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Overview

Elitsa V. Yotkova is an employer-defense litigator and compliance counselor. Her practice focuses strongly, but not exclusively, on restaurant and hospitality industry clients, and complex wage and hour issues under both Florida and New York law. Her work frequently involves minimum wage and overtime, tip credit, tip pooling, employee classifications, and other wage payment issues, including defense of class and collective actions. Her practice also covers the areas of discrimination and harassment, Title VII, FMLA, ADA, ADEA, WARN, and the Fair Credit Reporting Act. She frequently defends equal employment opportunity (EEO) cases, and administrative actions before the EEOC. Elitsa counsels clients in the formation and dissolution of employment relationships, including negotiation of employment and separation agreements, as well as non-competition, non-solicitation and non-disclosure agreements.

Elitsa is a regular contributor to the firm’s labor & employment law blog, BeLabor the Point.

Representative Experience

  • Defense of employers in a variety of employment-related lawsuits, including discrimination, harassment, retaliation, reasonable accommodation and other claims arising under Title VII of the Civil Rights Act of 1964 (Title VII), the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Worker Adjustment and Retraining Notification (WARN) Act, and other federal, state and local employment-related laws and regulations.
  • Representation of clients in collective and class actions brought under the Fair Labor Standards Act and related state laws and regulations.
  • Effective early resolution of claims involving employer's alleged failure to pay wages and commissions to employees company-wide, and avoidance of large potential class action.
  • Drafting, review and implementation of workplace policies and employee handbooks, including policies on social media, a rapidly developing area of law in the eyes of the National Labor Relations Board.
  • Conducting employee and management training on issues of equal employment opportunity (EEO), non-discrimination principles, preventing workplace harassment, and litigation avoidance.

Professional & Community Involvement

  • Breakthrough Miami, Respect and Professionalism Training, 2018
  • Hofstra Law Alumni Committee/Mentor, Member, 2013-present
  • Hofstra Labor & Employment Law Journal, Alumni Advisor, 2011-2013
  • YearUp, non-profit organization for the empowerment of urban young adults, Mentor, 2012
  • Symposium Editor, Hofstra Labor and Employment Law Journal

Publications & Presentations

Publications: “You’re Too Experienced” – Age Discrimination?
BeLabor The Point Blog|May 2018

Events: From a 1990 Wheelchair to the 2018 Website: The ADA & Technology-Related Accommodations
Stearns Weaver Miller's 28th Annual Labor and Employment Law Seminar|April 2018

Publications: It’s Payday! Are Pay Stubs an Employer’s Friend or Foe?
BeLabor The Point Blog|June 2017

Events: The Multigenerational Workplace: Boomers, X’ers and Millennials-Who is Managing Whom?
Stearns Weaver Miller's 27th Annual Labor and Employment Law Seminar|May 2017

Events: Florida Advanced Skills for Wage and Hour Compliance
2016 FLSA Master Class|October 2016

Events: Full Steam Ahead: Keeping up with Title VII
Stearns Weaver Miller's 26th Annual Labor and Employment Law Seminar|May 2016

Publications: When You Really Have to Go, Do You Ever Think About It?
BeLabor the Point Blog |April 2016

Publications: Background Check Forms: One-Liners That Can Cost Your Business Millions in 2016
BeLabor the Point Blog |January 2016

Publications: The Pros and Khans of Good Workplace Management
BeLabor the Point Blog |October 2015

Publications: Delivering A New Florida Law: Pregnancy
BeLabor the Point Blog |May 2015

Events: The Six Pre-Employment Issues Most Likely to Bite You in the Backside
Stearns Weaver Miller’s 25th Annual Labor & Employment Law Seminar |May 2015

Publications: Big Apple Can't Keep the Doctor Away: Legislators Turn to Paid Sick Leave
New York Employment Law Letter|February 2013

Publications: Florida Employment Law Manual
Florida Chamber of Commerce|January 2013

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