Michael J. Killeen

Of Counsel

I identify with employers and am partisan about protecting them from threats by parties misstating the law or misusing the process.

Mike Killeen has decades of experience counseling and defending employers regarding a wide range of labor and employment law matters. He is the long-time author of Lexis Law Publishing’s “Employment in Washington,” the most recognized encyclopedia of labor and employment law in the state of Washington. He is a nationally recognized expert on federal and state wage and hour law and federal and state occupational safety and health law (OSHA/WISHA). He is a co-founder of the national Wage & Hour Defense Institute.

Mike has tried scores of employment cases in administrative and judicial courts. Based on detailed, confidential evaluations by leading attorneys, he has been named 2019 Lawyer of the Year in Labor and Employment Litigation. He is also recognized as a skilled and experienced appellate attorney in state and federal courts. He is a Senior Fellow, Litigation Counsel of America, an invitation-only trial lawyer honorary society limited to less than one-half of one percent of American lawyers evaluated for effectiveness and accomplishment in litigation and trial work, along with ethical reputation. He is also a Fellow, College of Labor and Employment Lawyers, which is an invitation-only, rigorously vetted fellowship of the most accomplished members of the labor and employment law community.

Practice Highlights

Wage and hour litigation

Defends employers against “gotcha” wage and hour allegations or lawsuits and major class actions including claims for failure to pay for time worked, failure to give rest or meal breaks, and misclassification as exempt and independent contractor.

Wage and hour audits

Advises employers regarding their rights when federal or state agencies show up unannounced to conduct a surprise wage and hour inspection (or a workers compensation or an unemployment compensation tax audit), including how to respond to demands for documents and interviews, and how to demonstrate compliance with existing laws and regulations. Advises and counsels employers on how to conduct self-audits using the protection of the attorney-client privilege.

OSHA and state-plan occupational safety and health investigations

Advises employers regarding compliance with OSHA standards (or the equivalent state-plan agency occupational safety and health regulations). Helps employers understand their rights and navigate the OSHA inspection process. Represents employers if a citation is issued, including litigating the appeal of the citation or negotiating a satisfactory resolution, with goal of minimizing the operational interference sought by OSHA with regard to workplace practices when abating the alleged violative condition.

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

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

Memberships & Affiliations

- ABA, Labor and Employment Section, 1985-present
- ABA, Occupational Safety and Health Law Committee, 1990-present
- ABA, Fair Labor Standards Legislation Committee, 2004-present
- King County Bar Association, past Treasurer
- Seattle Goodwill Board of Directors, 1987-present; Chair, 2010; Vice-Chair, 2009-2010
- Gonzaga Law School Board of Advisors, 1999-2014; President, 1992-1996
- Gonzaga University Board of Regents, 1992-1996
- Washington Defense Trial Lawyers, Employment Law Committee, 2000-present

Professional Recognition

- "Recognized Practitioner" in Labor & Employment (Washington) by Chambers USA, 2016-2017
- "Best Lawyers in America" in Labor and Employment Law by Best Lawyers, 2007-present (peer rated); 2019 Lawyer of the Year, Litigation: Labor and Employment
- Fellow, College of Labor and Employment Lawyers, 2015-present
- Senior Fellow, Litigation Counsel of America, 2009-present
- Co-founder and charter member, Wage & Hour Defense Institute, 2009-present
- AV Preeminent-rated, Martindale-Hubbell, 1988-present (highest peer rating)
- "Washington Super Lawyers," Thomson Reuters, 2009-2021
- 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

Background

- 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

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