Augustus Herbert

Augustus “Gus” Herbert is Of Counsel at Gray Ice Higdon, where he brings over three decades of experience advising employers and defending businesses in employment and commercial litigation matters. Based in Louisville, Kentucky, Gus counsels small to mid-sized companies on workplace compliance and represents them in disputes ranging from wage and hour and employment discrimination to restrictive covenant enforcement.

He began his career at Wyatt Tarrant & Combs before serving for 30 years at Middleton Reutlinger. This deep experience gives Gus a unique ability to blend practical, business-minded solutions with strong litigation advocacy when disputes arise.

Gus is recognized for his responsiveness, directness, and risk-prevention focus. He advises and represents clients on:

• Employment discrimination, harassment, and retaliation claims (EEOC, ADA, ADEA, Title VII)
• Wage & hour compliance and FLSA litigation
• FMLA and ADA leave management
• Non-compete, non-solicitation, and restrictive covenant disputes
• Employment policies, handbooks, and agreements
• Commercial litigation and contract disputes

Clients describe him as “always there for us—responding promptly with on-point and practical solutions to our employee-related problems.”

• Wilson v. Case, Ky., 85 S.W.3d 589 (2002), a key Kentucky Supreme Court decision on personal jurisdiction that was later modified
• DCMicro v. Lange, 246 F. Supp.2d 705 (W.D. Ky 2003), involving complex commercial claims
• Defended employers in EEOC discrimination, wage & hour, and ADA/FMLA litigation
• Counseled clients on handbooks, contracts, and risk-prevention strategies that reduced litigation exposure

• Kentucky Super Lawyers®, Employment Law (2015–2025)
• Past Chair, Labor & Employment Section, Louisville Bar Association

Professional Memberships: Kentucky Bar Association; Louisville Bar Association

Commercial Litigation

J.D., University of Virginia School of Law (1989), Order of the Coif

B.A., Government, University of Notre Dame (1986), magna cum laude

Kentucky

U.S. Court of Appeals, Sixth Circuit

U.S. Court of Appeals, Federal Circuit

U.S. District Court, Western District of Kentucky

U.S. District Court, Eastern District of Kentucky

U.S. District Court for the Northern District of Indiana

U.S. District Court for the Southern District of Indiana

U.S. District Court for the Eastern District of Wisconsin

U.S. District Court for the Northern District of Illinois

United States Court of Appeals for 7^th Circuit

Kentucky Super Lawyers, Employment & Labor, 2015 – 2022

Past Chairman of LBA Labor and Employment Section

Gus volunteers with the St. Vincent DePaul Society and has served as an athletic director and youth sports board member in Louisville. An avid runner, he has completed marathons and mini-marathons and has attended every Kentucky Derby since 1993.