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Allison D. Balus primarily represents management clients in federal and state court employment litigation and arbitration.  She has considerable experience defending and counseling clients in class/collective actions, involving claims under the FLSA and other wage and hour laws, the ADA, GINA, the FCRA, and the TCPA. Her successes in these class and collective actions have been at the presuit, class certification, trial, and appellate levels.

Allison’s litigation experience also includes federal court jury and bench trials in Title VII, FMLA, ADA, ADEA, breach of contract, and whistleblower cases.  She has represented employers in the retail, food processing, health care, manufacturing, marketing, professional staffing, transportation, and fast-food industries, among others.  In addition, Allison defends employers against charges of discrimination before state and federal agencies and counsels and advocates for employers on a range of employment issues, including drafting and enforcing non-compete agreements, compliance with state and federal employment laws, and responding to civil subpoenas.

In 2002, Allison was conferred her Juris Doctor, cum laude, from the Georgetown University Law Center.  She received her Bachelor of Arts Degree in English and French from the University of Nebraska at Lincoln in 1999.

Allison is currently recognized by Benchmark Litigation© as a Labor and Employment Star and was previously on its “Under 40 Hot List” for litigators nationwide.  She is also listed as one of the Best Lawyers In America© for Labor and Employment Litigation.  In addition, Allison regularly speaks on employment law topics, including recent presentations for the American Bar Association, the Nebraska State Bar Association, the Iowa Hospital Association, and the Nebraska HR State Conference.

Education

  • Georgetown University Law Center, J.D., cum laude, 2002
  • University of Nebraska at Lincoln, B.A., with distinction, English and French, 1999

Professional & Civic Affiliations

  • American Bar Association (2002–present)
    • Member of Labor and Employment and Litigation sections
    • Member of Fair Labor Standards Act and Class Action and Derivative Suits Committees
    • Employer Vice Chair of Pro Bono & Community Outreach Committee (2017–2020)
    • FLSA Midwinter Report Co-Editor-in-Chief (2021); Chapter Editor (2019–2020); Contributing editor (2011, 2012, 2016-2018)
    • Leadership Development Program (2019)
  • Nebraska State Bar Association (2006–present)
    • Executive Committee for Labor Relations and Employment Law Section Co-Chair (2017-2018); member (2014–2017)
  • Member of United States District Court for the District of Nebraska Federal Practice Committee (2019–present)
  • Wage & Hour Defense Institute (2018–present)
  • Fellow, Litigation Counsel of America (2018–present)
  • Ronald McDonald House of Omaha Board of Directors (2020–present)
  • Rose Theater Board of Trustees (2011– present)
    • Executive Committee (2018–present)
  • Leadership Omaha, Class 38 (2015–2016)
  • Women’s Fund Circles Group (2012-2015)
  • Girls’ Inc. GirlFRIENDS Guild (2007–2013), President (2011–2013)
  • ICAN Influence Program, Graduate (2007–2008)
  • Delta Gamma, Kappa Chapter House Corporation Board (2007–2013)

Bar & Court Admissions

  • Iowa, 2011
  • Nebraska, 2005
  • District of Columbia, 2003
  • Virginia, 2002
  • United States Supreme Court
  • United States Eighth Circuit Court of Appeals
  • United States Ninth Circuit Court of Appeals
  • United States District Court for the District of Nebraska
  • United States District Court for the Northern District of Iowa
  • United States District Court for the Southern District of Iowa
  • United States District Court for the Eastern District of Virginia
  • United States District Court for the Northern District of Illinois

Selected Practice Highlights

Class Action Highlights:

  • 8th Circuit reversal of district court’s Rule 23 certification of 7,000+ member class asserting disparate treatment claims under the ADA (2020)
  • Order denying class certification under Rule 23 in Iowa state law independent contractor lawsuit (2019)
  • Order compelling arbitration and striking Plaintiff’s collective action allegations based on enforcement of arbitration agreement containing a class action waiver (2016)
  • Jury and appellate verdicts in favor of employer in FLSA and state wage and hour law collective/class actions (2011–2015)
  • Order denying conditional certification of collective action in FLSA case (2009)

Employment Litigation Highlights:

  • Order dismissing TCPA and related state law claims under FRCP 12(b)(2) and 12(b)(6) (2020)
  • Preliminary injunction to enforce, in part, a former employee’s noncompete covenant (2020)
  • Preliminary injunction restricting former employee who had breached his fiduciary duties and duty of loyalty, as well as misappropriated trade secrets, from soliciting customers for one month (2020)
  • Order granting motion for summary judgment on employee’s ADA disparate treatment and unlawful medical inquiry claims related to his fitness-for-duty examination (2020)
  • Judgment as a matter of law on plaintiff’s ADA failure to hire claim (2020)
  • Two 8th Circuit appellate decisions affirming summary judgment for employer in cases involving failure to provide reasonable accommodation under the ADA (2019)
  • Stipulated injunction with former employee who had violated his duty of loyalty (2018)
  • Stipulated injunction with former employee who had violated his noncompete covenant (2018)
  • Order granting summary judgment on employer’s classification of two workers as independent contractors under the FLSA (2017)

Selected Recent Publications

“COVID-19 Conundrums: How Employers’ Compliance With Employment Laws Has Had To Adapt,” The Nebraska Lawyer, November/December 2020


1700 Farnam Street | Suite 1500 | Omaha, NE 68102 | 402.344.0500