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 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, 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.
  • Conducted internal investigations for numerous businesses, including Fortune 500 companies, concerning allegations of sexual harassment, discrimination and other alleged unlawful conduct (including in the C-Suite). Reported findings to companies' Board of Directors.
  • 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.

Recognitions and Memberships

Recognitions

  • Law Week Colorado: Compleat Lawyer (2014)
  • Colorado Super Lawyers “Rising Star” (2014 to 2015, 2018 to 2019)
  • 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. District Court, Southern District of New York, 2009
  • U.S. District Court, District of Colorado, 2010
  • U.S. Court of Appeals, Tenth Circuit, 2010
  • 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 Class Action Blog
Recent Decisions Don't Provide Useful Guidance on Tests for the FAA Exemption of Transportation Workers
By John B. Lewis
April 29, 2019
Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act § 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it. See our Jan. 17, 2019, blog post on the exemption...
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Employment Class Action Blog
SCOTUS Reverses Ninth Circuit on Proper Bases for Class Arbitrations
By John B. Lewis
April 25, 2019
The U.S. Supreme Court, in a 5-4 decision, ruled that arbitration agreements must provide a “contractual basis for concluding that the part[ies] agreed to [class arbitration].” Reversing the Ninth Circuit, Chief Justice John Roberts found...
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Employment Class Action Blog
Illinois District Court Decertifies Equal Pay Act Collective Class Involving Physicians
By Gregory V. Mersol
April 24, 2019
Section 16(b) of the Fair Labor Standards Act (FLSA) is the provision that requires those participating in a federal claim for minimum wages or overtime to opt in to the class, making Rule 23 inapplicable. The same enforcement applies to...
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Employment Class Action Blog
Missouri District Court Decertifies FLSA Class of IT Workers
By Gregory V. Mersol
April 23, 2019
We’ve noted before that while conditional certification motions are often granted, such classes fare far less well at the second decertification stage and just as poorly on the eve of trial. See: “Ninth Circuit Affirms Decertification of...
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Employment Law Spotlight
Employers Speak Out on Proposed Changes to FLSA Overtime Rule
By Jacob A. Bruner, Nathan A. Schacht
October 10, 2018
On Sept. 14, 2018, the Department of Labor (DOL) conducted a fourth public listening session on proposed changes to the Fair Labor Standards Act (FLSA) overtime exemption. The session was one of four public listening sessions offered by...
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