Employment Litigation and Arbitration
Our employment litigation attorneys have significant experience defending employers in state and federal administrative proceedings, as well as state and federal litigation in single and multi-plaintiff cases, multidistrict litigation and class and collective actions across the country. While firm attorneys have defended countless legal claims asserting a plethora of employment law theories, they have significant experience litigating employment claims brought under local ordinances, state statutes and federal acts alleging discrimination, harassment and/or retaliation, including the Fair Labor Standards Act (“FLSA”), Title VII, the Age Discrimination in Employment Act (“ADEA”), the Pregnancy Discrimination Act (“PDA”), 42 U.S.C. § 1981, 42 U.S.C. § 1983, the Americans with Disabilities Act (“ADA”), the ADA Amendments Act (“ADAAA”), the Lilly Ledbetter Fair Pay Act, the Genetic Information Nondiscrimination Act (“GINA”), the Equal Pay Act (“EPA”), the Family and Medical Leave Act (“FMLA”), and the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The firm also has experience with lawsuits alleging violations of the National Labor Relations Act (“NLRA”) and the Worker Adjustment and Retraining Notification Act (“WARN”).
In state court and federal diversity matters, the firm defends clients against a myriad of state tort and contract law claims arising in the employment context, including, for example, claims alleging whistleblower retaliation, wrongful or constructive discharge, defamation, breach of contract (including breach of employee handbook provisions), breach of fiduciary duty, promissory estoppel, breach of restrictive covenants, misappropriation of trade secrets, unfair competition, tortious interference and breach of golden parachute plans.
Kutak Rock attorneys also have represented clients in arbitrations across the country in a wide variety of matters, including labor and employment disputes. Our hands-on experience includes representation of clients in employment arbitration proceedings brought before JAMS, FINRA, FMCS and AAA.
In litigating and arbitrating employment matters, Kutak Rock lawyers work to achieve early and cost-effective resolutions for employers through dispositive motion practice and alternative dispute mechanisms. Through aggressive and thorough presentation of defenses in administrative proceedings before the EEOC and state or local civil rights commissions, the firm also assists employers in successfully defeating harassment, whistleblowing and discrimination claims, often discouraging future litigation.