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Ruth A. Horvatich

Ruth A. Horvatich

Attorney

Ruth represents and counsels employers in a broad range of labor and employment law matters. Ruth maintains a national labor and employment practice assisting her clients in all types of employment disputes, including discrimination/harassment litigation, employment-related contract disputes, and labor negotiations. From day-to-day issues to litigation, Ruth offers her clients a full range of services. 


Growing up on a farm in rural Nebraska taught her the value of hard work and integrity, which shows in her practice. She gives each client personal attention and cost-effective solutions that are driven by her experience, expertise, and values.

Ruth has experience in all aspects of litigation including trial work, arbitration, and mediation in federal and state courts along with administrative agencies. Her practice includes defending corporate clients in litigation brought by employees under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), the National Labor Relations Act (NLRA), and several other federal and state employment laws.

Ruth has been selected as a Great Plains Super Lawyers Rising Star in the practice area of Employment and Labor law and is ranked in Chambers USA as an up-and-coming attorney for Labor & Employment law in Nebraska.

Education
  • Creighton University School of Law (J.D., Magna Cum Laude, 2011)
  • Wayne State College (B.S., Summa Cum Laude, 2006)
Admissions
  • Iowa (2011)
  • Nebraska (2011: Sustaining Member)
  • South Dakota (2022)
  • U.S. District Court, District of Nebraska (2011)
  • U.S. District Court, Northern District of Iowa (2012)
  • U.S. District Court, Southern District of Iowa (2018)
  • U.S. District Court, Central District of Illinois (2018)
  • U.S. Court of Appeals, Eighth Circuit (2013)
  • U.S. Court of Appeals, Sixth Circuit (2018)
08/30/2023

McGrath North Attorneys Awarded The Most Top Chambers Rankings in 2023

 


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08/22/2023

McGrath North's Team Receives Broad Recognition from The Best Lawyers in America® 2024

 


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12/8/22

McGrath North Hosts Privacy & Data Protection Summit

On December 6, 2022, McGrath North held its Privacy & Data Protection Summit at the Scott Conference Center in Omaha, Nebraska. The over 100 attendees from almost 70 companies at the half-day event had the opportunity to hear speakers and panelists, including guest experts from the industry, share insights on key topics including:  


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07/29/2021

Labor, Employment and Immigration Law Under Biden: Where are We and Where are We Headed?

Webinar  


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01/11/2024

U.S. Department of Labor Rolls Out New Independent Contractor Rule

Earlier this week, the U.S. Department of Labor (DOL) announced its final rule addressing worker classifications under the Fair Labor Standards Act (FLSA). The new rule goes into effect on March 11, 2024 and is very similar to the proposed rule issued by the DOL in 2022. In short, the new rule rescinds the independent contractor rule adopted during the Trump Administration and restores a multi-factor analysis in determining whether workers are properly classified as employees versus independent contractors.  


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01/05/2023

Breaking: Federal Trade Commission Proposes Rule To Outlaw Non-Compete Agreements

Under the direction of President Biden, the Federal Trade Commission (FTC) has issued a proposed rule that will outlaw non-compete agreements in the workplace. Back in July 2021, President Biden issued Executive Order 14036 directing the FTC to either ban or limit employee non-competes in order to promote competition in the American economy, increase wages, make it easier for employees to change jobs, and eliminate aggressive tactics by large companies. Biden's Executive Order specifically focused on the "unfair use" of non-compete clauses and other clauses that "unfairly limit" worker mobility.  


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Publications

More Publications
05/18/2023

Planning To Leave Your Employment And Compete? Don't Forget About Your Duty Of Loyalty

When employees decide to leave their employer and engage in competition, they frequently overlook their duty of loyalty. Absent a non-compete or non-solicitation restriction, an employee may believe that he or she can freely engage in discussions with clients and customers regarding their intention to leave employment and engage in a competitive business.  


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03/28/2023

NLRB General Counsel Illuminates Prior Decision Addressing Severance Agreements

Recently, the General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, issued a memorandum responding to inquiries that became prevalent after the McLaren Macomb decision. In McLaren Macomb, the NLRB took aim at overbroad non-disparagement and confidentiality provisions in severance agreements. The NLRB also found that simply offering a severance agreement to an employee can violate the National Labor Relations Act (“NLRA” or the “Act”) if the agreement provides severance benefits in exchange for giving up statutory rights under Section 7 of the Act - NLRB Takes Aim At Severance Agreements.  


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  • Iowa State Bar Association
  • Nebraska State Bar Association
  • Omaha Bar Association
  • American Bar Association
  • Lead Articles Editor, Creighton Law Review
  • Author, “The Long and Short of it: The Securities and Exchange Commission Should Reinstate a Price Restriction Test to Regulate Short Selling,” Creighton Law Review, Vol. 43, Issue 2, p. 593-636 (2010).
  • National Trial Advocacy Competition
  • Listed: “Best Lawyers in America“, Litigation – Labor and Employment
  • Listed: Great Plains Super Lawyers Rising Star (Employment & Labor) 2019-2021
  • Listed: Chambers USA, America’s Leading Lawyers for Business (Nebraska, Labor & Employment – Up-and-Coming)
  • Dick v. Koski Professional Group, P.C., et al., 307 Neb. 599, 950 N.W.2d 321 (Neb. 2020) - Counsel representing a shareholder pursuing claims against a professional corporation. The corporation pursued seven counterclaims against the shareholder including breach of fiduciary duties, utilizing confidential information and misappropriation of trade secrets and was seeking a multi-million dollar damages award. After a lengthy jury trial, a verdict was returned in favor of the shareholder and the jury rejected all of the counterclaims asserted by the corporation. The decision was appealed to the Nebraska Supreme Court on 15 assignments of error. By unanimous decision, the Nebraska Supreme Court affirmed the jury verdict in its entirety and rejected the appeal in an 87-page opinion. The case will serve as precedent in Nebraska because it addresses numerous issues relating to the enforcement of shareholder agreements, fiduciary duties owed by shareholders and officers of a corporation, misappropriation of trade secrets and confidential information among other topics.
  • Haffke v. Signal 88, LLC, 306 Neb. 625, 947 N.W.2d 103 (Neb. 2020) – Lead counsel representing an employer in a lawsuit brought by an employee asserting whistleblower claims. After the jury trial, a verdict was returned in favor of the employer on all claims and the case was appealed to the Nebraska Supreme Court. In an unanimous opinion, the Nebraska Supreme Court affirmed the jury verdict in its entirety.
  • Travelex Insurance Services, Inc. v. Lynn Barty, 970 F.3d 1066 (8th Cir. 2020) - Counsel representing an employer in a lawsuit brought against a former manager alleging claims for breach of restrictive covenants under an employment agreement. After the district court concluded that the employment agreement was unenforceable as a matter of law, an appeal was filed. The Eighth Circuit reversed the district court's decision in favor of the employer and remanded the case for further proceedings.
  • Ronald Ring v. Lanoha Nursersies, Inc., No. 8:17-cv-00235 (D. Neb. 2019) – Counsel representing an employer in a lawsuit brought by an employee asserting interference, discrimination and retaliation claims pursuant to the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). After a jury trial, a verdict was returned in favor of the employer.
  • Fenceroy v. Gelita USA, Inc., 941 N.W.2d 37 (Table), 2019 WL 5791013 (Iowa Ct. App. 2018) – Lead counsel defending an employer against employment claims for race discrimination and harassment. During the course of the litigation, the case was appealed to the Iowa Supreme Court to address issues relating to the production of attorney-client privileged information. The case was later dismissed on summary judgment in favor of the employer and the plaintiff appealed. By unanimous decision, the Iowa Court of Appeals affirmed summary judgment in favor of the employer.
  • Alcegaire v. JBS USA, LLC, 2018 WL 3058877 (W.D. Ky 2018) – Lead counsel defending an employer against employment claims for interference in violation of the Family and Medical Leave Act (FMLA) and workers’ compensation retaliation. The District Court granted the employer’s motion for summary judgment and also denied the plaintiff employee’s motion to alter or amend the judgment.
  • Lacy v. Valmont Industries, Inc., 2016 WL 3014656 (D. Neb. 2016) – Counsel in the District of Nebraska where the court granted a motion to dismiss in favor of the employer on claims asserted under ERISA for alleged violations of COBRA rights.