Nikki L.McArthur

Associate

Washington + 1.202.879.3843

Nikki McArthur assists clients with the strategic defense and efficient resolution of employment discrimination and labor disputes involving complex factual and legal issues. She has defended employers against claims under numerous federal and state antidiscrimination statutes, including Title VII, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Federal Railroad Safety Act (FRSA), and the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21).

Nikki has an extensive whistleblower practice, with experience at all stages of the process — from responding to OSHA investigations to arguing before the federal appellate courts. She also has represented management in arbitrations pursuant to the National Labor Relations Act and the Railway Labor Act, as well as in proceedings before the National Labor Relations Board.

In addition to her litigation practice, Nikki has experience drafting human resources policies and advising clients about their obligations under federal and state employment laws, including government contractors subject to the jurisdiction of the Office of Federal Contract Compliance Programs. She has contributed to articles on restrictive covenants in employment agreements, the Equal Employment Opportunity Commission, and collective action certification under the Fair Labor Standards Act.

Experience

  • CSX wins summary judgment on FMLA putative class claims and defeats disability discrimination claimsIn a putative class action lawsuit, Jones Day client CSX Transportation, Inc. obtained summary judgment on claims alleging that the company's attendance policy and method of accounting for FMLA leave were unlawful.
  • BNSF wins reversal of adverse $1.3 million judgmentJones Day successfully represented BNSF Railway Company on appeal from a grant of partial summary judgment to a former employee on his claim under the Federal Railroad Safety Act ("FRSA").
  • The Carlyle Group sells Signode Industrial Group Holdings to Crown Holdings, Inc. for $4 billionJones Day advised The Carlyle Group and its affiliates in connection with the sale of Signode Industrial Group Holdings (Bermuda) Ltd., a leading global provider of transit packaging systems and solutions, to Crown Holdings, Inc., a worldwide leader in the design, manufacture and sale of packaging products for consumer goods, for an aggregate purchase price of up to $4 billion.
  • Envoy wins dismissal of former employee's discrimination claims on summary judgmentIn U.S district court proceedings, Jones Day obtained complete dismissal of a former employee's retaliation and discrimination claims against Envoy Air Inc.
  • Verizon sells its cloud and managed hosting service to IBMJones Day advised Verizon Communications, Inc. in the sale of its cloud and managed hosting service to International Business Machines Corporation.
  • BNSF wins remand of agency decision in whistleblower caseJones Day successfully represented BNSF Railway Company on appeal from a decision of the Department of Labor's Administrative Review Board ("ARB") under the Federal Railroad Safety Act ("FRSA").
  • BNSF defeats former employee's appeal of summary judgment order in whistleblower caseOn August 3, 2017, the Eighth Circuit affirmed an order granting summary judgment to Jones Day client BNSF Railway Company ("BNSF") and dismissing the Federal Railroad Safety Act ("FRSA") retaliation claims of a former employee.
  • R.J. Reynolds' victory in age discrimination case affirmed by Eleventh CircuitOn October 5, 2016, the U.S. Court of Appeals for the Eleventh Circuit sitting en banc affirmed a district court's decision in favor of Jones Day client R.J. Reynolds Tobacco Company (RJRT), holding that disparate-impact hiring claims are unavailable under the Age Discrimination in Employment Act (ADEA), and that equitable tolling does not apply when an unsuccessful job applicant does nothing to pursue his claims until being contacted by a class-action lawyer several years after the statute of limitations has expired.
  • CVS Pharmacy wins resounding Seventh Circuit victory over EEOC "pattern or practice" challenge to severance agreementOn December 17, 2015, the Seventh Circuit affirmed the dismissal of a suit in which the Equal Employment Opportunity Commission ("EEOC") alleged that a standard severance agreement used by Jones Day client CVS Pharmacy, Inc. constituted a "pattern or practice" of resistance to rights secured by Title VII of the Civil Rights Act of 1964.
  • BNSF wins dismissal of former employee's whistleblower complaint in appeal from jury verdictOn October 31, 2016, the Seventh Circuit overturned a jury verdict and dismissed a Federal Railroad Safety Act ("FRSA") retaliation claim brought by Michael Koziara, a former employee of Jones Day client BNSF Railway Company.
  • Verizon obtains injunctive relief against unlawful union activity during seven-week strikeJones Day assisted Verizon Communications, Inc. during a seven-week strike (April 13-May 31, 2016) by members of the Communications Workers of America ("CWA") by obtaining injunctive relief from courts in New York State and the Commonwealth of Pennsylvania and advising daily on strike misconduct and other related issues throughout the Northeast and Mid-Atlantic regions.
  • Guardianship granted to grandmother of child whose mother suffers from mental illnessHilary Perkins and Nikki McArthur, supervised by Louis Fisher, represented a maternal grandmother and her husband in their petition for permanent guardianship of her daughter’s 1-year-old son.
  • Kansas City Southern Railway Company successfully defends against Brotherhood of Railroad Signalmen claimJones Day successfully defended The Kansas City Southern Railway Company ("KCS") against a claim by the Brotherhood of Railroad Signalmen ("BRS") that its members were entitled to additional pay under the parties' collective bargaining agreement.
  • Asylum granted to Rwandan citizenNikki McArthur represented Client P, a Rwandan citizen who sought asylum in the United States after being arrested, detained, and tortured based on his perceived affiliation with an exiled political opponent of Rwandan President Paul Kagame.
  • Adoption granted to sister of murder victimHilary Perkins, Garrett Liskey, and Nikki McArthur, supervised by Carmen McLean, represented a maternal Aunt and her fiancé in their petitions to adopt her sister’s four children.
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