Overview
Kenneth Gage is co-Vice Chair and partner in the Employment Law Department of Paul Hastings. He is based in the firm's New York and Chicago offices. Ken is ranked by Chambers USA, recognized by The Legal 500 in tier one in the categories of Labor and Employment Litigation and Workplace and Employment Counseling, rated "AV Preeminent" by Martindale-Hubbell®, and he is a Fellow of the American College of Labor and Employment Lawyers.
Ken has over thirty years of experience as a trial lawyer, appellate lawyer and trusted counselor in employment law. He represents employers in a wide range of single-plaintiff and class/collective employment litigation matters—from pre-litigation advice through trials and appeals. His litigation experience includes defendants' verdicts in jury trials involving race, age, se, 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. His jury trial experience includes a defendants’ verdict in a certified class action. Ken has also successfully defended appeals in a variety of different employment litigation matters, in state and federal appellate courts across the country.
Ken regularly advises clients on affirmative action, DEI and other programs that promote equal opportunity, as well as internal investigations. He has extensive experience representing employers in government investigations, including those by the EEOC, the U.S. Department of Labor and state and local human rights agencies. He regularly oversees privileged pay equity analyses, as well as other privileged quantitative reviews of employment practices designed to assess and mitigate legal risk.
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
- Recognized by Benchmark Litigation as a Top 50 Labor and Employment Litigator and Labor and Employment Star
- 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 FLSA 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 an arbitral award in favor of a major technology company after a one week arbitration in a case alleging violations of the ADEA.
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