Practice/Industry Group Overview
Kutak Rock’s National Employment Group works with clients ranging from small start-up companies to Fortune 100 corporations with more than 100,000 employees, from states and political subdivisions to state and county agencies. We work closely with all clients to meet their individual goals. We understand that the modern-day practice of law requires creative thinking, efficiency and stringent control of costs. We work closely with our clients to formulate the most effective, efficient way to obtain positive results. Sometimes the client believes early settlement and resolution is the goal, sometimes the client hopes to prevail on a motion to dismiss or motion for summary judgment, and other times the client is resolved to try the case to conclusion.
Day-To-Day Employment Counseling and Representation. Every lawyer in Kutak Rock’s National Employment Group is skilled in advising employers on the basic but essential workplace tools, including personnel policies and handbooks, employment contracts, employee benefit plans, employment-related tax issues, severance packages and non-competition agreements. We often conduct wage and hour audits and provide advice on wage and hour issues. We also regularly give employers direction to ensure compliance with state and federal laws. When employee complaints arise, we investigate and advise proactively to minimize the risks of further claims and litigation. Clients count on our attorneys’ litigation know-how in representation at hearings involving administrative agencies, workers’ compensation, unemployment and union grievances. Under the AttorneyDirect™ program, we also provide legal advice and services on employment matters to many clients as a “risk management” tool to avoid claims and litigation.
Employment Litigation. Our Employment Law Group is experienced in defending employers in administrative proceedings and litigation involving claims brought under local ordinances, state statutes and federal Acts, including Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Americans with Disabilities Amendments Act (ADAAA), the Equal Pay Act (EPA), the Family and Medical Leave Act (FMLA), the Pregnancy Discrimination Act (PDA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Worker Adjustment and Retraining Notification Act (WARN), the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA). In state and federal diversity matters, the firm navigates clients through the labyrinth of state discrimination, tort and contract law claims arising in the employment context, including claims for wrongful discharge, violations of public policy, whistle-blowing, retaliation, trade secret violations, breach of fiduciary duty, corporate raiding, promissory estoppel and restrictive covenants. Our attorneys frequently represent management in labor proceedings and arbitrations and assist management with disciplinary matters, compensation issues, discrimination claims, contractor issues and changes in working conditions.
FLSA and Wage and Hour Claims. One of the fastest-growing areas of litigation is class and collective actions involving wage and hour claims. Our record speaks for itself: Our attorneys are recognized for their aggressive, successful defense of class and collective actions in state and federal courts across the country. As a proactive measure, we also regularly help clients avoid wage and hour disputes through audits and advice on best practice protocols.
Employment Arbitration. Kutak Rock attorneys have represented clients in more than 1,000 arbitrations in a wide variety of complex commercial matters, insurance and reinsurance disputes and employer-employee disputes. They also have represented clients in more than 400 securities industry arbitration proceedings. Our hands-on experience includes representation of clients before the National Association of Securities Dealers, Inc. (NASD), the New York Stock Exchange (NYSE), the National Futures Association (NFA) and the American Arbitration Association (AAA).