Emma J. Smiley

Emma SmileyEmma J. Smiley is an Associate at The Law Offices of Gilda A. Hernandez, PLLC. Ms. Smiley focuses her practice on litigating complex class action employment law and wage and hour disputes. Ms. Smiley is currently involved in several federal lawsuits pursuant to the Fair Labor Standards Act, the North Carolina Wage and Hour Act, and the Family Medical Leave Act.

Prior to joining the firm, Ms. Smiley served as an inaugural Judicial Fellow with the North Carolina Administrative Office of the Courts and worked for several years for Legal Aid of North Carolina, where she litigated domestic violence, housing, employment, public benefits, expunction, and education cases.  She handled cases at the trial and appellate levels and conducted training for attorneys regarding domestic violence. During law school, she served in a summer clerkship for The Honorable James A. Wynn, Jr., of U.S. Court of Appeals for the Fourth Circuit, and interned with the Consumer Protection Division of the North Carolina Department of Justice. She has studied extensively in Latin America and is fluent in Spanish.


  • Duke University School of Law, J.D., 2013
  • University of South Carolina Honors College, B.A., summa cum laude, 2010