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Abigail M. Moland

Abigail M. Moland

Attorney

Abbey counsels Fortune 500, mid-size and start-up businesses, colleges and universities and non-profits on a wide range of labor and employment matters.  Her practice spans across the country in areas including wage and hour compliance, workforce reductions, employee leaves of absence, FMLA and disability accommodations, workplace investigations, hiring practices, disciplinary actions and employee terminations, immigration and workforce authorization, management and employee training on workplace issues, policy formation, union organization, non-compete issues, OSHA investigations and employee class-action litigation.


She is also experienced in defending employment-related litigation and providing day-to-day counseling to avoid unlawful employment practices. Abbey’s goal is to help companies take a strategic approach to build positive employer-employee relations and mitigate risk to avoid litigation. But, where an employer faces litigation, she defends employers with the efficiency, attention to detail and personal connection that her clients deserve.

Abbey strives to help companies focus on their workforce as an asset and provides the tools and support necessary to make that a reality. She has worked with businesses operating in a broad range of industries and brings that practical understanding and knowledge to the table.  By keeping up with the latest developments in the law and enforcement trends, Abbey keeps her clients in front of the curve and helps them implement changes necessary to protect and grow their business. She prioritizes working closely with HR managers, in-house counsel and business leaders in assisting their businesses in developing long-term strategies and best practices to reduce business and legal risks.

Abbey also provides leadership within McGrath North and her community.  She sits on the seven-person Board of Directors of the firm, and chairs the firm’s Diversity, Equity and Inclusion Committee.  She was selected for Leadership Omaha in 2013-14 and has served on two key community-wide diversity committees, including Omaha’s inaugural class of LeadDIVERSITY.  She is passionate about pushing both businesses and the community to face the historical barriers that exist for minority populations and for women and building solutions for the immediate challenges and to create long-term enhanced opportunities within the legal profession and beyond.

Education
  • University of Iowa College of Law (J.D., 2007)
  • Saint Louis University (B.A., Summa Cum Laude, 2004)
Admissions
  • Nebraska (2008: Sustaining Member)
  • Iowa (2007)
  • U.S. District Court, Northern District of Iowa (2010)
  • U.S. District Court, District of Nebraska (2008)
  • U.S. Court of Appeals, Eighth Circuit (2008)
  • U.S. District Court, District of Colorado (2010)
  • U.S. District Court, Southern District of Iowa (2017)
  • U.S. District Court, Western District of Michigan (2017)
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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02/02/2023

Modern Models of Success for Women in Law

McGrath North Board Member and Shareholder Abbey Moland is a co-host and panelist for an educational and networking event focused on Modern Models of Success for Women in Law on Thursday, February 2, 2023. Over 100 women from Omaha’s legal community will be at this first post-pandemic relationship building event by Drinks Among Friends, a grassroots organization dedicated to bringing women in the legal community together, to empower them in their legal practices, in their roles as businesswomen and in their aspirations to lead.  


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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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  • Omaha Bar Association
  • Nebraska State Bar Association
  • Iowa State Bar Association
  • American Bar Association
  • Listed: Great Plains Super Lawyers Rising Star (Employment & Labor) 2015-2022
  • Listed: Great Plains Super Lawyers (Employment & Labor) 2023
  • Listed: “Best Lawyers in America”, Employment Law – Management, Litigation – Labor and Employment
  • LeadDIVERSITY Cohort 1 – 2019-2020
  • Omaha Chamber of Commerce Leadership Omaha, Class of 2013-2014
  • Fellow, Nebraska State Bar Foundation
  • Nebraska Bar Association Leadership Academy Fellow 2010-2011
  • Student Legal Advocate, University of Iowa College of Law Legal Clinic, 2005-2006
  • Writer, 2005-2006; Note and Comment Editor, 2006-2007 The Journal of Gender, Race and Justice
  • Listed: Chambers USA, America’s Leading Lawyers for Business (Nebraska, Labor & Employment – Up-and-Coming)