Employment Litigation

When a workplace dispute escalates, we help employers get the problem resolved. Whether settling out of court or through successful representation at trial or on appeal, our attorneys are experienced with defending employment claims before all levels of federal and state courts or agencies.

Our experience includes working on the following kinds of issues:

  • Harassment and discrimination
  • Retaliation and whistleblowing claims
  • Wage and hour claims, including class actions
  • Disability discrimination and accommodation
  • Family and medical leave claims
  • Wrongful termination and related tort and contract claims
  • Employment contracts
  • Pension and employee benefits
  • Misappropriation of trade secrets and enforcement of non-competition agreements

Washington Paid Family and Medical Leave Requirements to Start in 2019

In 2017, the Washington State legislature authorized a statewide insurance plan to provide paid family and medical leave to all Washington employees. Under the Paid Family and Medical Leave law, nearly all Washington employers must collect and remit…
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Final Rules Issued on Oregon's Equal Pay Act

On November 19, 2018, the Oregon Bureau of Labor and Industries ("BOLI") issued permanent administrative rules for Oregon's Equal Pay Act. The rules will be effective January 1, 2019.
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OSHA's Memorandum Clarifies Anti-Retaliation Rule

In May 2016, the Occupational Safety and Health Administration (OSHA) published a final rule adding an anti-retaliation provision that prohibits employers from retaliating against employees for reporting work-related injuries or illnesses. The final…
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"Production Minutes" Do Not Constitute "Piece Work" Under Washington’s Minimum Wage Law

On September 20, 2018, the Washington Supreme Court considered whether an employer’s payment plan that includes “production minutes” or actual clock time as an employee's metric, qualifies as a “piece-work plan” under Washington’s Minimum Wage Act…
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Ninth Circuit Limits the Use of Tip Credits

On September 18, 2018, the Ninth Circuit, sitting en banc, considered whether fourteen former servers and bartenders were entitled to back wages under the Fair Labor Standards Act (FLSA) for time spent engaged in non-tipped tasks.
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Wage-Fixing and No-Poaching Agreements – Criminal Prosecution Is a Real Risk

In case there was any doubt about it, recent activity by the United States Department of Justice (DOJ) should serve as a sharp reminder to employers that wage-fixing and "no-poaching" agreements are illegal and subject to criminal prosecution. These…
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Oregon Court of Appeals Expands Employment Retaliation Liability

In its May 31, 2018, decision in McLaughlin v. Wilson, 292 Or App 101 (2018), the Oregon Court of Appeals expanded liability for employment retaliation in two ways. The court held that (1) individuals, not just employers, can be primarily liable for…
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U.S. Supreme Court Clarifies Enforceability of Class Action Waivers in Arbitration Agreements

On May 21, 2018, the United States Supreme Court held that class and collective action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA). Many employers enter into arbitration agreements with employees…
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U.S. Supreme Court Restores Status Quo for Automobile Service Advisors

On April 2, 2018, the United States Supreme Court, in a 5-4 decision, resolved a circuit split by concluding that auto dealership service advisors are exempt from the overtime requirements under the federal Fair Labor Standards Act ("FLSA").
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Supreme Court to Again Evaluate Whether Auto Service Advisors Are Exempt from Overtime

On September 28, 2017, the United States Supreme Court agreed to revisit the question of whether service advisors at car dealerships are exempt from overtime. The federal FLSA exempts from overtime "any salesman, partsman, or mechanic primarily…
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