Kerry E. Notestine

Kerry E. Notestine represents management in employment matters, particularly trials and other litigation under federal, state, and local anti-discrimination statutes, and has deep knowledge in reductions-in-force and other downsizing issues. Kerry wrote the leading book on trials of employment law cases, Employment Law Trials: A Practical Guide. He is working on another book, Reductions in Force, to be published by LexisNexis Publishing. Kerry also counsels employers regarding other employment issues and represents employers in legal disputes before government agencies, arbitrators and administrative tribunals.

Kerry has tried 26 lawsuits to verdict in federal and state courts, including one class action, and has represented companies in more than 25 administrative trials, non-labor arbitrations, and labor arbitrations. His jury trials include:

• Multi-plaintiff race discrimination case involving nooses in the workplace
• Two Fair Labor Standards Act misclassification cases
• Several cases involving alleged unlawful discrimination and retaliation
• Several cases involving alleged breach of employment agreements

He also handled a federal class action bench trial involving alleged denial of retiree medical benefits in violation of ERISA, as well as state jury trials involving claims of denial of employment benefits, unlawful discrimination and retaliation, employment law torts, and breach of employment contracts.

Additionally, Kerry has represented employers in administrative law trials and arbitrations involving exempt status under the Washington wage and hour statute, retaliation under the Pipeline Safety Improvement Act, sexual harassment claims, executive compensation and numerous matters relating to union/management relations.

He also has litigated employment claims, in which the claimant alleged:

• Misclassification of workers as independent contractors
• Sexual harassment
• Retaliation and workers’ compensation retaliation
• Intentional infliction of emotional distress
• Assault and defamation
• Breach of executive contract and severance rights
• Race, national origin, religion, and gender discrimination
• Disability discrimination and failure to accommodate
• Age discrimination
• Violations of the Family and Medical Leave Act
• Violations of the Employee Retirement Income Security Act
• Violations of the Worker Adjustment and Retraining Notification Act
• Denial of employment benefits

He has represented companies in more than 20 appeals.

Kerry has obtained numerous published decisions, including dismissals, summary judgments, and motions for decertification of collective actions. He has served as lead counsel in the defense of significant employment class/representative actions, including cases involving claims of:

• Misclassification as independent contractors involving several hundred opt-in plaintiffs
• Denial of retiree medical benefits under the Employee Retirement Income Security Act in federal district court involving 100 class members
• Misclassification of assistant store managers under the Fair Labor Standards Act involving 600 class members
• Race discrimination in hiring involving 8,000 class members
• Failure to provide proper notice under the Worker Adjustment Notification and Retraining Act in a mass layoff of 1,800 individuals
• Age discrimination in hiring involving over 500 class members

He also participated in the litigation team on two other significant class/representative actions, one involving more than 150 plaintiffs in a representative action under the Age Discrimination in Employment Act and the other a 1,500-member class action involving claims of sex discrimination in compensation and promotion.

Kerry's clients span the following industries:

• Oil and Gas
• Oil and Gas Services
• Financial Services
• Staffing
• Manufacturing

A frequent writer and speaker on employment matters before business and professional groups, Kerry has authored more than 10 articles and book chapters on employment law topics.

Kerry is the co-chair of Littler's Business Restructuring Practice Group, a member of the EPLI Committee core group and a founding member of the Complex Litigation and Jury Trials Practice Group. Prior to becoming a shareholder at Littler, Kerry was an associate and partner with a large Houston based general practice firm for 14 years.