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Marcia Washkuhn

Partner

Marcia focuses her practice entirely on representing corporate and management clients in employment matters. Marcia is chair of the firm’s National Employment Group, leader of the Omaha Employment Group, and serves as Kutak Rock’s employment counsel.

Employment Litigation

In her employment practice, Marcia defends clients in single-plaintiff actions, multidistrict litigation and class actions, and she has litigated claims filed in several state and federal courts across the country. She has had an exceptionally high degree of success obtaining summary judgment in discrimination and retaliation cases as well as no reasonable cause findings on charges filed with the Equal Employment Opportunity Commission and state and local regulating agencies.

Marcia’s litigation experience includes matters asserted under Title VII, the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Equal Pay Act, the Pregnancy Discrimination Act (PDA) and the Fair Labor Standards Act (FLSA), as well as similar state discrimination and wage payment laws. She also focuses on cases involving noncompete agreements, corporate raiding, and misappropriation of trade secrets and breaches of fiduciary duties by employees, officers or directors. Marcia has defended clients in ERISA and employee benefits litigation, has experience arbitrating labor disputes and has handled employment arbitrations pending before FINRA, the AAA and the FMCS.

Advice and Counseling

Marcia also provides day-to-day advice to employers on a wide array of employment issues, including wage payment matters, workplace investigations, self-audits, interviewing, drug testing, background checks, record-keeping requirements, application of the ADA and the FMLA, unemployment, workers’ compensation and employee discipline. In addition, she regularly conducts employment-related investigations, trains and speaks on employment law issues to employers and industry groups, provides advice on employment issues arising from reductions in force, mergers, acquisitions and reorganizations and regularly drafts and advises on employment-related policies, procedures and agreements.

Speaking Engagements
  • “#MeToo, Where We Are,” Protecting Corporate Interests From the Inside, Kutak Rock CLE, Kansas City, MO, June 2018 (presenter)
  • “Employee Retaliation,” Protecting Corporate Interests From the Inside, Kutak Rock CLE, Kansas City, MO, June 2017 (presenter)
  • “FMLA/ADA Brainteasers,” Solving the Employment Law Puzzle: Putting the Pieces Together, Kutak Rock CLE, Omaha, Nebraska, November 2016 (presenter)

  • Super Lawyers®, Employment and Labor, 2016-2018
  • Benchmark Litigation, Future Star, 2013, 2016-2018
  • Benchmark Litigation, Litigation Star, 2018
  • Benchmark Litigation, Top 250 Women In Litigation in the United States, 2013