Nathan A. Schacht

Experience

Advice and Counsel Experience

• As in-house labor and employment counsel for a global technology company, advised business partners in multiple departments on day-to-day and strategic labor and employment issues in the United States and Canada. Responded on behalf of the company and its affiliates to agency complaints, investigations and audits. Managed the litigation portfolio for the company and its affiliates in the United States and Canada.
• Provides ongoing labor and employment advice and counsel to companies of all sizes and across industries. Advises the executive, human resources and legal departments on all aspects of the employer-employee relationship, including discrimination; harassment; retaliation; leaves of absence; religious and disability accommodations; background check processes and forms; drug testing and compliance; compliance with local, state and federal laws applicable to the COVID-19 pandemic and compliance with other employment laws. Counsels clients on discipline, termination and restructuring efforts, including WARN Act compliance and related issues.
• Counsels clients related to federal and state wage and hour concerns, including misclassification of employees; meal and rest periods; off-the-clock work; interns; and other wage laws. Conducts wage and hour audits for companies of all sizes including, without limitation, in the hospitality, manufacturing, healthcare and retail industries.
• Provides advice and counsel and pre-litigation guidance to companies regarding fast-moving non-competition and related restrictive covenant matters, including seeking to enforce restrictive covenant obligations against employees and executives who have left the client’s employment.
• Conducts internal investigations for numerous businesses and their Boards of Directors, including Fortune 500 companies, concerning allegations of sexual harassment, discrimination, hostile work environment, bullying and other alleged unlawful conduct (including in the C-Suite).
• Regularly negotiates sensitive and confidential separation agreements for C-suite, physician and other high-level executives or professionals and mitigates litigation risk related to such terminations.
• Works with human resources, legal and compliance departments to ensure compliance with employment policies and procedures. Prepares and modifies employee handbooks and policies, and drafts and negotiates employment, separation and restrictive covenant agreements. Trains managers, employees, human resources professionals and members of legal departments on labor and employment laws and requirements. Conducts audits of human resources policies, practices and procedures.
• Provides labor and employment law advice and conducts due diligence in the context of domestic and international M&A transactions.
• Advised healthcare client on implementation of inclusivity, diversity, and equity initiative and program across its entire hospital system.
• Advised one of the world’s largest media companies in drastically reducing its global workforce in more than 10 countries, including the closure of numerous offices. The team completed global reduction in force with all terminated employees signing release agreements.

Litigation Experience

• Serves as designated outside employment law counsel for a number of businesses with respect to federal and state agency complaints, including before the EEOC, NLRB, and applicable state and local agencies, and federal and state lawsuits involving all manner of employment disputes.
• Serves as lead defense counsel in union labor arbitrations for multiple clients, including for Fortune 100 grocery store chain in the intermountain region. Has obtained multiple dismissals of and negotiated settlements for labor grievances in arbitration for contract interpretation, discipline, and discharge matters. Has also successfully defeated unfair labor practice charges submitted to the National Labor Relations Board, including on issues of first impression.
• Member of a cross-office team that defended a large financial institution against statewide wage and hour class actions alleging, among other things, failure to pay overtime, failure to compensate for missed meal and rest periods, and misclassification.
• Obtained a published dismissal on a motion to dismiss retaliation claim based on the reporting of sexual harassment under Title VII for a Fortune 500 company.
• Has obtained dismissal for clients alleging employment-related claims at the motion to dismiss and summary judgment stages. Obtained summary judgment and a dismissal of claims for a large energy company on numerous employment issues raised when a former employee sued the client and attempted to bring a large number of individuals as plaintiffs. The decision was affirmed by the Montana Supreme Court.
• Has participated in negotiating settlements for large and small companies in a variety of employment cases and issues, including those involving alleged discrimination, whistleblower allegations, wage and hour violations, and noncompetition agreements. Participated in the negotiation of a settlement of allegations of systemic sex discrimination in hiring and promotion brought by the Equal Employment Opportunity Commission (EEOC) against a large agricultural company.
• Defends companies in single plaintiff employment lawsuits involving pro se plaintiffs. Obtained dismissal with prejudice of pro se claims through motion to dismiss for failure to prosecute.
• Has tried two cases to jury verdict, one as the first-chair lawyer, and has tried multiple cases before a judge in bench trials. Represented a banking institution as the plaintiff alleging claims based on breach of an insurance contract resulting in a federal court jury trial culminating in a judgment of more than $1.7 million.
• After a two-day evidentiary hearing, obtained a preliminary injunction under Colorado state law enjoining a former independent contractor from providing services for a competing company pursuant to the trade secrets “exception” to the Colorado noncompetition statute. Represents numerous clients prosecuting and defending restrictive covenant matters under Colorado law.
• As lead counsel, obtained a nearly $3 million award for former executive alleging a breach of contract claim against the former oil production corporation employer after a three-day arbitration -- at which multiple witnesses testified, including Board members -- and an extensive post-arbitration briefing.
• Obtained dismissal of putative TCPA class action for large automotive loan refinancing company by convincing the plaintiff to dismiss claims with prejudice, without any settlement.

Memberships

• American Bar Association
• New York Bar Association
• Colorado Bar Association
• Colorado GLBT Bar Association
• Denver Bar Association

Community

• One Colorado: Board of Directors (former)
• Colorado Health Institute: Board of Directors

Pro Bono

• Has successfully represented individuals in immigration proceedings, including those seeking asylum.
• As an instrumental member of a BakerHostetler team working as cooperating counsel with the American Civil Liberties Union of Colorado, represented the family of a victim in a wrongful death civil rights suit against three state patrol officers. The team negotiated a settlement of more than $1 million that included a commitment by the Colorado State Patrol to make significant changes to its Fourth Amendment training.
• As an instrumental member of a BakerHostetler team working as cooperating counsel with the American Civil Liberties Union of Colorado, represented two women wrongly arrested and prosecuted for crimes during a 2013 "drug sting." The lawsuit settled with payment of $375,000 to the clients.