Kerry E. Notestine

Kerry E. Notestine represents employers in all aspects of employment matters, including litigation under federal, state, and local anti-discrimination statutes, as well as the common law; administrative proceedings before various federal and state government agencies; and counseling employers regarding employment issues, particularly leaves and reductions-in-force. Kerry’s book, Employment Law Trials: A Practical Guide, published in 2005 by LexisNexis Publishing, is a leading work on the trials of employment cases.

Kerry has tried 19 lawsuits to verdict in federal and state courts, including one class action, and has represented companies in more than 20 administrative trials, non-labor arbitrations, and labor arbitrations. His federal jury trials include:

• Multi-plaintiff race discrimination case involving nooses in the workplace
• Fair Labor Standards Act misclassification case
• 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, and numerous matters relating to union/management relations.

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

• 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
• 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:

• A claim of denial of retiree medical benefits under the Employee Retirement Income Security Act in federal district court involving 100 class members
• A claim of misclassification of assistant store managers under the Fair Labor Standards Act involving 600 class members
• An 8,000-member class action involving claims of race discrimination in hiring
• Worker Adjustment Notification and Retraining Act violations in a mass layoff of 1,800 individuals
• A 500-member class action involving claims of age discrimination in hiring

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 Mendelson's Profitability and Pricing Committee, 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 another firm for 14 years.