About the Author Kytle Frye is a partner at with Fisher & Phillips LLP, one of the nation’s leading labor and employment firms representing employers, counsels clients on this and related topics and can speak to this issue. Kytle has extensive experience in client counseling, including matters involving employment practices, employee discipline, and wage and hour matters. He has extensive experience in litigation training for attorneys and has had more than 400 trials. His trial work has involved virtually all areas of labor and employment practice, including employment discrimination, harassment, wage and hour, wrongful discharge, FMLA, public accommodation under the ADA and labor litigation. Kytle’s practice also involves drafting affirmative action plans and he has represented employers in hundreds of affirmative action audits conducted by the OFCCP.