Related Practices

Admitted to Practice

Washington
U.S. Supreme Court
U.S. District Court Western District of Washington
U.S. District Court Eastern District of Washington
U.S. Court of Appeals 9th Circuit

Michael J. Killeen

Partner

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Seattle

T206.757.8076

F206.757.7076

Mike Killeen focuses on counseling and defending employers regarding employment law issues and related litigation, including class actions, with particular emphasis on wage/hour and OSHA/WISHA compliance. He also represents employers in courtroom litigation and appeals in a wide range of wrongful discharge, discrimination and breach of contract matters. Mike is the author of several key employer reference books on employment law, and has lectured extensively on employment law subjects to industry groups, seminars for HR professionals and in-house counsel, and employment law practitioners. He regularly advises employers on preventive best practices, HR policy reviews and collective bargaining issues.

Mike's clients include: AutoNation, Columbia Legal Services, Emerald Performance Materials Ltd., Pressco Products, Seattle Goodwill, Seattle Tennis Club, Shell (Equilon), Twin City Foods, Tyson Foods, Waste Management, and Universal Language Services.

Representative Experience

Kirchoff v. Wipro, Inc.

Won summary judgment in nationwide wage and hour class action case brought by former manager alleging Wipro improperly prorated first and last weeks’ pay under FLSA and state minimum wage laws. (W.D. Wash. 2012)

Pierscieniak v. Volt Information Sciences, Inc.

Secured summary judgment on behalf of Volt Information Sciences in a class action suit involving allegations that the vesting provisions in the company's 401(k) plan violated ERISA. (2010)

Wage and hour class action dispute for national retailer (Fortune 100)

Defended national retailer employer in the largest wage and hour class action in Washington State history involving alleged underpayment of shift differential. Case removed to federal court. Class never certified. Case settled with individual claimants during court-ordered mediation. (2008)

Wage and hour class action dispute for residential drywall contractor

Defended residential drywall contractor in wage and hour class action litigation involving alleged underpayment of wages and overtime. Case settled after discovery, motion practice and court-ordered mediation. (2008)

Bostain v. Food Express, Inc.

Prepared amicus brief to Washington Supreme Court on behalf of the American Trucking Association regarding application of Washington Minimum Wage Act to hours worked by interstate truck drivers outside the State of Washington. 159 Wn.2d 700, 153 P.3d 846 (2007)

Wage and hour class action dispute for national retailer

Defended an employer in the largest wage and hour class action in Washington history. 133 Wn. App. 1036 (2006)

Miller v. Farmer Bros. Co.

Affirmed summary judgment in a wage and hour employment class action. 115 Wn. App. 815, 64 P.3d 49 (2003) Read more

Webster v. Public School Employees of Washington, Inc.

Represented union as case certified to Washington Supreme Court, which held that accrued lead time is not 'salaried' under the wage and hour law and that a single improper deduction or a requirement that employee 'make up' absences that occurred during normal business hours do not per se preclude employer from preserving the salaried employee exemption from the Washington Minimum Wage Act overtime pay requirements. (2003)

Additional Qualifications

Law Clerk, Hon. Vernon R. Pearson, Chief Justice, Division Two of the Washington State Court of Appeals (later Chief Justice, Washington Supreme Court) 1977-1979
1st Lieutenant, U.S. Army, Medical Service Corps, Honors Graduate, Medical Materials School, 1971-1974

Professional & Community Activities

ABA, Labor and Employment Section, 1985-present; ABA, Occupational Safety and Health Law Committee, 1990-present; ABA, Fair Labor Standards Legislation Committee, 2004-present
Member and past Treasurer, King County Bar Association
Chair, 2010; Vice-Chair, 2009-10; Board of Trustees, 1987-present; Executive Committee, 2000-present – Seattle Goodwill
Board of Advisors, 1999-present; President, Board of Advisors, 1992-1996 – Gonzaga Law School
Board of Regents, Gonzaga University, 1992-1996
Member, Washington Defense Trial Lawyers, Employment Law Committee, 2000-present

Professional Recognition

Named as one of the "Best Lawyers in America" in Labor and Employment Law by Best Lawyers, 2007-present (peer rated)
Selected to "Washington Super Lawyers," Thomson Reuters, 2009-2012
Distinguished Alumni Merit Award, Gonzaga University, 2002
Freedom's Light Award, Washington Newspaper Publishers Association, 1999
Willard J. Wright Award for Outstanding Civic Activity, 2009
Fellow, Litigation Counsel of America, 2009-present
Member, Wage and Hour Defense Institute, 2009-present
AV Preeminent-rated, Martindale-Hubbell, 1985-present (peer rated)

Education

J.D., Gonzaga University School of Law, 1977, magna cum laude
- Editor-in-Chief, Gonzaga Law Review
- Member, National Moot Court team: First Place in Northwest Region and Best Oral Advocate
B.A., Political Science, English, Gonzaga University, 1971