Services & Industries
J.D., cum laude, Harvard Law School, 1985
B.A., summa cum laude, University of Notre Dame, 1982
Phi Beta Kappa
Bar & Court Admissions
Oregon State Bar
State Bar of Montana
State Bar of Michigan
U.S. District Court, District of Oregon
U.S. District Court, District of Montana
U.S. District Court, Eastern District of Michigan
Clay’s 30-year career in labor and employment law has focused on providing counsel and litigation services to employers. He has extensive experience litigating employment-related claims in federal and state courts, particularly representing employers in Americans with Disabilities Act litigation. On behalf of his clients, he has obtained a high percentage of defense verdicts, most recently in an ADA trial in which he represented an international insurance company.
Clay has litigated cases involving all aspects of employment law including discrimination, harassment, wage and overtime claims, severance agreements, non-compete agreements, the Older Worker Benefit Protection Act (OWBPA), COBRA, FMLA/OFLA, defamation, and wrongful discharge. Clay also provides counsel to employers, assisting in matters such as down-sizings, reasonable accommodations, leave issues, and general day-to-day employment law questions which arise for employers.
Prior to joining Tonkon, Clay clerked for United States District Judge Russell E. Smith in the District of Montana. Clay worked for almost twenty years at Bullivant Houser Bailey, PC, where he was a shareholder and served for a total of almost twelve years as chair of the Employment practice group.
Since 2006, Clay has been recognized as an Oregon leader in employment law by Super Lawyers, a designation reserved for the top five percent of lawyers in Oregon based on peer recognition and professional achievement. Clay has been listed in Chambers USA: America’s Leading Lawyers since 2012 for his work in labor and employment law.
Kristie Merrill et al. v. Employer
Conducted internal investigation into allegations of sexual harassment asserted by one former employee and two current employees of central Oregon healthcare provider.
Jes Shelton v. Employer
Obtained favorable settlement for local affiliate of international nonprofit housing organization in lawsuit filed by former employee in federal court for whistleblower retaliation.
Disability Discrimination Claims
Obtained defense jury verdict on behalf of an international insurance company against disability and leave discrimination claims brought by a former employee.
Assisted major health care provider with down-sizing, addressing WARN Act issues, and avoiding liability for claims arising from downsizing.
Obtained defense award in arbitration on behalf of a major southern Oregon manufacturer against gender discrimination and whistleblower claims brought by a former employee.
Race Discrimination Claims
Obtained summary judgment on behalf of national staffing company against claims of race and national origin discrimination by a former employee
Frances Du Ju v. Employer
Won summary judgment in federal lawsuit for race discrimination and retaliation filed by former employee of international staffing agency.
Community Involvement & Activities
Oregon Association of Defense Counsel
Past Chair of Employment Section
Westside Christian High School
Past Member, Board of Directors
Portland Human Resources Management Association
Member, Board of Directors
DRI, Employment Law Section
Multnomah Bar Association
Fifty-three Tonkon Torp lawyers representing 37 practice areas have been selected for inclusion in The Best Lawyers in America® 2023. Nearly all the attorneys have been previously named to the peer-review list, and most have been listed for more than 10 years.
Thirty-one Tonkon Torp attorneys in 11 practice areas have been included in the 2022 Oregon Super Lawyers or Rising Stars
Chambers USA has recognized 28 Tonkon Torp attorneys in eight practice areas in its Chambers USA 2022 Guide.
On September 14, labor and employment partners Kristin Bremer Moore and Clay Creps hosted a webinar to brief healthcare employers on the recent vaccine mandates by Governor Brown and President Biden.
Fifty-three Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2022
By Clay Creps – Governor Brown recently signed into law three key employment-related bills, affecting the Workplace Fairness Act, mandatory overtime, and the Equal Pay Act.
By Clay Creps – We recently reported on a number of employment-related bills working their way through the Oregon Legislature.
By Clay Creps – The Oregon Legislature has begun its 2022 Regular Session and we want to make you aware of a number of interesting bills which could impact the employment arena. It is too early to know which of these, if any, will become law, but we can see trends in employment law by looking them over.
By Clay Creps – In their most recent session, the Oregon Legislature passed, and Gov. Kate Brown signed into law, Senate Bill 169 (SB 169) – a bill which continues to erode the protections of noncompetition agreements for employers.
Cannabis businesses are highly regulated, with complex rules applicable to each level of the supply chain; from checking ID of customers to ensuring proper entry of plant weights in the state’s seed-to-sale tracking system, there are almost infinite ways for employees to make mistakes that could cause cannabis businesses to incur violations.
Publications & Presentations
“Governor Brown Signs Three Employment-Related Bills,” Tonkon Torp Legal Alert, March 2022
“Potential 2022 Legislation Impacting Employers,” Tonkon Torp Legal Update, February 2022
“New Legislation is a Blow to Oregon Employers Relying on Noncompetition Agreements,” Portland Business Journal, January 2022
“Oregon Healthcare Vaccine Mandates,” September 2021
“Holding Employees Accountable for Cannabis Violations,” Tonkon Torp Legal Update, September 2021
“Top Five Bills Impacting Oregon Employers,” Tonkon Torp Legall Update, June 2021
“Legislative Update,” Annual Labor & Employment Law Update, June 2021
“Those Mask Rules Just Keep Changing,” Tonkon Torp Legall Update, May 2021
“Oregon Employers: Masks Still Required at Places of Employment,” Tonkon Torp Legall Update, May 2021
“Employment Law in Oregon,” TiE XL Oregon Bootcamp, April 2021
“Update on Proposed Oregon Legislation – What Employers Need to Know,” Tonkon Torp Legal Update, April 2021
“What Employers Need to Know About the American Rescue Plan Act,” Tonkon Torp Legal Update, April 2021
“COVID Employment Considerations,” Law Firm Alliance, February 2021
“What the 2021 Oregon Legislature Has in Store for Employment Law,” Tonkon Torp Legal Update, January 2021
“A Far-Flung Workforce is the Post-COVID New Normal,” Portland Business Journal, January 2021
“Employment Law in Oregon,” TiE XL Oregon Bootcamp, December 2020
“Oregon OSHA Finalizes Temporary Workplace Safety Rules for COVID-19,” Tonkon Torp Legal Update, November 2020
“Oregon OSHA’s New COVID-19 Rule,” November 2020
“Legal Considerations For Employers Related to Protests, Racial Injustice, and Political Speech,” June 2020
“Is Telecommuting the New Normal?” May 2020
Panelist, “FAQs for Employers in the COVID-19 Reality,” April 2020
“DOL Releases Third Round of FFCRA Guidance, Covering Details on Exemptions, Leave Lengths, and More,” Tonkon Torp Legal Update, March 2020
“Second Round of DOL Guidance Clarifies Intermittent Leave, Furloughs, and Other Crucial Questions about FFCRA,” Tonkon Torp Legal Update, March 2020
“Families First Coronavirus Response Act: What Employers Need to Know,” Tonkon Torp Legal Update, March 2020
“Oregon Employers: Remember Your Employee Leave Obligations as COVID-19 Spreads – Update,” Tonkon Torp Legal Update, March 2020
“Potential Expansion of FMLA Protection in Response to COVID-19 Pandemic,” Tonkon Torp Legal Update, March 2020
“Oregon Legislation to Prohibit Hair-Based Discrimination,” Tonkon Torp Legal Update, February 2020
“California’s Independent Contractor Statute,” Tonkon Torp Legal Update, September 2019
“Oregon’s Workplace Fairness Act,” Tonkon Torp Legal Update, June 2019
“Washington State to Restrict Noncompetition Agreements,” Tonkon Torp Legal Update, May 2019
“Legislative and Regulatory Update,” Annual Labor & Employment Law Update, May 2019
“Oregon Paid Family and Medical Leave – Legislation Introduced,” Tonkon Torp Legal Update, March 2019
“Are You Ready for Paid Family and Medical Leave in Oregon?” Tonkon Torp Legal Update, January 2019
“Accommodating Physical and Mental Disabilities in the Workplace,” Oregon Association of Defense Counsel Fall Seminar, November 2018
“Does Your Intern Program Make the Grade?” Tonkon Torp Legal Update, July 2018
“Wage-Fixing and No-Poaching Agreements – Criminal Prosecution Is a Real Risk,” Tonkon Torp Legal Update, July 2018
“Employment Law Q&A for Startups,” August 2016
“BOLI Issues Rules Regarding Minimum Wage Increase,” Tonkon Torp Legal Update, July 2016
“Labor & Employment Update,” Real Benefits Group, June 2016
“Discovery in Labor and Employment Law,” Second Annual Labor & Employment Law Boot Camp, Oregon State Bar, June 2016
“Employee Handbooks for Startups,” March 2016
“Discovery in Labor & Employment Law,” Labor & Employment Law Boot Camp, Oregon State Bar, November 2015
“Employment Law for Startups,” November 2015
“Portland Protected Sick Time: What Employers Need to Know,” Annual Employment Law Conference, Oregon Bureau of Labor & Industries (BOLI), November 2014
“Introduction and Overview of the Ordinance,” The Seminar Group, June 2014
“Sexual Harassment, Discrimination and Retaliation in the Workplace,” The Salvation Army ARC, October 2013
“Small Business Employment Law Issues,” The Seminar Group, February 2013
“Wage and Hour Issues,” Rogue Valley Chapter of the Society for Human Resource Management (SHRM), August 2012
“Supervisors Must Recognize Requests for Accommodations,” Daily Journal of Commerce, February 2012