Employment Law

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).

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Peer Reviews

  • 4.7/5.0 (549 reviews)
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  • 5.0/5.0 Review for Matthew M. Enenbach by a Partner on 09/15/14 in Complex Litigation

    Based on my knowledge of him and his legal abilities, I recommend Mr. Enenbach for the highest rating available.

    Based on my knowledge of him and his legal abilities, I recommend Mr. Enenbach for the highest rating available. Read less

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  • 5.0/5.0 Review for Dale W. Brown II by a Partner on 03/05/13 in Civil Litigation

    Dale Brown is an excellent litigator. I have significant experience dealing with him and know him to be highly capable and very ethical. He is deserves a top rating.

    Dale Brown is an excellent litigator. I have significant experience dealing with him and know him to be highly capable and very ethical. He is deserves a top rating. Read less

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Inclusion of attorneys with diverse ethnic, racial, cultural, social, economic, religious and personal backgrounds has been a cornerstone of our culture at Kutak Rock. Our long tradition of commitment to diversity was established through the strong leadership and personal examples of the firm's founding partners. For example, the late Robert J. Kutak served on the board of the Legal Services Corporation through presidential appointment and was also chairman of the ABA Section on Individual Rights.

Under the leadership of our founding partners, Kutak Rock was a pioneer in the recruitment of women in the early 1970’s. In 1986, Kutak Rock received recognition from a women’s magazine, Savvy, as having the highest number of women partners among the top 150 law firms it surveyed. In 1991, we were selected to participate in the American Bar Association’s Minority Counsel Demonstration Program. Kutak Rock participated in the program for its entire duration, a period of over seven years. In 1992, The National Law Journal also found that Kutak Rock shared with another firm the distinction of having the highest percentage of women partners (23%) among the 251 largest law firms that participated in the survey. In 1995, the Midlands Bar Association, a professional association for minority lawyers in Omaha, presented the firm with the Pledge to Diversity Award. In 2008, Kutak Rock was named one of the Best Law Firms for Women by Working Mother magazine.

In 2005 we launched a formal diversity initiative which led to the creation of both a national Director of Diversity position and a Diversity Committee. Each year the Diversity Committee evaluates and implements a series of initiatives on recruiting, professional development, and community outreach and pipeline programs. Our efforts have earned Kutak Rock a place on the Top 100 Law Firm Diversity Listing by the publishers of MultiCultural Law magazine in 2009 and 2011, as well as the Top 100 Law Firms for Women listing. In 2010, Kutak Rock was selected as a co-recipient of the 2010 Diversity Award by the Nebraska State Bar Association and also received the 2010 CenturyLink Spirit of Diversity Partner Award. In 2010 and 2011, we received special recognition by the Human Rights Campaign for our diversity efforts in ensuring equality for lesbian, gay, bisexual and transgender employees in our workplace.

Our equal employment opportunity policy includes sexual orientation and gender identity. Since 2000, Kutak Rock has offered insurance benefits to domestic partners.

Today our commitment remains strong, with renewed focus to achieve sustainable diversity goals as part of our strategic plan for the firm. Our diversity goals are (a) to create and support an environment which provides equitable access and opportunities for professional growth to all employees, (b) to build a culture that respects and utilizes the diverse perspectives and skills of each and every employee, and (c) to increase representation of the underrepresented groups across all areas and levels of our firm.


Diversity Mission Statement

At Kutak Rock we strive to be a leader in promoting workplace diversity and inclusion. Our long-standing commitment to diversity reflects our mission:

To ensure that access and opportunities for professional growth are available to all qualified individuals without bias or barriers based on, among other things, gender, ethnicity, nationality, race, color, culture, sexual orientation, gender identity, religion, physical ability, marital or parental status, age, economic background and life experiences.

To recruit, hire, train, promote and retain qualified individuals from diverse backgrounds and with diverse perspectives.

To respect and nurture the diverse perspectives and skills of our workforce to deliver innovation and excellence to our clients and communities.

To reflect at all levels of our workforce the diversity of our clients, the United States of America and communities in which we serve.



Diversity Initiatives

Throughout the firm, our diversity initiatives focus on recruitment, retention and promotion of diverse attorneys and staff at all levels. Some of the efforts undertaken by Kutak Rock are summarized below:

  • Kutak Rock and the Robert J. Kutak Foundation contribute to the Kutak Rock Diversity Scholarship programs at the University of Nebraska–Lincoln College of Law and Creighton University School of Law. Awarded by the respective law schools to incoming students as part of the enrollment process, these scholarships were created to assist building a more diverse student body in Nebraska.
  • Kutak Rock has participated in the Colorado Pledge to Diversity Program since its inception in the early 1990s.  The program includes a summer clerkship opportunity for diverse students at the end of their first year of law school.
  • We have also sponsored Kutak Rock Scholarships to provide financial aid for third-year minority students at the University of Colorado School of Law and the University of Denver College of Law.
  • In 2006, Kutak Rock established a partnership with INROADS to sponsor ethnically diverse college students to gain exposure to the firm’s practice.  We offer a multiyear summer internship program through INROADS in our Omaha office.  Upon successful completion of the program, the INROADS interns will have the opportunity to participate in the firm’s summer associate program at the end of their first year in law school subject to approval by the recruiting committee.
  • Kutak Rock participates in the Heartland Diversity Legal Job Fair in Missouri, the Rocky Mountain Diversity Legal Career Fair in Colorado and the Nebraska Diversity Summit Job Fair.
  • Kutak Rock joined other law firms in Omaha, Nebraska, Kansas City, Missouri and Wichita, Kansas in creating and signing, respectively, the Nebraska Diversity Call to ActionKansas City Metropolitan Area Managing Partners’ Diversity Initiative Action Plan and the Wichita Bar Association Managing Partners’ Diversity Initiative Action Plan. Our managing partner at the Wichita office received the President’s Award for his role on the Drafting Committee of the Wichita Bar Association Managing Partners’ Diversity Initiative Action Plan in 2006.
  • Kutak Rock and its attorneys actively participate in diversity events and organizations through memberships, attendance at events and/or financial contributions. Organizations supported by the firm and our attorneys include the National Association of Women Lawyers, the National Bar Association, the Hispanic National Bar Association, the Hispanic National Bar Foundation, Minority Corporate Counsel Association, Arizona Women Lawyers Association, Arizona Asian American Bar Association, Anti-Defamation League, NAACP, the Urban League, the Philippine American Bar Association, INROADS, Atlanta Women’s Foundation, Orange County Asian American Bar Association, Orange County Hispanic Bar Association, Virginia Asian American Bar Association, Arkansas Association of Women Lawyers, Puerto Rican Bar Association, and many others.


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