Allison Balus

About Allison Balus

It is rewarding to advise and help defend business owners and managers who are facing the daunting and sometimes emotionally trying experience of being accused of violating an employee’s civil or legal rights. Assisting them to understand the judicial process and feel well-represented is gratifying. I also truly enjoy the strategy involved in litigation, particularly in class and collective action cases.I consider myself so lucky to be a partner at Baird Holm LLP, where our integrated team of around 100 attorneys, licensed in nearly 20 states, is committed to connecting each of its valued clients to the positive outcomes they seek. With extensive and diverse expertise, Baird Holm leverages each attorney\'s skills to respond efficiently to its clients\' local, regional, national and international legal needs. Our Firm is proud to represent public and private companies, individuals, private funds and other investors, financial institutions, governmental entities and nonprofit organizations.Accountabilities include:• Defending clients of all sizes in employment litigation, including claims brought under Title VII, the ADA, the ADEA, the FLSA, the FMLA• Representing companies in wage and hour disputes, including class and collective actions or DOL investigations• Assisting employers in responding to charges of discrimination being investigated by the EEOC and corresponding state agenciesSelected Practice Highlights:• Jury verdict in favor of employer in the U.S. District Court for the District of Nebraska after a seven-day trial on a plaintiff’s ADA disparate treatment and failure to accommodate claims (2023)• Order from the District Court of Douglas County, Nebraska denying motion to temporarily enjoin bidding contract between school district and roofing company• Reversal by Eighth Circuit of certification under Rule 23 of a class of over railroad workers asserting ADA claims• Successful defense of employers through trial and appeal in four wage and hour class actions• Summary judgment dismissals in actions involving claims of misclassification, discrimination, retaliation, harassment, and breach of contract Outside of work, I love being a mom and volunteering with The Rose Theater and Ronald McDonald House Charities Omaha. FOCUS: Employment Litigation, Wage and Hour, Fair Labor Standards Act, Discrimination, Class Action, Collective Action, Defense, Retaliation, Americans with Disabilities Act, ADA, Title VI, Noncompete, Harassment, Telephone Consumer Protection Act

Experience

1. Partner

   Baird Holm LLP

   Jun 2005 — Present

   Allison D. Balus is a partner with Baird Holm’s Labor, Employment and Employee Benefits Law Group. She primarily represents management clients in federal and state court employment-related litigation and arbitration. Her litigation experience includes federal court jury and bench trials in Title VII, FMLA, ADA, ADEA, breach of contract, and whistleblower cases. 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.Allison also 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, the TCPA, and various data privacy claims. Her successes in these class and collective actions have been at the presuit, class certification, trial, and appellate levels. Class Action Highlights:8th Circuit reversal of district court’s Rule 23 certification of 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 (2016)Jury and appellate verdicts in favor of employer in FLSA and state wage and hour law collective/class actions (2011–2015)Employment Litigation Highlights:9th Circuit order affirming judgment as a matter of law on ADA failure to hire case (2021)Order dismissing TCPA and related state law claims under FRCP 12 (2020)Preliminary injunctions to enforce a noncompete covenant/restrict former employee who breached fiduciary duties (2020)Summary judgment on employee’s ADA claims related to his fitness-for-duty examination (2020)Two 8th Circuit decisions affirming summary judgment in ADA reasonable accommodation cases (2019)Stipulated injunctions with former employees who had violated noncompete/duty of loyalty (2018)

Education

• Georgetown University Law Center

  J.D.

  1999 — 2002

• University of Nebraska-Lincoln

  BA

  1995 — 1999