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Britni A. Summers

Britni A. Summers


Britni’s practice focuses on all aspects of labor, employment, and employee benefit matters. Growing up in a small, family-owned business, she knows the importance of sound legal advice and strives to provide strategic and insightful guidance to clients.

Britni also gained invaluable experience as a federal law clerk for the Honorable Roger L. Wollman of the U.S. Court of Appeals for the Eighth Circuit and uses that insight to aid clients through her litigation practice.

Britni has in-depth knowledge of state and federal labor and employment laws and experience representing employers in a wide variety of employment-related matters including discharge and discrimination issues, contract and grievance administration, personnel policies and handbooks, affirmative action compliance, employee discipline, wage and hour issues, disability and reasonable accommodation, family and medical leave unemployment, employment contracts, severance and separation agreements, individual terminations, and reductions in force.

She also supports the firm's highly recognized Employee Benefits and ERISA practice. Her practice concentrates on health and welfare plans, including, but not limited to, health care reform compliance, cafeteria plans, COBRA, flexible benefits, health reimbursement arrangements, dependent care, voluntary benefits, and wellness programs. She has also successfully represented numerous clients, ranging from individual plan participants to large corporations, in both state and federal courts regarding a range of issues including pension and welfare benefit plan disputes, fiduciary duty violations, and claims of benefits denial.

She is also proud to serve her legal community. She sits on the Board of Directors for the Eighth Circuit Bar Association, the Nebraska State Bar Association’s Labor Relations and Employment Law Executive Committee, as well as the NSBA’s Publications Committee and Practice and Procedure Committee. She is also active in American Inns of Court, an organization that inspires the legal community to advance the rule of law through achieving the highest level of professionalism by way of example, education, and mentoring.

Outside of the office, Britni enjoys spending time with her husband and children as well as running, reading, and trivia nights.

  • University of South Dakota School of Law (J.D., Sterling Honors, 2018)
  • University of South Dakota (M.A., 2017)
  • Creighton University (B.A., 2007)
  • Nebraska (2018: Sustaining Member)
  • Iowa (2020)
  • South Dakota (2022)
  • U.S. District Court, District of Nebraska (2019)
  • U.S. Court of Appeals, Eighth Circuit (2022)








Labor, Employment and Immigration Law Under Biden: Where are We and Where are We Headed?



COVID-19 Best Practices: Managing Your Workforce During The Pandemic

07.28.2020  |  1:00 PM - 2:30 PM  


HIPAA Privacy Rule Change To Support Reproductive Health Care Privacy

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently issued a Final Rule protecting reproductive health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. The Final Rule prohibits covered entities and their business associates from using or disclosing an individual’s protected health information (PHI) for the purpose of conducting a criminal, civil or administrative investigation into or imposing liability on any person for the seeking, obtaining, providing or facilitating reproductive health care that is or was lawful under the circumstances it was provided.  


Federal Trade Commission Issues Final Rule Barring Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) held an open meeting and voted 3-2 (along party lines) to issue a Final Rule that bans post-employment non-compete agreements. According to the FTC, approximately 30 million people nationwide (1 in 5 workers in the U.S.) are bound by non-compete clauses.  



More Publications

Planning To Leave Your Employment And Compete? Don't Forget About Your Duty Of Loyalty

When employees decide to leave their employer and engage in competition, they frequently overlook their duty of loyalty. Absent a non-compete or non-solicitation restriction, an employee may believe that he or she can freely engage in discussions with clients and customers regarding their intention to leave employment and engage in a competitive business.  


NLRB General Counsel Illuminates Prior Decision Addressing Severance Agreements

Recently, the General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, issued a memorandum responding to inquiries that became prevalent after the McLaren Macomb decision. In McLaren Macomb, the NLRB took aim at overbroad non-disparagement and confidentiality provisions in severance agreements. The NLRB also found that simply offering a severance agreement to an employee can violate the National Labor Relations Act (“NLRA” or the “Act”) if the agreement provides severance benefits in exchange for giving up statutory rights under Section 7 of the Act - NLRB Takes Aim At Severance Agreements.  

  • American Bar Association
  • Eighth Circuit Bar Association
  • Iowa State Bar Association
  • Nebraska State Bar Association
  • Omaha Bar Association
  • The Robert M. Spire American Inn of Court
  • Law Clerk, Hon. Roger L. Wollman, U.S. Court of Appeals for the Eighth Circuit
  • Eighth Circuit Bar Association Board of Directors
  • NSBA Labor Relations and Employment Law Executive Committee
  • Managing Editor, South Dakota Law Review
  • Seven CALI Awards
  • Gavel Award – Outstanding Student by Faculty
  • University of South Dakota School of Law Trial Team
  • NALSA Moot Court
  • 1st Place Award – South Dakota Law Review Write-on