Gigi O’Hara

USA: Nebraska

Kutak Rock LLP
1650 Farnam Street
The Omaha Building
Omaha, Nebraska 68102-2103

Tel: 402.661.8652

Email: gigi.ohara@kutakrock.com
Web: www.kutakrock.com

Professional Biography

As the head of Kutak Rock’s national Wage and Hour Defense Group, Gigi regularly defends clients in FLSA litigation and wage and hour class actions across the United States. She has defended several significant, large-dollar wage and hour lawsuits brought under various theories, including exemption misclassification, independent contractor misclassification, unpaid overtime, unpaid minimum wage, unlawful deductions, improper calculation of the regular rate, off-the-clock work, missed meal and rest breaks, among other alleged violations. She also regularly defends clients against individual wage claims and wage and hour audits initiated by the U.S. Department of Labor.

In addition to her wage and hour experience, Gigi’s first-chair trial experience includes securing a defense verdict in under an hour in a Title VII discrimination lawsuit pending in federal court. She has also litigated lawsuits brought under the ADA, the ADEA, the Equal Pay Act, and the FMLA, as well as various business disputes over trade secrets, non competes, tortious interference, and breaches of contracts or fiduciary duties by employees. She has successfully litigated both employment arbitrations and discharge grievances in labor arbitrations on behalf of management.

She is a frequent presenter for in-house counsel, SHRM members and other HR professionals, and regularly trains managers and employees on compliance with employment laws in the areas of sexual harassment and wage and hour.

Since 2016, Benchmark Litigation has ranked Gigi as a leading female litigator on its national list of “Top 250 Women in Litigation” and selected her as a “Litigation Star” from 2017-2019.

Chambers USA® also recognized Gigi as a “Notable Practitioner” in Labor & Employment in 2018 and ranked her among the leading practitioners in Labor & Employment in 2019 “following warm praise for her employment litigation practice.” Chambers USA® further notes, “She particularly impresses in connection with discrimination and wage and hour litigation.” One client was quoted as reporting, “She provided stellar work and is very responsive to our needs.”

She earned Martindale-Hubbell’s highest peer rating of AV® Preeminent™ and currently serves as Chair of the Labor Relations & Employment Law Section of the Nebraska State Bar Association, a position she has held since 2017.

Recent Cases & Experience

  • Lead trial counsel in Title VII lawsuit in Nebraska federal court; secured defense verdict from 12-person jury in under an hour.
  • Lead trial counsel in successful defense of logistics company client in labor arbitration filed by former employee driver and union alleging wrongful discharge in violation of Collective Bargaining Agreement.
  • Lead trial counsel achieving dismissals in state and federal courts across the United States on various employment claims, such as, for example, Title VII, the ADA, the FLMA, § 1981 and the ADEA, outrage/IIED, breach of contract, ERISA, negligence, breach of the covenant of good faith and fair dealing, and tortious interference with business relationship or expectancy.
  • Lead trial counsel in wage and hour lawsuit in Nebraska state court; secured dismissal and created new law regarding proper classification of independent contractor satellite installers.
  • Achieved decertification of class of drivers claiming misclassification as independent contractors in wage and hour collective action in Pennsylvania state court.
  • Achieved decertification of class of hourly employees claiming unpaid overtime for off-the-clock hours in wage and hour collective action in Arkansas state court.
  • Lead trial counsel in successful defense of wage and hour class action in California state court brought by retail workers claiming unpaid overtime, wage statement violations, untimely wage payments, PAGA violations and unlawful business practices.
  • Lead trial counsel in successful defense of banking and insurance client in Nebraska federal court filed by former employee under the ADA, ADEA and FMLA.
  • Lead trial counsel in successful defense of financial services client in FINRA arbitration filed by former employee for breach of employment contract and violation of New Jersey wage payment law.
  • Co-trial counsel in negligence lawsuit in Nebraska state court; secured favorable verdict from 12-person jury; successfully defended before Nebraska Supreme Court on appeal; created new law regarding application of OSHA regulations.

The Employment Law Practice

Our Employment Group is committed to assisting clients navigate employment issues and problems they may face by providing a variety of services, including day-to-day counseling, employment-related investigations, dispute resolution, litigation and arbitration defense, and class action representation. Drawing from our diverse backgrounds and experience, the Employment Group maintains a national practice and performs services for private and public employers of all sizes and organization types, including start-ups, large corporations, not-for-profit organizations and government agencies.

We understand the fundamentals of client service, including the fact that employment issues do not always occur at a convenient time during a regular business day. The group works hard to respond when our clients need us, on their time-frame, providing assurance through our immediate focus on employment issues as they happen.

We also know employment issues may affect a client’s entire organization and we endeavor to provide holistic advice so our clients may navigate both the obvious and more subtle legal issues that may impact their business. Our experience representing many of our firm’s institutional clients fosters insight and acumen that are not typically found in boutique firms. We work collaboratively with each of the firm’s practices and are not bound by geography. We are focused on delivering responsive, creative and efficient service that meet the needs and objectives of every client.

About Kutak Rock

Founded on a handshake among friends and a commitment to exceptional client service, Kutak Rock has grown into a national law firm of more than 500 lawyers with offices coast to coast. We represent business and governmental clients with collaborative teams and legal services that bring fresh perspective and redefine value.

Kutak Rock offers legal services that are aligned with the marketplace and showcase our attorneys’ background, skill and experience. Founded in finance, the firm has evolved to become one the nation’s leading business law firms, with service offerings that span business and corporate law, public finance, litigation and real estate law. We work together in integrated groups to enhance client service and cross-office practice development, foster innovation and unlock value for clients.

We are committed to the long-term stewardship of the firm and full engagement of attorneys and staff in the success of our clients, each other, and Kutak Rock. This commitment is exemplified in every client interaction and fosters sustainability of the firm and our client service model. We are prepared to assist with virtually any legal matter or project, regardless of scope or scale. We represent clients in transactions of all types in venues across the country, and our litigators are comfortable in any courtroom, including state and federal courts and specialized administrative tribunals. Our collective experience and focus on innovation and creativity inspires client confidence.

 
“Gigi O’Hara enters the rankings following warm praise for her employment litigation practice. She particularly impresses in connection with discrimination and wage and hour litigation. “She provided stellar work and is very responsive to our needs,” notes one client.”
Chambers & Partners