NLRB Overrules Unilateral Change Decisions
Kathryn (Kate) Dittrick has devoted her entire legal practice to advising employers of all sizes on labor and employment issues, particularly wage and hour matters. Providing a wide range of compliance advice and pragmatic solutions, Ms. Dittrick counsels employers on how to proactively prevent litigation, audits, and administrative charges.
Understanding that human resource departments may struggle to keep up with changing local, state, and federal laws, Ms. Dittrick offers a variety of training for managerial teams on HR best practices and the possible legal implications of their actions. She is especially versed in Diversity, Equity & Inclusion (“DE&I”) and anti-harassment training for all staff members across any organization. Tailoring her training to the specific needs of each client, Ms. Dittrick works to ensure that the educational tools provided help employers avoid costly mistakes.
Employment claims can often be prevented with well-written policies, handbooks, employment agreements, offer letters, termination letters, and correspondence with employees regarding human resource matters. Through her extensive, first-hand litigation experience, Ms. Dittrick knows the common problems that arise from poorly-drafted employment documents. Working collaboratively with clients, she develops clear, legally-compliant employment documents, as well as reviews and revises existing documents, to deter potential exposure in the future.
Should a dispute arise, Ms. Dittrick’s background and practical knowledge enable her to strategically represent clients in responding to charges of discrimination, harassment, or retaliation from the Nebraska Equal Opportunity Commission (NEOC) and the federal Equal Employment Opportunity Commission (EEOC). For businesses confronted with employee petitions to unionize, she assists employers in proactively addressing petitions and developing sound approaches to remain union-free. Additionally, Ms. Dittrick is skilled in responding to audits from the Department of Labor (DOL) regarding worker classification, compensation, and leave entitlements.
Expertise in the following:
- Training managers and supervisors on best practices to avoid employment claims
- Drafting or reviewing and revising handbooks, other written policies, employment agreements, offer letters, termination letters, and correspondence regarding leaves of absence
- Answering questions or conducting audits regarding worker classification, compensation, and leave entitlements
- Responding to charges of discrimination, harassment, or retaliation from the NEOC or EEOC
- Defending employers in civil suits
Past Employment:
- Curiale Hirschfeld Kraemer LLP, San Francisco, CA, 2005-2009, Associate
- Legal Aid Society–Employment Law Center, San Francisco, CA, fall 2004, Intern
- Department of Justice Executive Office of Immigration Review, San Francisco, CA, fall 2003, Intern
- Siskind, Susser, Haas & Devine, Oakland, CA, summer 2003, Intern
- Named Best Lawyers® 2022 Employment Law – Management “Lawyer of the Year” in Omaha
- Listed in Chambers USA America’s Leading Business Lawyers (Labor & Employment) (peer review)
- Selected to the 2013-2023 Great Plains Super Lawyers® list
- Included in The Best Lawyers in America® in the fields of Employment Law – Individuals (since 2021) and Employment Law – Management (since 2020) (peer nominations)
- Listed in Omaha Magazine “Top Lawyers in Omaha” for Employment Law Management (July/August 2021 Edition)
- American Bar Association
- Nebraska Bar Association
- California Bar Association
- Society of Human Resource Management
- Board Member – Montessori Co-Op School (2021-Present)
- “Accommodating religious exemptions to vaccine and masking requirements” Creighton Law Review Symposium, March 25, 2022, Omaha, NE
- Author, “Equal Pay in the #MeToo Era.” The Nebraska Lawyer, vol. 22 no. 6, page 17, Nov.-Dec. 2019
- “Religious Accommodations.” Human Resource Association of the Midlands, Nov. 29, 2017, Omaha, NE
- “The Perilous Intersection of FMLA and ADA.” Sterling Educations’ Labor and Employment Law Seminar, Jul. 12, 2016, Omaha, NE
- “Managing President Obama’s Mandate to Increase Overtime Eligibility.” Society for Human Resource Management State Conference, Sept. 12, 2014, Omaha, NE
- “Handling Administrative Agency Investigations and Audits.” 2013 Young Lawyer’s Section Practice Seminar, Mar. 22, 2013, Lincoln, NE
- “FLSA / Wage and Hour Compliance.” Sterling Educations’ Labor and Employment Law Seminar, Dec. 18, 2012, Lincoln, NE
- “Empowering Your Employees Through Social Media.” Apr. 17, 2012, Omaha, NE
- “Hiring and Firing.” Sept. 21, 2011, Council Bluffs, IA
- “Privacy and Social Media in the Workplace.” Aug. 18, 2011, Sioux City, IA
- “Compensation Issues Under the FLSA / Wage and Hour.” Mar. 3, 2010, Omaha, NE
- “FMLA and CFRA: What the New Regulations Mean for California Employers” Jan. 27, 2009, San Francisco, CA
- “Ethical Challenges Facing Today’s Human Resources Professional.” Oct. 25, 2007, Santa Rosa, CA
- “2007 Wage & Hour Update.” Mar. 2, 2007, San Francisco, CA
- “How to Conduct a Background Check.” Best Practices Human Resources & Employment Guide, Northern Nevada Business Weekly, page B7, Feb. 27, 2006
- “Protecting the Truly Persecuted: Restructuring the Flawed Asylum System.” U.S.F. L. Rev., vol. 39, 549, 2005
- “Migrant Workers’ Rights to Organize.” Human Rights Advocates Article on file with the United Nations Commission on Human Rights, 2005
Education
- J.D., University of San Francisco School of Law, 2005
- B.A., Journalism, minor in Spanish, cum laude, University of Missouri at Columbia, 2001
Bar Admission
- Nebraska
- California
- U.S. District Court for the District of Northern California
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Supreme Court
