Overview

Elaine W. Keyser is an experienced litigator who advises and represents employers in a broad range of employment law matters, including federal and state court litigation, arbitrations, and appeals. She regularly litigates employment claims arising under federal and state law, including:

  • Whistleblowing
  • Employee Leave and Reasonable Accommodations
  • Discrimination
  • Harassment
  • Retaliation
  • Wage and hour disputes

In addition to her litigation practice, Elaine has broad experience defending administrative charges before the Equal Employment Opportunity Commission and state and local administrative agencies.

Elaine’s extensive litigation skills provide the foundation for her practical compliance counseling. She proactively partners with clients to provide advice on a host of employment and personnel matters, including strategically managing complex leave and accommodation issues, employee performance management and coaching, and employee terminations. She prepares workplace policies and employee handbooks, executive agreements, and separation agreements.

A dynamic and engaging public speaker, Elaine frequently conducts in-house training sessions on a variety of employment issues, throughout all levels of the employer’s organization. She regularly presents on an array of employment topics to employer and industry groups.

Elaine has secured dismissals through dispositive motions and prevailed in numerous state and federal courts on a variety of claims including:

  • Securing a defense summary judgment – affirmed by the 11th Circuit Court of Appeals, petition for certiorari denied – on a case of first impression involving the “manager’s rule”
  • Obtaining defense summary judgment in a case involving the termination of a store manager during a highly-publicized union organizing campaign
  • Successfully defending a client during a U.S. Department of Labor – Wage Hour Division audit pertaining to an overtime exemption affecting operations company-wide

Professional & Community Affiliations

Member

Labor and Employment Section

Florida Bar

Member

Dade County Bar Association

Member

Junior League of Miami

Member

Texas Exes Alumni Association

Member

Make-A-Wish South Florida Women’s Initiative Group

Recognition

Named, The Best Lawyers in America©

2018-2019

News, Analysis & Press

FLASH FORUM: Curbing Harassment in the Workplace

South Florida Business Journal

February 13, 2018

Preparing The Workplace For A Pandemic

The Florida Bar Journal, Vol. 83, No. 2, pp. 50-53.

February 2009

The Employment Retaliation Standard: a New Wrinkle on the Face of Employment Litigation," ABA Section of Litigation

Employment and Labor Relations Law, Vol. 5, No. 2

Winter 2007

Speaking Engagements

Law and Order: Hospitality

Greater Miami & The Beaches Hotel Association, Miami, FL

May 2, 2018
2017 Florida Employer Conference

Miami, FL

October 17, 2017

There’s No Crying in the Workplace: How to Effectively Manage the Legal, HR and Business Issues Surrounding the Problematic Employee

Association of Corporate Counsel – South Florida Chapter, Weston, FL

October 6, 2017

Goldman Sachs 10,000 Small Businesses Legal Clinic: Human Resources and Employment Matters

Miami-Dade College, Miami, FL

March 29, 2017

Discovery in Arbitration: How to Avoid an Accident

Broward County Bar Association

March 3, 2017

Wage Gap: Issues with Equal Pay

ABA Midyear Meeting 2017, Miami, FL

February 3, 2017

Diversity and Inclusion 2016: Spearheading a Meaningful Initiative That Won’t Drive Your General - and Outside - Counsel Crazy!

Association of Corporate Counsel – South Florida Chapter, Fort Lauderdale, FL

October 26, 2016

There's No Debate About It: Winning Practices for Conducting Lawful Investigations

Association of Corporate Counsel - South Florida Chapter, Fort Lauderdale, FL

September 30, 2016
Navigating the New Digital Workplace

Miami, FL

May 21, 2015

The EEOC: Looking Back and Forward – Successes, Failures & Anticipated Trends

2nd Annual Golf & Spa CLE Conference - Association of Corporate Counsel (ACC), South Florida Chapter, Coral Gables, FL

May 2, 2014
Conducting Lawful Investigations: An Interactive Program for Internal Investigators

Miami, FL

March 13, 2014

Education

  • J.D., University of Texas, Austin, 2005
  • M.A., Tulane University, 2002
  • B.A., Tulane University, 2001summa cum laude, Phi Beta Kappa

Bar Admission

Florida

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals, 11th Circuit
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Eastern District of Oklahoma