The Labor and Employment Department of Payne & Fears specializes in representing local, regional and national employers in all aspects of labor and employment law and related litigation.  We defend employers in employment cases, ranging from single-plaintiff wage and hour actions to complex disparate treatment cases brought on behalf of thousands of employees.  We deliver cost-effective results through early, comprehensive assessment of the facts and case strategy.  While many of our cases are resolved by dispositive motions and early resolution, we are also skilled trial attorneys who successfully take employment cases of every size and type through trial, arbitrations and administrative proceedings.  Our major areas of expertise include:

Successes

2016

Payne & Fears LLP Obtained Major Win in Widely Publicized Class Action

In late July, the Court of Appeals for the Ninth Circuit ended a 23-year bid by a retired employee of the world's largest aerospace company to force the company's pension plan to retroactively recalculate decades of pension benefits she and other retirees commenced while working. The plaintiff, one of the original "Rosie the Riveters" who riveted planes during WWII, and who recently retired from making C-17s at the age of 95, claimed that her and other participants' pension benefits had been underpaid since at least 1989. In 2015, Payne & Fears LLP prevailed on a summary judgment motion and a motion for new trial involving technical plan interpretations and ERISA regulations in the federal district court. The plaintiff appealed. After expedited briefing because of the plaintiff's age, and oral argument, the Ninth Circuit affirmed, ending a case with national publicity because of the plaintiff's role as the last "Rosie the Riveter."

Practice areas: Labor and Employment Litigation, Class Action Defense, Appellate Law (Labor), ERISA Litigation

Attorneys: Eric C. Sohlgren

2015

Payne & Fears Obtains Summary Judgment in Multiple-Claim Wrongful Termination Case in Idaho

Payne & Fears obtained complete summary judgment on claims brought by a former employee in federal court in Idaho. The employee, a former truck driver, alleged that she was discriminated against due to her gender and due to a disability resulting from a work-related injury, and in retaliation for filing a workers’ compensation claim arising from the injury. She brought seven claims under Idaho and federal law. The employer, a mining company, argued that the employee was accommodated by placing her in an office position, and that she was laid off due to economic difficulties because her tasks could be performed by others. Payne & Fears obtained summary judgment on all seven causes of action. Jim Moss handled the matter for the defendant employer.

Practice areas: Labor and Employment Litigation

Attorneys: James R. Moss, Jr.