Image: Kenneth W. Gage

Kenneth W. Gage

Partner, Employment Law Department

Overview

Kenneth Gage is a partner in the Employment Law Department of Paul Hastings and Chair of the Workplace Retaliation and Whistleblower Defense practice. He is based in the firm’s New York and Chicago offices. The Legal 500 lists him in tier one in the categories of Labor and Employment Litigation and Workplace and Employment Counseling, he is rated "AV Preeminent" by Martindale-Hubbell®, and he is a Fellow of the American College of Labor and Employment Lawyers. Mr. Gage represents employers in a wide range of federal and state employment litigation matters, from pre-litigation counseling through trials and appeals. His litigation experience includes defendants’ verdicts in several jury trials involving race, age, sex, and disability discrimination claims, retaliation claims, and state common law claims, as well as numerous summary judgment rulings and injunction proceedings in restrictive covenant litigation matters. Mr. Gage has successfully defended employers through class actions of all types, including to a defendant's verdict before a jury in a certified class action. He also has extensive experience representing employers in EEOC investigations into claims of systemic discrimination under federal statutes such as Title VII and the Americans with Disabilities Act. Mr. Gage advises federal contractors on their obligations under Executive Order 11246 and related laws and regulations, and he has extensive experience conducting privileged reviews of employment processes and advising employers on pay equity studies and related risk mitigation strategies.

Recognitions

  • Recognized by Chambers USA as a Top Labor & Employment Lawyer
  • Listed in The Legal 500 for Labor and Employment Disputes
  • Listed in The Legal 500 for Workplace and Employment Counseling
  • Fellow of the American College of Labor and Employment Lawyers
  • Rated AV Preeminent by Martindale-Hubbell®

Education

  • University at Buffalo Law School, J.D., 1991
  • State University of New York Buffalo, B.A., 1988

Representations

  • Tried to a defendant's verdict in state court a disability discrimination case
  • Defeated conditional certification of an FLSA exempt status collective action against a major telecommunications company
  • Defeated conditional certification of a putative nation-wide FSLA Exempt status collective action against a major retailer
  • Tried to a defendants' verdict in federal court a two-plaintiff ADEA employment termination case
  • Successfully opposed class certification in Title VII pattern and practice race discrimination action against a leading aviation company
  • Tried to a defendant’s verdict a state wage-and-hour class action against aircraft engine manufacturer
  • Successfully defended on grounds of federal labor law preemption Connecticut Supreme Court appeal of defendant’s verdict in class action
  • Successfully defended Second Circuit appeal of summary judgment in action for breach of contract for stock options against major food and beverage company
  • Obtained Rule 12 dismissal of a putative class action under Section 1981 of the Civil Rights Act of 1866 alleging that a global technology company discriminates against non-South Asian individuals, in the US District Court for the District of New Jersey.
  • Obtained a complete victory at the Third Circuit Court of Appeals, obtaining an order affirming summary judgment for a major technology company in an ADEA case previously pending in the US District Court for the District of New Jersey.
  • Obtained an arbitral award in favor of a major technology company after a one week arbitration in a case alleging violations of the ADEA.

    insights

    Engagement & Publications

    • Executive Editor, Lindeman, Grossman & Weirich, Employment Discrimination Law (5th ed.) (BNA)
    • Regular speaker for National Employment Law Institute
    • Chapter Author, Feliu, ADR in Employment Law (BNA)

    Involvement

    • Admitted to practice in state and federal courts in Connecticut, Illinois, and New York; federal district courts across the United States; the U.S. Courts of Appeals for the First, Second, Third, Sixth, Seventh and Eighth circuits; and the U.S. Supreme Court

    Practice Areas

    Litigation
    Employment Litigation
    Workplace Retaliation and Whistleblower Defense
    Labor/Management Relations
    Employment Counseling and Preventive Advice
    Life Sciences and Healthcare
    Employment Law
    Workforce Data And Technology
    ESG Risk, Strategy, and Compliance
    Employee Mobility and Trade Secrets

    Languages

    English

    Admissions

    Illinois Bar
    Connecticut Bar
    New York Bar

    Education

    State University of New York Buffalo Law School, J.D. 1991
    State University of New York at Buffalo, B.A. 1988

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