
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.
news
- Paul Hastings Honored by Chambers USA as Labor & Employment Firm of the Year - May 27th, 2021
- Paul Hastings Ranked as Top Three Firm for New Rankings and Recognized for Numerous Practice Strength and Growth in Chambers USA 2021 - May 21st, 2021
- Paul Hastings Extensive Practice Strength Highlighted in The Legal 500 United States 2013 - June 5th, 2013
- Paul Hastings Selected as The American Lawyers Labor & Employment Litigation Firm of the Year - January 6th, 2010
Recognitions
- Paul Hastings Employment Practice Receives Top Rankings by Chambers USA 2022 - June 1st, 2022
- Paul Hastings Labor & Employment Practice Recognized as Top Tier by the 2021 Legal 500 United States Guide - June 18th, 2021
- Recognized by Chambers USA 2021 - May 21st, 2021
- Law360 Awards - Top Practice Groups of the Year - January 2nd, 2013
- Who's Who Legal - May 6th, 2010
insights
- Delaware Chancery Court Invalidates Restrictive Covenants and Forfeiture Provision In Partnership Agreement As Unreasonable - January 23rd, 2023
- EEOC Draft Strategic Enforcement Plan Reflects Focus on Employers’ Use of Artificial Intelligence - January 20th, 2023
- FTC Proposes Ban on Non-Competes: What Employers Need to Know - January 6th, 2023
- Governor Signs New York State Pay Disclosure Bill Into Law - December 22nd, 2022
- California Legislature Votes to Dramatically Expand Pay Transparency and Reporting Requirements - September 1st, 2022
- OFCCP Clarifies Stance on Evaluation of Federal Contractor Analysis of Pay - August 29th, 2022
- EEOC Issues Guidance on Using AI in Compliance with the Americans with Disabilities Act - May 17th, 2022
- NYC Council Passes Amendments to Salary Disclosure Law - April 29th, 2022
- Federal Contractors Face Increased Scrutiny on Pay - March 21st, 2022
- Congress Seeks to End Forced Arbitration for Sexual Assault, Sexual Harassment, and Related Claims - February 22nd, 2022
- New York’s Expanded Whistleblower Protections Take Effect - January 31st, 2022
- New York City Now Requires Salary Disclosures for Applicants and Employees - January 17th, 2022
- Connecticut Employers Face New Pay Transparency and Equal Pay Requirements - September 7th, 2021
- New Executive Order Requires Federal Contractors to Increase Minimum Wage - May 4th, 2021
- Illinois Employment Law Update: Greater Scrutiny of Employer Pay Practices, Mandated Disclosure of Diversity Statistics, and Expanded Opportunities for People with Convictions - April 6th, 2021
- New York City Paid Safe and Sick Leave Act Amendments - October 9th, 2020
- Executive Order on “Combatting Race and Sex Stereotyping” - September 28th, 2020
- Latest EEOC Guidance for Employers in the COVID-19 Pandemic - June 12th, 2020
- Protecting Trade Secrets During the Pandemic - April 24th, 2020
- Is IP Theft an Emergency During a Global Pandemic? Maybe Not, According to One Court - April 16th, 2020
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