Marcia A. Washkuhn: Lawyer with Kutak Rock LLP

Marcia A. Washkuhn

Omaha,  NE  U.S.A.
Phone(402) 231-8763

Peer Rating
BV® Distinguished

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Experience & Credentials Ratings & Reviews

Practice Areas

  • Trade Secrets
  • Litigation
  • Labor Law
  • Employment Law
  • ERISA and Benefits Litigation
University University of Nebraska-Lincoln, B.A., Political Science, with distinction, 1993
Law SchoolUniversity of Nebraska College of Law, J.D., with high distinction, 1996
Admitted2006, Iowa; U.S. District Court for the District of Nebraska; U.S. District Court for the Northern District of Iowa; U.S. District Court for the Southern District of Iowa; 1996, Nebraska; US Court of Appeals; U.S. Court of Appeals for the Tenth Circuit; U.S. Supreme Court; U.S. District Court for the District of Colorado

Memberships and Affiliations

•Defense Research Institute
•American Bar Association Litigation and Employment Law Sections
•Nebraska Bar Association Labor and Employment Law Sections
•Iowa Bar Association Labor and Employment Law Sections
•United Who's Who Executive Registry

Other Distinctions

Benchmark Litigation 2013 Future Star
Benchmark Litigation Top 250 Women In Litigation in the United States

BornMcCook, Nebraska, August 3, 1970

Ms. Washkuhn, a litigation partner and head of the Omaha office's employment group, has extensive experience handling a variety of labor and employment matters across the United States. She has defended clients in single-plaintiff actions, multidistrict litigation and class actions, and she has litigated claims filed in various state and federal courts, including Nebraska, Iowa, Idaho, North Dakota, South Dakota, Colorado, Texas, Arizona, Illinois, Minnesota, Kansas and Missouri. Her significant litigation experience includes matters asserted under Title VII, the Family Medical Leave Act (FMLA), the Americans with Disability 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.

Ms. Washkuhn's practice also focuses on litigating cases involving noncompete agreements, corporate raiding, misappropriation of trade secrets and breaches of fiduciary duties by employees, officers or directors. In addition, she has defended clients in ERISA and employee benefits litigation. Ms. Washkuhn also has significant experience arbitrating labor disputes, and she has handled employment arbitrations pending before FINRA, the AAA and the FMCS.

In addition to her litigation and arbitration experience, Ms. Washkuhn regularly provides day-to-day advice to employers on a wide array of employment issues, including wage payment matters, self-audits, interviewing, drug testing, background checks, record-keeping requirements, application of the ADA and the FMLA, unemployment, workers' compensation and employee discipline. She also has significant experience drafting and providing advice on employment contracts, restrictive covenants, severance agreements, job descriptions, employment applications, employment policies and employee handbooks. In addition, she regularly provides advice on employment issues arising from reductions in force, mergers, acquisitions and reorganizations.

Ms. Washkuhn has had an exceptionally high degree of success obtaining summary judgment in discrimination and retaliation cases as well as no reasonable cause findings on complaints filed with the Equal Employment Opportunity Commission and state and local regulating agencies.

Additionally, she regularly authors articles on current trends in employment law, she often hosts and presents at seminars, and she frequently trains supervisors, managers and human resource professionals on various employment topics, including sexual harassment. Although Ms. Washkuhn focuses her practice on employment matters, she is a well-rounded litigator with previous experience defending corporations in other areas of the law. Among other areas, Ms. Washkuhn has litigated insurance coverage disputes, products liability cases, antitrust issues, personal injury actions and commercial matters.

• Ms. Washkuhn has successfully defended corporate clients in labor and employment matters in Nebraska, Iowa, Idaho, North Dakota, South Dakota, Colorado, Texas, Arizona, Illinois, Minnesota, Kansas and Missouri, including matters filled under Title VII, the FMLA, the ADA, the ADEA, the Equal Pay Act, the PDA, USERRA, ERISA and the FLSA, as well as various state law employment claims. She has significant experience arbitrating labor matters, as well as employment cases pending before FINRA, FMCS and AAA.
• Ms. Washkuhn regularly provides advice to employers on a wide array of employment issues and drafts employment contracts and other employment related documents.
• Ms. Washkuhn has been recognized by Benchmark Litigation as a 2013 Future Star and one of the Top 250 Women In Litigation in the United States.


December 12, 2012 Washkuhn, Van Horne Among Benchmark's Top 250 Women In Litigation Kutak Rock's Marcia Washkuhn and Amy Van Horne are included in Benchmark Litigation's inaugural list of Top 250 Women in Litigation.

July 31, 2012 Benchmark Litigation Recognizes Seven Attorneys
Kutak Rock and seven of our attorneys are recognized in the latest edition of Benchmark Litigation.

March 16, 2012 Omaha Employers: LGBT Ordinance Effective March 30 On Tuesday, March 13, 2012, the Omaha City Council narrowly passed an amendment to the current equal employment opportunity ordinances prohibiting employers, employment agencies and labor organizations in the City of Omaha from discriminating against an individual on the basis of sexual orientation and gender identity.

March 5, 2012 Court: Notify Workers on Their Right to Unionize On Friday, March 2, 2012, in National Association of Manufacturers v. National Labor Relations Board, Case No. 1:11-cv-01629, the United States District Court for the District of Columbia upheld the National Labor Relations Board's (NLRB) recent rule requiring employers to post notice to workers of their right to unionize.

January 27, 2012 No Employer Liability in Third-Party Tort Actions Downey v. Western Comty. College Area, 282 Neb. 970 (2012)

December 10, 2011 May ERISA Plan Offset Veterans Administration Benefits?
In a split decision, the U.S. Court of Appeals for the Eighth Circuit recently decided whether an ERISA long-term disability plan may offset the plaintiff's receipt of VA disability benefits.

November 17, 2011 Benchmark Litigation Recognizes Seven Omaha Attorneys
Seven attorneys in Kutak Rock LLP's Omaha office are named in the latest annual edition of Benchmark Litigation, a guide to America's leading firms and attorneys.

October 10, 2011 NLRA Posting Mandate Postponed Until January 2012
Confusion and controversy prompted the National Labor Relations Board (the Board) to issue a statement on October 5, 2011 delaying its posting mandate until January 31, 2012.

July 6, 2011 Supreme Court Denies Certification of Sex Discrimination Class Action Against Wal-Mart

April 26, 2011 Thoughtful Inquiry Could Mean Liability Under GINA


July 1, 2013 Two Recent U.S. Supreme Court Decisions Weaken Discrimination and Retaliation Suits for Employees
On Monday, June 24, 2013, a sharply divided Supreme Court made it harder for employees to win discrimination and retaliation suits against their employers. In a pair of 5-4 decisions, the Court limited how juries can decide retaliation lawsuits, requiring victims to prove employers would not have taken action against them but-for their intention to retaliate. The Court also held a person must be able to hire and fire someone to be considered a supervisor in discrimination lawsuits.

Client Alert

May 10, 2013 NE Supreme Court: PTO Is Like Vacation and Must Be Paid Upon Termination, Despite Employer's Contrary Written Policies In a 4-3 split decision, on May 3, 2013 the Nebraska Supreme Court in Fisher v. Payflex Systems USA, Inc. held that paid time off (PTO) is the same as accrued but unused vacation that must be paid upon separation of employment under the Nebraska Wage Payment and Collection Act (the Act).

Client Alert

May 10, 2013 NLRB Advice and Rulings Provide Guidance on Employer Policies
Client Alert

May 10, 2013 SCOTUS: At Class Certification Stage, Plaintiffs Must Prove Damages Are Capable of Measurement Through Class-Wide Proof On March 27, 2013, in a 5-4 decision of a very divided bench, the U.S. Supreme Court held plaintiffs in a class action must demonstrate damages attributable to a class-wide injury may be measured on a class-wide basis to qualify for certification.

Client Alert

April 22, 2013 Supreme Court: Clear Terms of an ERISA Plan Govern Reimbursement Following a Plan Participant's Third-Party Recovery
Client Alert

October 18, 2012 Wage & Hour Considerations: Smartphones: Changing the Workplace One App at a Time
As more employees choose to use smartphones for work, the landscape has once again shifted for employers. Several new mobile applications, or apps, for smartphones have given employees increased autonomy and abilities at work.

Client Alert

July 24, 2012 Non-Union Employers Beware: NLRB Takes Aim at At-Will Disclaimers
The National Labor Relations Board (Board) continues to take aggressive actions to regulate both union and non-union employers. Several recent actions by the Board are causing concern that an expanded use of federal jurisdiction by the Board will significantly impact nonunionized employers.

Client Alert

June 22, 2012 FLSA: Pharma Reps Qualify as Exempt
On June 18, 2012, the United States Supreme Court resolved a split between the Second and Ninth Circuits, finding a pharmaceutical sales representative qualifies as an exempt outside salesperson under the Fair Labor Standards Act (FLSA).

Client Alert

June 1, 2012 NLRB Acting General Counsel Issues More Guidance On Social Media Issues Under the NLRA
On May 30, 2012, the Acting General Counsel of the National Labor Relations Board (NLRB) issued an updated report regarding recent social media cases.

Client Alert

January 27, 2012 No Employer Liability in Third-Party Tort Actions
Client Alert


Past Events

November 6, 2013 Employment Law CLE 2013

November 8, 2012 Employment Law CLE 2012

May 16, 2012 CLE: Common Ethical Issues for In-House and Corporate Counsel

November 17, 2011 Employment Law CLE 2011

January 31, 2011 Construction Law CLE

Reported CasesSchatz v. Mutual of Omaha, 220 F.3d 944 (8th Cir. 2000); Fowler v. SmithKline Beecham Clinical Laboratories, Inc., 225 F.3d 1013 (8th Cir. 2000); Grimm v. U S WEST Communications, Inc., 644 N.W.2d 8 (Iowa 2002); Holmes v. Crossroads Joint Venture, 629 N.W.2d 511 (Neb. 2001); AT&T Communications of Midwest, Inc. v. U S WEST Communications, Inc. 143 F. Supp.2d 1155 (D. Neb. 2001); Weatherman v. Disabled American Veterans, 15 F. Supp.2d 940 (D. NEb. 1998).

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#241 in weekly profile views out of 3,350 lawyers in Omaha, Nebraska
#118,117 in weekly profile views out of 1,538,052 total lawyers Overall

Office Information

Marcia A. Washkuhn

1650 Farnam Street
OmahaNE 68102-2186


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