Emily Marshall
Attorney
612.334.9001
PRACTICE AREAS
– Labor Law
– Employment Law
– Civil Litigation
– Discrimination Law
– Mediation & Arbitration
– Contract Negotiations
EDUCATION
University of Minnesota Law School, J.D., magna cum laude, 2014
Wesleyan University, B.A., with honors, 2008
BAR ADMISSIONS
State of Minnesota
U.S. District Court,
District of Minnesota
Emily Marshall is a co-founder and shareholder with Louris Marshall O’Brien, PA. Prior to LMO’s launch in January of 2025, she worked at Miller O’Brien Jensen, PA for over a decade. Throughout her career, Emily has had keen interest in defending workers’ rights and is proud to represent people and groups in their disputes with their employers.
Emily’s employment law practice focuses on representing employees in civil state and federal court litigation, as well as administrative forums such as the Equal Employment Opportunity Commission (“EEOC”) and the Minnesota Department of Human Rights (“MDHR”), and in a variety of alternative dispute resolution (“ADR”) forums. Emily has handled cases involving many forms of discrimination, sexual harassment, pay equity, wage theft, retaliation and whistleblower claims, “ERISA” disputes, non-competition agreements and other restrictive covenants, employment contract disputes, defamation, and severance negotiations. She enjoys working with clients to understand the particular political dynamics of their workplaces and developing strategies that serve their goals. She has helped her clients achieve positive outcomes in a diverse array of cases, including:
- After a salesman was abruptly fired shortly before he would have received a large commission, Emily and Bill O’Brien brought claims for wrongful termination and unpaid commission pursuant to a mandatory arbitration clause. After defeating summary judgment in a case with complex choice of law issues, Emily and Bill obtained a sizeable settlement for our client.
- An employee with a progressive disability had to apply for long term disability, but his benefits were dramatically less than expected under the terms of his employer’s Plan. Emily secured an opinion in Federal Court that the Plan Administrator’s benefit decision was not reasonable, ultimately leading to a fair recalculation of the client’s long-term benefits and backpay.
- After an employee’s employer was purchased by a company he did not want to work for, the purchasing employer sought to enforce a restrictive covenant against our client to prevent him from pursuing his trade elsewhere. Emily and the Miller O’Brien Jensen team successfully defeated a motion for temporary injunction.
- Over the years, Emily has helped numerous women negotiate fair severance agreements after they were unfairly pushed aside by male bosses.
Emily also represents labor organizations in the private and public sectors, representing union clients in matters such as unfair labor practice and representation matters before the National Labor Relations Board (“NLRB”), Minnesota Public Employment Relations Board (“PERB”) and Minnesota Bureau of Mediation Services (“BMS”), labor arbitration hearings regarding unjust discipline and contract violations
Emily has been named to the Minnesota Rising Star list from 2019 to 2025. She regularly presents on topics of labor and employment law at continuing legal education events. She served on the Labor and Employment Section of the Minnesota Bar Association for the 2021-23 term.
Emily graduated magna cum laude from the University of Minnesota Law School in 2014 with a concentration in labor and employment law. During law school, she served as a managing editor of the Minnesota Law Review, was a student attorney with the University of Minnesota Workers’ Rights Clinic, and interned at Region 18 of the National Labor Relations Board. She was a co-recipient of the 2014 ABA and Bloomberg BNA, Inc. Award for Excellence in Labor and Employment Law.
She has been volunteering for many years at Centro de Trabajadores en Lucha (“CTUL”), worker-led organization where workers organize, educate and empower each other to fight for a voice in their workplaces and in their communities.