Overview

Nicole S. LeFave concentrates her practice on defending employers in complex wage and hour class and collective action litigation and counseling employers on all aspects of wage and hour compliance. Nicole also defends employers in a variety of discrimination, harassment, retaliation, and whistleblower matters and advises on a broad range of employment law issues, from hiring through termination. She has experience representing clients at trial, on appeal, in arbitration, and in administrative hearings both in Texas and nationwide.

Representative experience:

  • Obtained victory for employer in FLSA collective action bench trial involving the Motor Carrier Act exemption
  • Served as one of the lead attorneys on mass arbitration of single-claimant gig-economy misclassification claims involving more than 15,000 claimants
  • Defeated a motion for conditional certification in proposed nationwide FLSA collective action against a Fortune 500 company
  • Obtained complete summary judgment in favor of employer on single-plaintiff Title VII and FLSA matter
  • Successfully defended a jury trial verdict in favor of employer in multiple-plaintiff discrimination case, obtaining affirmance from the Fifth Circuit

Nicole serves as co-chair of Littler’s SOAR mentorship program, which pairs associates who are new to the firm with shareholder mentors to support associates’ long-term success at the firm. Nicole is also the Austin office’s pro bono liaison and enjoys finding opportunities to contribute to access to justice, including by advising local nonprofits on employment law matters.

Before joining Littler, Nicole practiced complex business litigation and employment law, representing corporations, nonprofit organizations and individuals on a wide range of matters on both the plaintiff and defense side.

Nicole served as a law clerk for retired judge Hon. Gregg Costa, formerly a U.S. District Judge for the Southern District of Texas and Fifth Circuit Justice and Hon. Mark Lane, U.S. Magistrate Judge for the Western District of Texas.

Professional & Community Affiliations

Member

Austin Bar Association

Member

Federal Bar Association

Member

Lloyd Lochridge Inn of Court

Founding Member

League of Lady Lawyers

Board Member

Texas Freedom Network

Former Board Member

Austin Diaper Bank

Member

Austin Bar/AYLA Leadership Academy 2019 Class

Member

Austin Young Lawyers Association

Member

Texas Bar Foundation

Recognition

Named, Ones to Watch

The Best Lawyers in America®

2021-2025

Named, Austin's Top Attorneys

Labor and Employment

Austin Monthly

2021-2022

News, Analysis & Press

Push For Shorter Workweek Reflects Shifting Attitudes

Law360 Employment Authority

April 25, 2023

Speaking Engagements

Everything Old is New Again: A Wage & Hour Retrospective with an Eye Towards AI and Beyond

Littler Executive Employer Conference, Phoenix, AZ

May 9, 2024

What the Swales?: Litigating FLSA Notice Issues in the Fifth Circuit

Central Texas Federal Bench Bar Conference

March 1, 2024

2024 DOL Update: Final Rules and Enforcement Priorities

Austin SHRM

February 21, 2024

Littler Austin’s 2023 Holiday Season Lunch and Learn

Austin, TX

December 15, 2023

FLSA Exemption Basics

CenTexSHRM, Belton, TX

June 14, 2023

Wage & Hour Through the LoD Lens – Compliant Solutions for the Questions You Have Today

Webinar

July 28, 2022

Paying Employees in Crypto

Web3 Legal Conference, Austin, TX

April 7, 2022

The New Normal: Navigating Return to Work

Austin Bar, Civil Litigation Section

June 17, 2021

Employment Law Hot Topics for a New Presidential Administration

Austin Human Resources Management Association

November 18, 2020

Conducting Remote Investigations in the COVID-19 Era

October 27, 2020

Employment Law Hot Topics for a New Decade

Austin, TX

February 6, 2020

Employment Law Red Flags: How to Spot Them and How to Fix Them

Hispanic Bar Association of Austin CLE Presentation, Austin, TX

August 2018

Education

  • J.D., University of Texas School of Law, 2012with honors
  • B.A., University of Texas, Austin, 2006with honors

Bar Admission

Texas

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 6th Circuit
  • U.S. Court of Appeals, 10th Circuit
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Eastern District of Arkansas
  • U.S. District Court, Western District of Arkansas
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Central District of Illinois