women Lawyers Association Mentor Program, 2014-2015
  • Texas Board of Legal Specialization, Chairperson, Labor and Employment Law Advisory Commission, 2005-2006
  • Robert W. Calvert American Inn of Court, Master, 2004-2016
  • YMCA Metro Board of Directors, January 2019-present
  • PAWS Shelter & Central Texas Board of Directors, June 2022 – Present
  • Greater Austin Sports Foundation Board of Directors, June 2022 – Present  
  • Big Brothers Big Sisters of Austin, 2013-2016, Executive Board Member
  • Austin Public Library Friends Foundation, Board Member, 2008-2013; Secretary, 2010-2013
  • Extend-a-Care for Kids, Board President, 2004-2005
  • Leadership Austin Graduate, 2003

Courts

  • Texas
  • U.S. District Courts, for the Western, Eastern, and Southern Districts of Texas
  • U.S. Court of Appeals, Fifth Circuit

Honors & Awards

Susan has been listed in The Best Lawyers in America© by Woodward/White, Inc. since 2018 in the area of Employment Law – Management. Since 2004, Susan has been named in the “Texas Super Lawyers” list under the category of Labor and Employment Law, as published in Super Lawyers Magazine and Texas Monthly, and in 2006, she was especially recognized in the publications’ “Top 50 Women Super Lawyers.”

Susan has received Martindale-Hubbell’s AV® Preeminent® rating, the highest rating possible rating in both legal ability and ethical standards, based on a peer review process reflecting the confidential opinions of members of the bar and the judiciary.

In recognition of her dedication to pro bono legal services and long-standing Board and volunteer service, Volunteer Legal Services of Central Texas named an award after Susan. The Susan P. Burton award is given annually to a volunteer attorney who has been licensed 5 years or less for exemplary pro bono service. Susan received the 2014 Professionalism Award from the Austin Bar Association and the Texas Center for Legal Ethics and Professionalism.  In 2001, she received the Pathfinder Award from the Travis County Women Lawyers Association.   She was named the J. Chrys Dougherty Award Winner by Volunteer Legal Services of Central Texas for Outstanding Pro Bono Services in 2000, and in 1996, she was named in Outstanding Young Lawyer by the Austin Young Lawyer’s Association.

Articles

Lectures & Presentations

  • “Managing Employee Leave and Attendance Issues” – Austin SHRM – May 2022
  • “Arbitration Considerations & Strategies – Austin Bar Labor & Employment Section – May 2022
  • “Workplace Impact of Marijuana Legalization: What Employers Need to Know” – Austin Bar Labor & Employment Section – Austin – November 2019
  • “Breaking Up is Hard to Do: Dos and Don’ts in Handling Employee Discipline and Terminations,” Central Texas Chapter of Associated Builders & Contractors, Inc. – Austin – October 2017
  • “Employment Law for Non-Employment Lawyers,” Hays County Bar Association – December – 2016
  • “LGBT Employment Issues,” Austin Bar Association Labor & Employment Section – Austin – 2016
  • “Non-Competes to TRO’s – Protecting Confidential Information and Trade Secrets,” Austin Bar Association Labor & Employment Section – Austin – 2015
  • “LGBT Issues in the Workplace,” State Bar of Texas Minority Attorney Program Conference – Austin – 2015
  • “The Impact of Marriage Equality on Texas Law,” State Bar of Texas – November – Austin – 2015
  • “Small Biz U: Employment Law 101,” Greater Austin Hispanic Chamber of Commerce – Austin -2015
  • Panel Speaker on Women in the Workplace, TEDx Austin Women Conference – Austin – 2013

Courts

  • Texas
  • U.S. District Courts, for the Western, Eastern, and Southern Districts of Texas
  • U.S. Court of Appeals, Fifth Circuit

Accolades

Board Certified, Texas Board of Legal Specialization
Super Lawyers, 2023, Susan P. Burton
Super Lawyers, 20 Years, Susan P. Burton
Super Lawyers, Top 50 Women, Texas, Susan P. Burton
Super Lawyers, Top 50 Central/West Texas, Susan P. Burton

Recent News

FTC’s Rule Banning Noncompetes Struck Down by Federal Court

FTC’s Rule Banning Noncompetes Struck Down by Federal Court

Court Blocks FTC's Proposed Nationwide Ban on Noncompete Agreements, Preserving State Law Autonomy. Employers should review their noncompete practices in light of ongoing legal challenges.
Aug 22, 2024
Cornell Smith Mierl Brutocao Burton Welcomes Laura Fauber

Cornell Smith Mierl Brutocao Burton Welcomes Laura Fauber

Laura Fauber joins Cornell Smith Mierl Brutocao Burton, LLP as a partner, offering deep expertise in labor and employment law, and broadening the firm’s capabilities in California and Washington.
Aug 20, 2024
Limited Injunction Issued Against DOL’s Updated Salary Thresholds for Overtime Eligibility

Limited Injunction Issued Against DOL’s Updated Salary Thresholds for Overtime Eligibility

Limited injunction issued against DOL’s updated salary thresholds for overtime eligibility, effective July 1, 2024. Applies only to Texas state employers.
Jul 1, 2024