Augustus Herbert

Of Counsel

(502) 625-2732

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Augustus Herbert counsels and represents employers regarding State and Federal employment law issues including those relating to wage and hour issues, the FMLA, the ADA, the ADEA, the FLSA, statutory compliance, discrimination defense, restrictive covenants, severance agreements, policy and procedures and other employment related matters. He understands the disruption and burden of litigation and seeks to achieve resolution of issues outside the courtroom – through counseling, negotiation, and mediation– whenever possible. While the goal is always to minimize the risk of employment claims and lawsuits, when matters do reach litigation, Gus Herbert has aggressively defended his clients in litigation for over three decades whether it be in the courtroom, administrative tribunal or arbitration. Business owners, HR directors and in-house counsel appreciate Gus’ conservative, risk-averse counseling balancing the needs of the business with legal obligations; a balancing that was honed while Gus was seconded to a major Fortune 500 company to resolve their employment and business challenges.

Gus also practices in the litigation area. In addition to employment related matters, Gus regularly litigates the full spectrum of commercial disputes in state and federal courts. When not practicing law, Gus is active in the Notre Dame Club of Kentucky and is a marathon runner who has also attended the Kentucky Derby every year since 1993.

Augustus Herbert Experience

Practice Area

Representative Matters

Zimmer US, Inc. v. Mire, 188 F.Supp.3d 843 (N.D. Ind, 2016)

Stanley v. Insights Training Group, 2013 WL 76123 (W.D.Ky. 2013)

Pollett v. Rinker Materials Corp., 477 F.3d 376 (6th Cir. 2007)

DCMicro v. Lange, 246 F. Supp.2d 705 (W.D. Ky 2003)

Westwood and Westwood East Homeowners Assoc. v. Giles, 2003 WL 21245343 (Ky.App. 2003)

Wilson v. Case, Ky., 85 S.W.3d 589 (2002) overruledCaesars Riverboat Casino, LLC v. Beach, 336 S.W.3d 51 (Ky. 2011)

St Ledger v. Com, Revenue Cabinet, 942 S.W.2d 893 (Ky. 1997)



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


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

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

Honors & Awards

Kentucky Super Lawyers, Employment & Labor, 2015 – 2022

Past Chairman of LBA Labor and Employment Section

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