Gigi O'Hara

(402) 661-8652
Partner
(402) 346-1148 Fax
Gigi.OHara@KutakRock.com

Ms. O’Hara is an accomplished trial attorney who devotes her practice to labor and employment defense. She has defended lawsuits brought under the FLSA, Title VII, the ADA, the ADEA, the Equal Pay Act, the FMLA, as well as claims of whistleblower retaliation, breach of contract, defamation and constructive discharge. She has represented corporate clients in claims of tortious interference, unfair competition, breach of restrictive covenant and misappropriation of trade secrets. Recent trial successes include securing a defense verdict from a 12-person jury in under an hour as lead trial counsel in a sex and pregnancy discrimination lawsuit pending in federal court.

Ms. O’Hara also frequently defends employers against claims of wage and hour violations brought under the FLSA and its state law counterparts. She has successfully defended class and collective actions across the United States, including California, Arkansas and Pennsylvania, as well as wage claims brought by individual employees. She regularly advises clients on wage laws and compliance, including minimum wage and overtime compensation, independent contractor classification, exemptions, deductions, child labor and donning and doffing. She helps clients perform internal position audits and she defends clients against wage and hour investigations initiated by the U.S. Department of Labor.

Ms. O’Hara routinely counsels employers on a variety of complex employment issues and provides practical, business-oriented remedies to meet their needs. She has an extremely high success rate defending clients against charges of discrimination, harassment and retaliation filed with federal, state and local administrative agencies. She is a frequent presenter on various employment topics, and regularly trains company managers and employees on compliance with employment discrimination laws, including sexual harassment.

Professional Associations/Achievements:

  • AV Preeminent Rating, Martindale-Hubbell.
  • Local Litigation Star, Benchmark Litigation.
  • Top 250 Women in Litigation, Benchmark Litigation (2016, 2017).
  • Chair, Nebraska State Bar Association, Labor Relations and Employment Law Section (2017-2018).
  • Officer, Nebraska State Bar Association, Labor Relations and Employment Law Section (2015-2017).
  • Member, Robert M. Spire American Inn of Court.
  • Member, Board of Directors, Partnership 4 Kids.
  • Member, Board of Directors, Bemis Center of Contemporary Arts.

Representative Experience:

  • Lead trial counsel in Title VII lawsuit in Nebraska federal court; secured defense verdict from 12-person jury in under an hour.
  • Lead trial counsel in wage and hour lawsuit in Nebraska state court; secured dismissal and created new law regarding proper classification of independent contractor satellite installers.
  • Lead trial counsel in successful defense of wage and hour class action in California state court brought by retail workers claiming unpaid overtime, wage statement violations, untimely wage payments, PAGA violations and unlawful business practices.
  • Lead trial counsel in successful defense of banking and insurance client in Nebraska federal court filed by former employee under the ADA, ADEA and FMLA.
  • Lead trial counsel in successful defense of financial services client in FINRA arbitration filed by former employee for breach of employment contract and violation of New Jersey wage payment law.
  • Lead trial counsel achieving dismissal in state and federal courts across the United States on various employment claims, such as, for example, Title VII, the ADA, the FLMA and the ADEA, outrage/IIED, breach of contract, ERISA, negligence, breach of the covenant of good faith and fair dealing, and tortious interference with business relationship or expectancy.
  • Co-trial counsel in negligence lawsuit in Nebraska state court; secured favorable verdict from 12-person jury; successfully defended before Nebraska Supreme Court on appeal; created new law regarding application of OSHA regulations.
  • Achieved decertification of class of drivers claiming misclassification as independent contractors in wage and hour collective action in Pennsylvania state court.
  • Achieved decertification of class of hourly employees claiming unpaid overtime for off-the-clock hours in wage and hour collective action in Arkansas state court.
  • Defended client in Iowa state court in high profile sexual harassment litigation.
  • Defended hospital client in California in wage and hour and retaliation litigation.