| Tom Lemly has represented employers in complex employment matters for more than 30 years. He has had significant successful jury trial experience in state and federal courts and has tried more than three dozen cases. He counsels and trains employers in preventive labor and employment practices including union avoidance and labor relations management, wage and overtime compliance, disability, leave, and termination policies, and sexual harassment. Tom has assisted federal contractors dealing with affirmative action issues and AAP design and implementation and represented contractors during OFCCP audits throughout his practice. He also assists employers with union campaigns, collective bargaining, and grievance arbitration cases.
Tom is a frequent speaker on labor and employment law issues and is the editor or author of several major employment law texts, including Washington Employment Law, which he has written and edited for more than 20 years.
Tom’s clients include Amgen, Inc., Bank of America, Campbell Soup, Federal Express, Lowe’s Hardware, Russell Investments, Providence Health and Services, R.W. Beck, Seattle Opera and The Seattle Times. Selected Experience Seattle Opera Ongoing Labor relations counseling and labor negotiations for major national opera company with eight bargaining units. Russell Investments Ongoing Defense of international investment company against claims of age discrimination, commission claims, and stock pricing claims. R.W. Beck, Inc. Ongoing Defense of national engineering firm against claims of gender discrimination, harassment, and breach of contract asserted by former chief human resources officer. Lowe's HIW, Inc. 2009 Represented national retailer in multi-plaintiff sexual harassment, retaliation, and termination case brought in federal court by EEOC and five intervenor plaintiffs. Resolved by settlement and Consent Decree. CombiMatrix Corp. 2008 Represented biotech company in defense of claims brought by former vice president of research and development and vice president of marketing seeking multimillion-dollar damages for bonuses and commissions and also asserting patent and intellectual property claims. Claims dismissed following two-week trial. Health care organization 2008 Representation of a 50,000-employee health care organization in response to OFCCP corporate audit focusing on glass ceiling and other potential gender discrimination issues. Developed and implemented strategy to deal with numerous complaints from female employees during audit about perceived gender discrimination, resulting in closure of the audit with no back pay or hiring requirements or other adverse findings. Capital Business Machines 2008 Representation of high-tech manufacturing company in defense of trade secrets and other intellectual property; obtained injunction blocking state's release under public disclosure laws of confidential data to competitors. Safety-Kleen 2008 Resolved after summary judgment in federal court action on claims for national origin discrimination, retaliation, and unpaid overtime. Russell Investments 2006 Summary judgment granted on federal court action for wrongful discharge, racial discrimination, and constitutional claims. Scott Paper Company 2003 Defense verdict following two-week jury trial of sex discrimination, sexual harassment, and wrongful termination claims. Upheld on appeal. Wn. 2d Additional Qualifications
- 1st Lieutenant, U.S. Army, 1966-69
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Professional and Community Activities
- American Employment Law Council, 1993-present
- Chair, Board of Directors, 2004-05; Chair, Human Resources Council, 1987-2001; Executive Committee, 2001-present – Association of Washington Business (AWB)
- Board Member, Seattle Opera Association
- Chair, Labor Law Section, Seattle/King County Bar Association, 1983-84
- Member; former Subcommittee Chair, EEO, and Liaison Committees – American Bar Association
- Chair, Pacific Coast Labor Law Conference, 1983
- Member, U.S. Chamber of Commerce Labor Law Committee
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Professional Recognition
- Fellow, American College of Trial Lawyers
- Named as one of "America's Leading Lawyers for Business" in Employment Law by Chambers USA, 2003-2006, 2009-2010
- Named as one of the “Best Lawyers in America” in Labor and Employment Law by Woodward/White, 1987 and 1989-present
- Selected to "Washington Super Lawyers," Law & Politics, 2006-2010
- Listed in "Who's Who in American Law"
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Education J.D., University of North Carolina School of Law, with honors
- Order of the Coif
- Editor, Law Review
- National Moot Court Team
City of London College B.A., Duke University
- National Merit and Angier B. Duke Scholar
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