Employers navigating complex scenarios are represented by Schwabe.

Experience

  • Represented a national insulation company in class action litigation regarding an alleged failure to pay rest breaks and for a non-productive time under Washington’s Minimum Wage Statute. The plaintiff, a former insulator, alleged that the defendant failed to pay rest breaks and non-productive time separately and hourly from the piece rate compensation work. The parties engaged in discovery. During the litigation, the Washington State Supreme Court held in Sampson v. Knight Transportation, Inc. that non-agricultural employers are not required to pay non-productive time separately from piece-rate compensation. With this blow to the plaintiff’s theory, the matter was resolved favorably through settlement.
  • Successfully upheld and enforced a non-solicitation agreement on behalf of an Oregon company whose former sales associate began employment with a competing company and solicited the plaintiff’s clients. Obtained a TRO and subsequent resolution that included a two-year injunction.
  • Won a defense verdict on behalf of a national assisted-living facility on a novel pregnancy and gender discrimination theory.
  • Defended an international logistics company against disability discrimination and retaliation claim.
  • Won an arbitration award on behalf of a financial institution on a breach of non-solicitation agreement claim.
  • Won a defense verdict on behalf of a national play structure manufacturer involving gender discrimination and retaliation claims.
  • Won summary judgment in Federal Court on an employment discrimination claim on behalf of a major nationwide retailer.
  • Won a complete motion to dismiss in State Court on behalf of a residential community development company.
  • Won summary judgment in State Court on an OFLA discrimination claim on behalf of a nationwide shoe and boot manufacturer.
  • Obtained a temporary restraining order and a preliminary injunction against a former employee suspected of embezzlement.
  • Prevailed in an arbitration to enforce a liquidated-damages provision after a breach of a nonsolicitaition/no-hire contract, and successfully enforced the attorney fee provision of the contract.
  • Won a defense verdict on behalf of a financial-services client in which the plaintiff alleged a variety of causes of action, including sex discrimination, retaliation, and constructive discharge.
  • Represented an international logistics and distribution company in class action litigation regarding an alleged failure to pay rest breaks and for a non-productive time under Washington’s Minimum Wage Statute. The parties engaged in extensive discovery and resolved the matter favorably through settlement.
  • Represented a large national retailer in class action litigation in Washington. We successfully defeated a motion to certify the proposed statewide class of employees. After that, the plaintiffs’ counsel filed 14 separate county-wide class actions in Washington, which our team successfully defended. We also were involved in the defense of several putative class action arbitration proceedings brought by the same plaintiffs’ attorneys on behalf of employees who had signed arbitration agreements at the time of hire.

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