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Marcia Washkuhn

Partner

With over 25 years of experience as a labor and employment attorney, Marcia represents corporate and management clients in all aspects of employment law. She is chair of the firm’s National Employment Group, leads the Omaha Employment Group, and serves as Kutak Rock’s employment counsel.

Employment Litigation

Marcia achieves favorable results for her clients in litigation and arbitration matters through thoughtful pre-trial motion practice, deliberative trial tactics and creative dispute resolution strategies. Clients rely on Marcia’s substantial expertise to guide them through challenging and complex employment law issues, with the goal of avoiding litigation, but the knowledge she will successfully defend them if litigation is inevitable. Marcia defends clients in single-plaintiff lawsuits, multidistrict litigation and class actions, and she has litigated employment-related claims filed in state and federal courts across the country. She has had an exceptionally high degree of success obtaining summary judgment in discrimination, harassment, whistleblowing 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 the protection of corporate assets, including claims related to noncompete agreements, corporate raiding, 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 brought before FINRA, the AAA and the FMCS.

Advice and Counseling

Marcia regularly provides day-to-day advice to employers on a wide array of employment issues, including employee safety, OSHA compliance, FLSA and other wage payment matters, position classification, independent contractor status, self-audits, department of labor and other agency audits, job interviews, drug testing, background checks, record-keeping, sick pay requirements, state leave laws, COVID-19 risks and legal obligations, application of the ADA and the FMLA, unemployment benefits, workers’ compensation, employee discipline, employment terminations and severance packages. In addition, she regularly provides advice on employment issues arising from layoffs, plant closings and other reductions-in-force, as well as mergers, acquisitions and reorganizations.  Marcia also drafts and provides advice on employment-related policies, procedures and agreements and has substantial experience conducting and advising clients on workplace investigations, including those pertaining to sexual harassment and discrimination.

 

Marcia keeps her clients informed of developments and changes in employment law.  As a result, she regularly designs and presents seminars and training sessions to educate her client employers and their employees on relevant employment laws, legal updates, and best practices.  She also is a frequent speaker on employment law topics in the legal industry and often presents to human resource groups and other professional organizations.

In recognizing the talents that have led to Marcia’s success over the years, including her Martindale-Hubbell® “AV Preeminent” Rating, clients have described  her as “the most detailed, prepared and qualified attorney” they have “ever worked with.”  She “knows the law,” but also is “open to [the] client[‘]s goals and differing positions to not only arrive at a victory, but also one that meets the client expectations.”  Similarly, when recently recognized by Chambers USA® as a “Leading Labor & Employment Attorney,” Marcia was described as being “extremely professional, helpful, honest and excellent to work with, ”listening intently” and offering “great feedback and guidance on handling difficult employee matters.”

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

Best Lawyers®
The Best Lawyers in America
2022

Martindale-Hubbell®, "AV Preeminent" Rating

Top Lawyers of Omaha
Civil Law Litigation
2021

 

Chambers USA® 
Leading Labor & Employment Attorney
Nebraska, 2019-2021

Super Lawyers®
Employment and Labor
2016-2021

Benchmark Litigation®
Top 250 Women In Litigation
2013

Benchmark Litigation®
Labor & Employment Star
2019-2020

Benchmark Litigation®
Litigation Star
2018

Benchmark Litigation®
Future Star
2013, 2016-2018