Ariel D.Fenster

Counseling: In her counseling practice, Ariel guides employers on legal compliance issues, including employee classification issues, workplace policies, and pay practices. Ariel possesses a particular knowledge of employers in the retail, restaurant, hotel, and casino spaces given her extensive knowledge of the regulations surrounding tipped employees and child labor laws. Ariel also spends considerable time assisting clients in the health care and home health care industry and has deep knowledge of the Live-In Exemption.

Wage and Hour Audits: Ariel has led at least 100 wage and hour reviews for Fortune 100 and 500 companies. These reviews range from nationwide pay practice audits to job classification profiles. Drawing upon Seyfarth’s artificial intelligence and technology resources, Ariel can deliver comprehensive reviews of hundreds of thousands of job profiles and assess and mitigate employee pay-related risks before litigation may come to fruition.

DOL Investigations: A Department of Labor audit can hit a business at any time and without prior notice. Should the DOL come knocking, Ariel has handled a significant number of DOL investigations and has successfully navigated employers through the process, frequently negotiating much better outcomes than a company would on its own. Many of her DOL investigations have resulted in full walkaways.

Due Diligence: When it comes time to close a deal, Ariel frequently lends a hand advising companies and investment firms on potential employment law liabilities. Drawing upon her deep understanding of the Fair Labor Standards Act and related state wage and hour laws, Ariel can identify potential causes for concern and how to best tackle them to ensure a smooth acquisition.

Litigation: Ariel has experience litigating wage and hour lawsuits, from single-plaintiff cases to complex, large-scale collective actions. In addition to her wage and hour experience, Ariel has defended employers against discrimination claims, including claims under Title VII of the Civil Rights Act of 1964. Ariel also has substantive experience litigating cases brought under the Americans With Disabilities Act (Title III), as well as non-compete and restrictive covenants.

Ariel is active in the Atlanta community, both with nonprofits and within the legal sphere. Ariel is currently chair of the Atlanta Bar Association’s Labor and Employment Section, and sits on the junior board of the Atlanta Volunteer Lawyers Foundation. Ariel keeps an active pro bono practice, frequently defending tenants in landlord-tenant disputes, many of which go to trial. Ariel also regularly delivers employment law presentations and employee handbooks to not-for-profit entities through her work with Pro Bono Partnership of Atlanta. For the work that she has done for the community, Ariel was named Seyfarth’s 2018 Pro Bono Associate of the Year.

Prior to joining the firm, Ariel practiced with another national L&E firm and also worked with a boutique L&E firm in Atlanta. Ariel attended Emory University School of Law. There, she served as managing editor of the Emory's Business Law Review and competed in the National Wagner L&E Moot Court Competition. For her success, Ariel was inducted into the Order of Barristers. During her time at Emory, Ariel clerked for several Fortune 100 and Fortune 500 companies in-house.