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劳动和雇佣法

Labor & Employment, people in an office setting

劳动和雇佣法

保护劳动力、确保合规、捍卫全国雇主的利益

博钦的劳动和雇佣团队可代表雇主处理劳动和雇佣关系各个阶段的各方面事宜。 凭借强大的服务网络和丰富的经验,我们的律师通常会面对现代工作场所中雇主面临的一些最具有挑战的问题。

本所的劳动和雇佣律师为众多行业的客户提供法律服务,包括工业制造、运输、林产品和建筑业到零售、医疗保健和高科技。 担任公司法务部门或人力资源专家值得信赖的律师和顾问是我们宝贵的职责。 此外,我们在广泛行业领域中的丰富经验使我们能够提供中肯、高效和实用的建议,以快速实现业务目标。 我们的律师明白,作为律师和顾问,他们的职责是帮助客户实现其业务目标,而不是拖延争议或使问题复杂化。

我们很荣幸能够代表美国经济中一些最知名,发展最快,最有趣的客户,其中包括波音、UPS、REI、微软,Weyerhaeuser、Puget Sound Energy、Smart&Final、星巴克、Vulcan 和西雅图棒球俱乐部。

在我们的律师提供全方位服务的同时,我们首要任务是担任出庭律师,在全美各地的联邦法院和州法院审理各种大小案件方面均具有无可比拟的经验。事实上,我们的律师跻身全美为数不多将雇佣集体诉讼进行审判并胜诉的律师之列。 此外,我们在与美国一些最大的工会雇主进行谈判并管理集体谈判协议方面拥有独特的丰富经验。

我们做到言必行。 博钦连续上榜《财富》杂志“ 最佳雇主公司 100 强”榜单,这绝非偶然。

Labor & Employment

咨询和预防性法律/培训

我们就各种雇佣问题提供建议,包括员工纪律和背景调查以及例如 FLSA,FMLA,ADA,Title VII,WARN,COBRA 及其州和地方法规下的各种要求。

就业诉讼

我们的律师具有丰富的出庭经验,并定期在全美各地的州和联邦法院出庭,就有关歧视,非法解雇,违反工时和其他与雇佣相关的诉求为雇主辩护。

传统劳工

我们的劳工律师具有极为丰富的经验,这些经验来源于数十年为美国大型工会雇主在仲裁或美国国家劳资委员会 (NLRB) 进行谈判的丰富实战经验。

就业隐私

我们在为客户提供有关加密和保护数据员工信息的咨询方面具有非常丰富的经验,以防止笔记本电脑,闪存驱动器,DVD 或其他包含个人机密信息的便携式数据库因丢失而导致的信息泄露。

雇员退休收入保障法(ERISA)诉讼

我们的律师代表雇主、计划管理员和计划信托人应对有关雇员福利和 ERISA 各个方面的诉讼。 我们为代表原告提起的案件以及集体诉讼进行辩护。

竞业禁止诉讼:我们为广泛行业领域和情形的竞业协议的适用进行抗辩,不仅在禁令听证会上,亦在庭审中。

工作场所调查:从高级管理人员到普通员工,我们的律师拥有处理最敏感调查的经验。

工人赔偿:我们在处理复杂的法律和医疗问题方面拥有丰富的经验,并帮助大型雇主处理与工人赔偿有关的诉求和其他问题。

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代理经验

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.

Counseling & Training

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.

Investigations & Audits

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.

Traditional Labor

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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