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Scott Jackson

Partner

Scott represents and counsels corporate clients and management professionals in employment related matters and complex commercial litigation. 

Scott Jackson is a partner in the Fayetteville office of Kutak Rock. He is a member of the firm’s National Employment Group and represents clients in employment-related matters and complex commercial litigation. Scott has served employers of all sizes—from Fortune 50 companies to family-owned businesses—in the retail, healthcare, construction, hospitality, food processing, real estate, and financial services industries.

Scott has extensive experience representing employers and management professionals in single-plaintiff and multi-party claims of discrimination, harassment, wrongful termination, and retaliation in state and federal courts. He also frequently represents clients in arbitration proceedings and before administrative agencies, including the Equal Employment Opportunity Commission. In recent years, Scott has guided clients through the complex maze of wage and hour laws, serving as lead counsel in class and collective action litigation and defending state and federal Department of Labor investigations. He also represents employers and management professionals in unfair competition and breach of contract litigation, including claims related to non-compete agreements.

In addition to his litigation practice, Scott routinely counsels business owners, management, and human resource professionals on practical ways to avoid litigation through compliance and effective risk management. Scott is frequently called upon to conduct internal investigations of employment-related claims and has significant experience assisting clients with pre-litigation dispute resolution. Scott approaches each problem with the goal of minimizing risk while carrying out each client's unique business objectives. This includes preparing compliant personnel policies, drafting employment agreements, and guiding clients through difficult employee separation issues, including the preparation of severance agreements.

In 2019 Scott was named a Labor and Employment Star by Benchmark Litigation. Also in 2019 he was recognized as one of Arkansas’s Best Lawyers in the area of Labor and Employment by AY Magazine. Scott was named a Labor and Employment Rising Star by Super Lawyers® from 2015-2018.

Speaking Engagements
  • “Employment Law Update:  Preventing and Defending Sexual Harassment Claims in the #MeToo Era,” Fort Smith, Arkansas, 2018
  • “Managing FMLA Leave Requests: Ensuring Best Practices and Mitigating Liability,” Fayetteville, Arkansas, 2016
  • “Navigating Complicated FMLA Issues: A Look at Current Case Law,” Fayetteville, Arkansas, 2016

  • Representation of Fortune 50 Company in all manner of discrimination and harassment claims in state and federal courts in Arkansas and Missouri.
  • Defeated certification of a Rule 23 class of more than 5,000 current and former hourly employees alleging state law minimum wage and overtime violations associated with national food processing company’s donning, doffing, and meal break practices.
  • Representation of consumer goods manufacturer employing more than 1,000 individuals at its Arkansas facility on multiparty claims of race discrimination. Trial verdict in favor of client affirmed on appeal to the United States Court of Appeals for the Eighth Circuit.
  • Representation of national healthcare system in claims of tortious interference, deceptive trade practices, and civil conspiracy.
  • Representation of multiple restaurants and restaurant franchisor in FLSA collective action asserting violations of FLSA tip credit provision. Obtained dismissal of several individual restaurant locations and decertification of conditionally certified collective action. Successfully defended clients' implementation of voluntary arbitration agreements before the United States Court of Appeals for the Eighth Circuit.
  • Representation of national construction contractor on state and federal claims of disability discrimination, age discrimination, gender discrimination, retaliation, and violations of the Equal Pay Act.  Obtained summary judgment on all but one claim. Trial verdict in favor of defendant on remaining claims.
  • Representation of physician on claims of negligence and professional negligence. Obtained directed verdict in favor of client.
  • Representation of auto parts manufacturer employing more than 500 individuals at its Arkansas facility on claims of sexual harassment, gender discrimination, age discrimination and retaliation.  Summary judgment in favor of client affirmed on appeal to the United States Court of Appeals for the Eighth Circuit. Certiorari to the United States Supreme Court denied.
  • Representation of Fortune 500 auto parts retailer with locations throughout Arkansas on claims of hostile work environment, disability discrimination, age discrimination and retaliation. Obtained summary judgment in favor of defendant.
  • Representation of consumer goods manufacturer employing more than 1,000 individuals at its Arkansas facility on multiparty claims of retaliation, race discrimination, and age discrimination.  Summary judgment in favor of client affirmed on appeal to the United States Court of Appeals for the Eighth Circuit
  • Representation of industrial conveyor manufacturer employing more than 300 individuals at it Arkansas facility on claim of gender discrimination. Trial verdict in favor of client.
  • Representation of regional health care provider on claims of gender discrimination and pregnancy discrimination under Title VII, as amended by the Pregnancy Discrimination Act. Obtained trial verdict in favor of defendant.
  • Representation of construction contractor in FLSA collective action asserting minimum wage and overtime violations.
  • Representation of insurance professionals on claims of breach of non-compete agreements and misappropriation of trade secrets. Obtained summary judgment in favor of clients declaring non-compete agreements invalid and unenforceable under Arkansas law.
  • Representation of industrial conveyor manufacturer employing more than 300 individuals at it Arkansas facility on claim of age discrimination. Summary judgment in favor of client.

  • Super Lawyers®  Rising Star, Labor and Employment, 2015-2018
  • AY Magazine, Arkansas’ Best Lawyers, Labor and Employment Law, 2019
  • Benchmark Litigation Labor and Employment Star, 2019