F. Kytle Frye III: Lawyer with Fisher & Phillips LLP

F. Kytle Frye III

Atlanta,  GA  U.S.A.
Phone(404) 240-4243

Peer Rating
AV® Preeminent

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Practice Areas

  • Wage and Hour Law
  • Affirmative Action Plans and Audits
  • Americans with Disabilities Act
  • Family and Medical Leave Act
  • Healthcare
  • Employment Discrimination and Related Litigation
  • Jury Trials
  • Affirmative Action and Federal Contract Compliance
  • Dealership
University Auburn University, Auburn, AL, B.A., 1969
Law SchoolEmory University School of Law, Atlanta, GA, J.D., 1972
Admitted1972, Georgia; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the Eleventh Circuit; U.S. District Court for the Middle District of Georgia; U.S. District Court for the Northern District of Georgia; Georgia Supreme Court; Georgia Court of Appeals


Marine Corps League
Marine Corps Foundation
Georgia Aquarium Volunteer
Atlanta Historical Society

Professional Activities

Kytle is active in the Labor and Employment Section of the Atlanta and Georgia Bar Associations and in the Marine Corps Association of Georgia Lawyers.


Kytle Frye is a partner in the firm's Atlanta office. He is experienced in all areas of the firm's labor and employment practice, with special emphasis on trial practice and work in affirmative action.

He has extensive experience in litigation training for attorneys and has had over 400 trials, including about 50 jury 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.

Kytle also has extensive experience in client counseling, including matters involving employment practices, employee discipline, and wage and hour matters. Kytle is a graduate of the Naval Justice School and the University of Virginia Institute of Trial Advocacy.

He is AV Peer Review Rated by Martindale-Hubbell and has been included in the Georgia Super Lawyers list since 2007 for his employment litigation work on behalf of employers.


NLRB: Employer Vs. Joint-Employer - What You Need to Know
October 23, 2015

Same-Sex Benefits Are Here To Stay: Are Your Retirement Plans In Compliance?
July 9, 2014

Employees Who Smoke Can Cost You: So How About Doing Something
July 4, 2014

Why Shouldn't Smokers Pay More For Health Insurance?
May 8, 2014

Can and Should You Link Health Insurance Rates and Smoking?
February 20, 2014

Healthcare Employers Liable for Harassment by Patients, Not Just Employees
November 15, 2013

The Value And Peril Of Imposing A Premium Differential On Smokers
Becker's Hospital Review
March 25, 2014


Marine Corps League
Marine Corps Foundation
Georgia Aquarium Volunteer
Atlanta Historical Society

Newsletter Articles

Can You Link Insurance Premiums To Smoking?
July 1, 2014

Hospital Receptionist Harassed By Patient - EEOC Sues
November 1, 2012

Could An Affirmative Action Plan Be In Your Future?
May 1, 2009

New Employment Laws to Worry About: It's Not Just About Card Check Anymore
February 1, 2009

Reported CasesReported Cases; Hebst v. System One Info. Mgmt, LLC, 31 F. Supp. 2d 1025 (N.D. Ohio 1998); Crumpton v. St. Vincents Hospital, 963 F. Supp. 1104 (N.D. Ala. 1997); McCollough v. Atlanta Beverage Co., 929 F. Supp. 1489 (N.D. Ga. 1996); Sturm v. TOC Retail, Inc. 864 F. Supp., 1346 (M.D. Ga. 1994); Hebst v. System One Info. Mgmt, LLC, 31 F. Supp. 2d 1025 (N.D. Ohio 1998)

Documents by this lawyer on Martindale.com

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Contracts May Not Be All They're Cracked Up To Be: The Extension Of Legal Protections In Employee Contractual Settings
F. Kytle Frye, November 9, 2015
For many years, employers have generally embraced a policy of utilizing at-will employment as often as possible, where employers and employees can end their relationship with each other at any time and for any (legal) reason. Most businesses usually limit the use of written employment contracts to...

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Office Information

F. Kytle Frye III

1075 Peachtree Street, NE
AtlantaGA 30309


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