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Labor & Employment

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Labor & Employment

Protecting Workforces, Ensuring Compliance, Defending Employers Nationwide

Today’s businesses face both external and internal threats. Companies require forward-thinking counsel that not only provides guidance on employment and labor relations issues, but also protects their reputations, investor confidence, and profitability.

Ranked by Chambers as among the best in the nation for labor and employment law, our lawyers solve the most challenging issues employers face in the modern workplace. We steadily guide the nation’s most prominent and emerging companies through the tasks of managing and building their workforces. We directly tackle threats posed by workplace discrimination, sexual harassment, trade secret, wage and hour, and other high-profile issues, and we can help you protect your investment in your employees and bottom line with preventative counseling and proven courtroom defenses. 

How we help clients

  • Wage and hour compliance and litigation
  • Labor relations
  • Workplace discrimination litigation
  • Unfair competition litigation
  • Workforce change
  • Employment privacy and data security counseling
  • Workplace investigations

Areas of Focus

Labor & Employment

Employment Compliance

Employers of all sizes, whether early stage with only a handful of employees or Fortune 50 companies managing a global talent force, understand that navigating workplace regulations can be complicated and circuitous. The ability to stay ahead of state and federal statutes can mean the difference between hitting growth targets and falling behind projections and competitors. Our lawyers work closely with each client to proactively audit and offer forward-thinking counsel to ensure compliance with regulations from the U.S. Department of Labor, the National Labor Relations Board (NLRB), the U.S. Equal Employment Opportunity Commission, the Occupational Safety and Health Administration (OSHA), and state agencies. 

Employment Litigation

We help clients manage the risks of a growing workforce, anticipating and resolving workplace disputes before they disrupt business operations. When employment claims escalate, our courtroom-savvy litigators are trial-ready to provide defense nationwide at every stage, including in class and collective actions in both state and federal courts. We have extensive experience defending employers in wage and hour lawsuits, including actions pursuant to the Fair Labor Standards Act, state wage and hour claims, and actions brought under state laws, such as California’s Private Attorneys General Act.

Labor Relations

We help clients find a balance between their business objectives and the imperative to create a positive work environment for employees. Whether our client’s goal is to remain union-free or to take a proactive stance with an already unionized workforce, we find common ground in order to maintain cooperation between the company and its workers. On behalf of clients ranging from small owner-operated businesses to Fortune 100 giants, we bring an experienced perspective to the bargaining table and regularly represent our clients before the NLRB and in state and federal courts. 

Workplace Investigations

From routine investigations to multijurisdictional matters involving sensitive allegations at the highest levels of management, our team provides immediate guidance, allowing clients to take swift action and minimize business disruption. We handle allegations of discrimination, harassment, and assault in the workplace, as well as challenges involving pay equity, financial misconduct, corporate compliance, trade secret theft, data breaches, and other business-critical issues. Employers know we understand and can address their challenges throughout the life cycle of their business. 

Workplace Safety & Health

Companies in all industries are tasked with the complex responsibility of preserving the health and safety of their greatest assets—their workers. We regularly advise clients on compliance matters, due diligence investigations, self-audits, defense of civil investigation and criminal compliance matters, appeals of contested safety and health citations, and representation in appellate matters. Our experience also includes advising and counseling regarding legislative and rulemaking proceedings, interpretation and application of worker safety and health standards, and responding to whistleblower and anti-retaliation proceedings. 

When action is needed, we represent our clients in enforcement proceedings brought under federal and state OSHA and Mine Safety and Health Administration programs. We have litigated before the federal review commissions, state OSHA appeals boards, and various state administrative courts.  

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Podcast

Workplace Rules

Discussions with in-house professionals, outside counsel, and other thought leaders on labor and employment law topics, from regulatory developments to litigation trends.
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Blog

Wage & Hour Developments

A one-stop resource for federal- and state-level updates and analysis on wage-and-hour-related developments affecting employers.

Professional Experience

Employment Litigation & Class Action

Americans with Disabilities Act (ADA) Compliance and Litigation

U.S. District Court for the Northern District of California
Represented client in putative class action litigation alleging violation of the ADA related to accessibility of products and services by blind and visually impaired customers.

Bailey v. Alpha Technologies Incorporated, et al.

U.S. District Court for the Western District of Washington
Represented Alpha Technologies and Altair Advanced Industries and their respective chief executive officers in a hotly contested public policy wrongful termination, defamation, and wage-and-hour case brought by a former senior international buyer. All claims except the wrongful termination claim were dismissed on motions to dismiss or on summary judgment. After a six-day trial, the court granted defendants’ motion for a directed verdict and dismissed the sole remaining claim against all four defendants. The court also entered judgment against the plaintiff on the defendants’ counterclaim on several outstanding promissory notes, with attorneys’ fees and interest.

Data Logistics Company

Secured summary judgment dismissing former employee’s claims for breach of employment contract on behalf of client. Permitted to proceed forward to trial with counterclaim for misappropriation of confidential information and breach of fiduciary duty claims against former employee.

Huge v. The Boeing Company

U.S. District Court for the Western District of Washington
Lead trial counsel for Boeing in ADA and Washington State Law Against Discrimination (WLAD) suit in which the plaintiff alleged failure to accommodate, retaliation, and disability discrimination claims. Resulted in a complete defense judgment after a five-day bench trial. Affirmed by the U.S. Court of Appeals for the Ninth Circuit. 

Nicolos v. North Slope Borough, 424 P.3d 318 (Alaska 2018)

Successful representation at administrative hearing and on appeal to the Alaska Supreme Court on disability discrimination claims.

Nouri v. The Boeing Company

U.S. District Court for the Western District of Washington
U.S. Court of Appeals for the Ninth Circuit
Represented Boeing in a case brought by a class of Asian engineers and technical workers in Seattle alleging discrimination in the company’s compensation and retention systems. Successfully limited the size and scope of the certified class, obtained dismissal of several claims before trial, and then tried the remaining class case to a defense verdict before a federal jury.  The verdict was affirmed on appeal. 

Osborne v. Recreational Equipment, Inc.

Superior Court of Washington, King County
Washington State Court of Appeals
Trial counsel for REI in a case alleging age discrimination, retaliation, disability discrimination, and failure to accommodate. Resulted in defense verdict after a three-week jury trial. Affirmed on appeal at Osborne v. Recreational Equipment Inc., 2016 WL 6601634 (Wa. Ct. App. 2016).

Purnell-Carlson v. The Boeing Company

Superior Court of Washington, Snohomish County
Trial counsel for Boeing in a case alleging disability discrimination and failure to accommodate. Resulted in defense verdict after a two-week jury trial. Affirmed on appeal.

Restaurant Companies

Defense of two restaurant companies in an alleged labor “trafficking” lawsuit filed by a former chef. After a two-week bench trial, the judge ruled in favor of our clients.

Solomon Williams, et al. v. The Boeing Company

Race discrimination class action included 4,000 class members. Summary judgment before trial dismissed compensation claims. Obtained victory in a jury trial and obtained a positive ruling from the bench on the disparate impact claim.

Sotelo, et al. v. MediaNews Group Inc., et al.

Superior Court of California, Alameda County
Trial court denied class certification involving wage-and-hour related claims of newspaper carriers who claimed that they were “misclassified” as independent contractors. Trial court’s decision was affirmed on appeal. Resolved through a favorable settlement.

The Boeing Company

Secured voluntary dismissal by plaintiff with respect to claims of whistleblowing and wrongful termination upon filing of motion summary judgment and as a result of favorable testimony obtained at deposition of plaintiff.

Employment Compliance

COVID-19 Counseling

Provide critical guidance to keep employees safe and companies in business during the COVID-19 pandemic. This includes assisting essential businesses with the development and implementation of safety measures/policies, return-to-work procedures, COVID-19 testing, leave issues, response/notice procedures regarding infected employees, closure and reopening of facilities due to coronavirus outbreaks, and advice/counseling regarding a variety of employment-related COVID-19 issues.

Workplace Harassment Training

Conduct anti-harassment and anti-discrimination trainings for national workforces.

Workplace Investigations

Workplace Harassment Investigations

Conducted internal investigations for financial services, manufacturing, retail, and service industry clients relating to unlawful employee conduct and sexual assault/harassment allegations.

Labor Relations

Aerospace

Successfully represented an American multinational aviation corporation before the National Labor Relations Board (NLRB) regarding a union’s effort to organize a micro-unit. 

Airlines for America v. Port of Seattle, et al.

Represented trade group for major American air carriers in challenge to wage ordinance adopted by the Port of Seattle imposing minimum wage, training, and other requirements. Case involves challenge based on labor preemption, Airline Deregulation Act (ADA), and state statutory authority issues.

Association of Flight Attendants v. Alaska Airlines Inc.

Represented air carrier in temporary restraining order (TRO) and preliminary injunction action arising from "CHAOS" strike under the Railway Labor Act.

Longshoremen Local 7

Successful prosecution of secondary boycott activity by a longshore union seeking to obtain additional work.

NLRB v. Retail Clerks Local 1001 (Safeco Title Insurance Company)

Represented Safeco Title Insurance company in successful prosecution of illegal union secondary boycott activity.

The Boeing Company v. NLRB

Successfully represented The Boeing Company by overturning adverse NLRB decision concerning removal of work from bargaining unit. 

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