Nathan A. Schacht

Counsel

Denver
T +1.303.764.4029
F +1.303.861.7805

Overview

Nate Schacht concentrates his practice on employment litigation, class and collective action litigation, labor relations, and employment law counseling. Using his combined experience in private practice and as a prior in-house employment lawyer for a global technology company, Nate brings a business-oriented and creative approach to counseling and litigation in complex labor and employment issues. He advises C-suite officers, directors and business owners in all areas of employment law, including wage and hour issues; issues concerning the Family Medical Leave Act, the Americans with Disabilities Act and related laws; unfair competition; discrimination and harassment claims; class actions; grievance arbitrations; and employment issues related to mergers and acquisitions.

Select 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.
  • 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.
  • Participated in advising and assisting 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 successfully completed global reduction in force with all terminated employees signing release agreements.
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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.
  • 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.
  • Participated in advising and assisting 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 successfully completed global reduction in force with all terminated employees signing release agreements.
  • 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.
  • Defended a large energy company and a grocery company in multiple union labor arbitrations. Obtained dismissal of a union labor grievance for the energy company concerning a unique collective bargaining agreement interpretation issue. 
  • 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.
  • Conducted multiple wage and hour audits for a nationwide hospitality company. Advised a nationwide manufacturing company concerning the reclassification of positions under federal and state wage and hour laws. 
  • Has successfully defended large and small companies in the administrative process against alleged unlawful conduct, including before the EEOC, the National Labor Relations Board and the Department of Labor.
  • 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.
  • Represented a large agricultural cooperative in proceedings before the U.S. Occupational Safety and Health Review Commission with regard to numerous alleged Occupational Safety and Health Administration citations at a facility in Montana. Successfully negotiated settlement of numerous alleged citations to a low classification and penalty amount. 
  • After a two-day evidentiary hearing, successfully 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.

Recognitions and Memberships

Recognitions

  • Law Week Colorado: Compleat Lawyer (2014)
  • Colorado Super Lawyers “Rising Star” (2014, 2015)
  • Denver Business Journal
    • Business of Pride "Outstanding Voice" (2017)
    • Forty Under 40 (2014)

Memberships

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

Community

  • One Colorado: Board of Directors
  • The Community College of Aurora Foundation: 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.

Prior Positions

  • Global Technology Company: In-house Labor and Employment Counsel
  • Paul Hastings: Employment Law Department

Admissions

  • U.S. Court of Appeals, Tenth Circuit, 2010
  • U.S. District Court, District of Colorado, 2010
  • U.S. District Court, Southern District of New York, 2009
  • U.S. District Court, District of Montana, 2017
  • Montana, 2017
  • Colorado, 2010
  • New York, 2009

Education

  • J.D., University of California, Berkeley School of Law, 2008, Berkeley Journal of Employment and Labor Law
  • B.A., Political Science, University of Portland, 2005

Blog

In The Blogs

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Employment Law Spotlight
Massachusetts Pregnant Workers Fairness Act Will Be in Effect Before You Know It
January 8, 2018
As you may know, Massachusetts Governor Charlie Baker signed the Massachusetts Pregnant Workers Fairness Act in July, expanding state protections for pregnant women and new mothers, and setting new rules for employers with six or more...
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Employment Law Spotlight
California Imposes New Rules on Employers in Worksite Enforcement Actions
December 22, 2017
Authorship credit: Matthew W. Hoyt, James D. Levine, Pamela D. Nieto and Alan C. deVries With clear indications from the Trump administration that worksite immigration enforcement is near the top of the agenda for 2018, the state of...
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Employment Class Action Blog
Second Circuit Affirms Summary Judgment in Putative Internship Class
December 12, 2017
Four years ago, a wave of cases involving unpaid internships looked to be the next “big thing.” As those cases sputtered, however, and employers reduced or eliminated internships, the flood of anticipated litigation never fully...
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Employment Class Action Blog
New Bill Would Outlaw Mandatory Arbitration Agreements For Sex Discrimination Disputes – Is A Poorly Constructed Bill The Right Cure For The Disease?
December 8, 2017
Prior bills have attempted, unsuccessfully, to eliminate individual arbitration as a means to resolve employment disputes. Senator Al Franken introduced several bills, starting in 2009, to forbid pre-dispute mandatory arbitration...
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Employment Class Action Blog
The Ninth Circuit Rules That both an Arbitrator and a Trial Court May Have a Role in a Case with Individual and PAGA Claims
November 29, 2017
Employers, plaintiffs, and courts continue to grapple with the difficult issue of the interplay between the California Private Attorneys General Act (“PAGA”) and arbitration agreements. We’ve addressed these issues several times on this...
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