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.

Nate is the Denver Labor and Employment Leader. Nate also serves as the co-chair of the Denver office’s Inclusiveness and Diversity Committee.

Select 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. 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; and compliance with employment laws. Counsels clients on discipline, termination, and restructuring efforts, including WARN Act compliance and related issues.
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.
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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. 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; and compliance with 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.
  • Conducts internal investigations for numerous businesses and their Boards of Directors, including Fortune 500 companies, concerning allegations of sexual harassment, discrimination and other alleged unlawful conduct (including in the C-Suite).
  • 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.
  • 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.

Recognitions and Memberships

Recognitions

  • Law Week Colorado: Compleat Lawyer (2014)
  • Colorado Super Lawyers “Rising Star” (2014 to 2015, 2018 to 2020)
  • 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
  • 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.

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
Who Is ‘Engaged in Commerce’ Under FAA Section 1? Not Food Delivery Drivers
August 7, 2020
Certain Grubhub Inc. delivery drivers brought two putative collective and class actions asserting that they were misclassified as independent contractors, resulting in both federal and state wage and hour violations. The drivers – who...
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Employment Class Action Blog
Arbitrator’s Joke Not Sufficient to Vacate Award in Putative Antitrust Class Action
August 5, 2020
A poor joke and unsubstantiated hero worship were insufficient to overturn an arbitrator’s award in favor of Travis Kalanick and Uber Technologies Inc., according to U.S. District Judge Jed S. Rakoff. In an Aug. 3 memorandum and order...
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Employment Law Spotlight
Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order
By Jacob A. Bruner, Nathan A. Schacht
February 13, 2020
Effective March 16, 2020, COMPS Order #36 (the Order), issued by the Colorado Department of Labor and Employment, will bring about sweeping changes to Colorado’s overtime and minimum pay standards (COMPS) impacting private employers. The...
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Employment Law Spotlight
Colorado Shores Up Employee Protections for Criminal History Inquiries, Wage Theft and Pay Equity During Busy 2019 Legislative Session
By Nathan A. Schacht
June 14, 2019
Colorado’s 2019 legislative session was busy, including producing a trio of new employment laws that tighten regulations on employers in the areas of pay equity, criminal history inquiries and wage theft. Employers face comprehensive...
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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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