Brenda K. Baumgart

Brenda K. Baumgart

Partner & Chair: Labor & Employment Group
Portland, OR
Overview

About Brenda

Brenda Baumgart is practice group leader for Stoel Rives’ Labor & Employment group and devotes her practice to assisting companies of all sizes navigate the complexities of employment and labor laws. She partners with clients to provide day-to-day advice and compliance counseling, assisting them with finding practical solutions while minimizing litigation risk. Her litigation and trial work includes defending employers in federal and state courts in all areas of employment law (including single plaintiff cases and class/collective actions), handling appeals exclusively on matters of labor and employment law before appellate courts, including the Oregon Court of Appeals, the Oregon Supreme Court, the Ninth Circuit, the Eighth Circuit, and the Fifth Circuit, and administrative proceedings before various governmental agencies. Brenda also has a strong traditional labor practice and represents clients in labor arbitrations and matters before the National Labor Relations Board (NLRB). She conducts internal workplace investigations for private and public sector clients. Brenda is a frequent speaker in the community and provides on-site client training on numerous topics including workplace harassment and discrimination, the intricacies of family medical leave laws, disability law, wage and hour compliance, and drug and alcohol issues. Although Brenda supports clients across numerous industry sectors, she has extensive experience representing health care clients.

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Experience

Experience

Trial and Appellate Experience

  • Ronald H. Kramer v. Mary Cullinan and Southern Oregon University et al. Successfully achieved reversal of the district court’s previous denial of qualified immunity to former SOU President before the Ninth Circuit Court of Appeals.
  • Timothy James Mayo v. PCC Structurals, Inc. Prevailed on behalf of PCC Structurals in a case of first impression before the Ninth Circuit Court of Appeals regarding whether an employer can terminate an employee for making threats of violence in the workplace, even if the threats are disability related. 
  • Nydigger v. Portland General Electric (PGE). Defense verdict in two-week jury trial in which plaintiff claimed retaliation (whistleblower).
  • Brian Crane v. Lithia Motors, Inc. et al. Following the district court’s dismissal of plaintiff’s Sarbanes-Oxley and Dodd Frank Act whistleblower retaliation claims, successfully achieved affirmance of the dismissal for Lithia before the Fifth Circuit Court of Appeals.
  • Lenker v. The Racquet Club, et al. Unanimous defense verdict in two-week jury trial in which plaintiff (former head tennis professional) asserted claims for breach of contract, breach of good faith and fair dealing, and defamation.
  • Campbell v. McMenamins, Inc. Successfully represented employer before the Oregon Court of Appeals, which upheld the trial court’s grant of summary judgment on plaintiff’s claims of wrongful discharge.
  • Opsahl v. Pacific Maritime Association, et al. Successfully obtained summary judgment on plaintiff’s claims of age and disability discrimination, and represented defendant before the Ninth Circuit, which affirmed the district court’s decision.

Successful Arbitrations – Confidential Parties

  • Following a week-long arbitration, secured a complete defense award for a multinational biomedical company in a case involving claims of age and gender discrimination by a former sales representative seeking a multimillion-dollar damages award.
  • Prevailed in discharge and contract disputes for a large health care system, including cases involving discharge of RN for violation of patient privacy and confidentiality policies, pay rate classifications, and RN scheduling.
  • Prevailed in a discharge arbitration for large hospital involving a long-term registered nurse who was discharged for patient abuse.
  • Arbitrator upheld the discharge of a paper mill employee who violated the company’s drug and alcohol policy.
  • Arbitrator found discharge of pharmacist working for community-based, nonprofit health organization was for just cause.
  • Paper mill’s discharge of a 30-year employee for insubordination and violation of mill rules upheld.
  • Successfully represented timberlands employer in contract dispute involving dispatching of log truck drivers where union was represented by its international office.
  • Employer’s decision not to promote employee with DUI history to a truck driver position upheld by arbitrator.
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Honors

Honors & Activities

Professional Honors and Activities

  • Included in The Best Lawyers in America® (Employment Law—Management, Litigation—Labor & Employment), 2013–2024
  • Selected as one of “America’s Leading Lawyers for Business” (Oregon) by Chambers USA (Labor & Employment), 2014–2023
  • Listed in Oregon Super Lawyers® (Employment Litigation: Defense), 2013–2023
  • Listed among Rising Stars (Employment Litigation), Oregon Super Lawyers®, 2009–2012
  • Member, Oregon State Bar
  • Past Chair, Vice-Chair, Secretary and Committee Member, Labor and Employment Executive Committee, Oregon State Bar
  • Member, Multnomah Bar Association
  • Past Chair, Vice-Chair, and Publications Liaison, Employment Practice Group and Current Member, Oregon Association of Defense Counsel
  • Member, Labor and Employment and Litigation Sections, American Bar Association
  • Member, Federal Bar Association

Civic Activities

  • Board of Directors, CASA for Children
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Insights & Presentations

Insights & Presentations

  • As Oregon suspends Covid-19 vaccination rule, here’s what health care employers need to know” (quoted), Portland Business Journal, May 2023
  • Will the end of CMS’ vaccine mandate ease workforce shortages? 2 experts weigh in” (quoted), Becker’s Hospital Review, May 2023
  • Employers Must Consider Whether Temporary Impairments Are Disabilities,” Portland Business Journal, June 2022
  • “Present and Future State of the Workplace,” SHRM/Stoel Rives 20th Annual Labor and Employment Law Conference, March 2022
  • “Oregon’s Health Care Vaccine Mandate,” Stoel Rives LLP webinar, September 2021
  • “Managing the Evolving Workplace: How the Pandemic Has Changed Employment,” SHRM/
    Stoel Rives 19th Annual Labor and Employment Law Conference, March 2021
  • “COVID Vaccines: Implications and Considerations for Employers,” Stoel Rives LLP webinar, January 2021
  • “Employee Handbooks: Best Practices,” Stoel Rives LLP webinar, September 2020
  • “Managing the COVID-Era Workplace Part 1: The ADA, Wage and Hour Laws, and Other Considerations” Stoel Rives LLP webinar, June 2020
  • “Diversity, Equity & Inclusion,” SHRM/Stoel Rives 18th Annual Labor and Employment Law Conference, February 2020
  • Modern Workforce Increasingly Challenges Employers to Offer Telework Option,” Portland Business Journal, March 2019
  • “Lessons from the #MeToo Movement,” SHRM/Stoel Rives 17th Annual Labor and Employment Law Conference, February 2019
  • “Minimizing Risk of Labor Grievances & Employment Litigation Through Best Management Practices,” OSU College of Forestry, April 2018
  • “Journey to a Better Workplace: Ending Workplace Harassment,” (private client training), March 2018
  • “Lightning Round: Stay Anchored With Top 10 Practical Tips,” SHRM/Stoel Rives 16th Annual Labor and Employment Law Conference, February 2018
  • “Navigating the Modern Workforce,” SHRM/Stoel Rives 16th Annual Labor and Employment Law Conference, February 2018
  • “Harassment and Discrimination in the Workplace: Taking a Closer Look,” (private client training), January 2018
  • “Reasonable Accommodation - Beyond the Basics,” Stoel Rives Breakfast Briefing Seminar, January 2018
  • “Navigating Reasonable Accommodation Law in the Modern Workplace,” NWEEO, November 2017
  • “Update on Employment Law,” (private client training), September 2017
  • “Minimizing Risk of Labor Grievances & Employment Litigation Through Best Management Practices,” OSU College of Forestry, April 2017
  • “Wage and Hour Update (Focus on New Oregon Paycheck Law and Check-in on DOL Exempt Status Rules),” SHRM/Stoel Rives 15th Annual Labor and Employment Law Conference, March 2017
  • “Advanced FMLA/ADA,” SHRM/Stoel Rives 15th Annual Labor and Employment Law Conference, March 2017
  • “Significant Wage and Hour Pitfalls,” SHRM/Stoel Rives 14th Annual Labor and Employment Law Conference, March 2016
  • “The ADA Interactive Process: Lessons Learned,” SHRM/Stoel Rives 14th Annual Labor and Employment Law Conference, March 2016
  • “Conducting Workplace Investigations of Employment Issues,” SHRM Rogue Valley Chapter May Legal Seminar, May 15, 2014
  • “Hot Topics: New Developments in Labor and Employment Law,” SHRM Rogue Valley Chapter May Legal Seminar, May 15, 2014
  • Tips for Employers on Weathering the Storm This Winter” (co-author), News & Views, the Portland Human Resource Management Association newsletter, March 2014
  • “Guest Opinion: Don’t Like Stoned Employees? Say No” (co-author), Portland Business Journal, August 2013
  • “The Smoke Clears: Zero-Tolerance Drug Policies Enforceable” (co-author), Portland Business Journal, July 2013
  • “Minimizing Risk of Labor Grievances & Employment Litigation Through Best Management Practices,” Forest Products Management Development, OSU College of Forestry, April 29, 2013
  • “Insiders’ Guide to Conducting Internal Investigation,” NWEEO, February 21, 2013
  • Moderator, “Dealing with Micro-Inequities in the Workplace,” 11th Annual Labor and Employment Law Conference, SHRM Oregon State Council, February 2013
  • “Back to School: Employment Law Hot Topics and Updates,” Breakfast Briefing Series, September 2012
  • “Minimizing Legal Risk When Disciplining or Discharging Employees,” Rogue Valley SHRM, May 2012
  • “Discipline & Discharge Meetings & Dealing with Situations Involving Aggressive or Difficult Employees,” SHRM Annual Labor and Employment Law Conference, March 8, 2012
  • “Training Managers to Avoid Cat’s Paw Liability,” September 2011
  • “Legal Compliance in the Workplace: What Every Employer Needs to Know About FMLA, OFLA & the ADA,” Xenium, June 2011
  • “Harassment & Discrimination in the Workplace: What Every Employer Needs to Know,” American Association of Orthopaedic Executives Webinar, May 2011
  • “NLRB’s Take on Terminating for Taboo Tweets,” Daily Journal of Commerce, May 2011
  • “Headache-Free Performance Management Documentation,” September 2010
  • “Minimizing Legal Risk and Protecting Company Trade Secrets When Ending the Employment Relationship,” Presented to Association of Corporate Counsel, May 2010
  • “Minimizing Legal Risk in Post-Recession Hiring Decisions,” Daily Journal of Commerce, May 2010
  • “Occupational Therapy Session: Proper Steps When Terminating an Employee,” presented by Pacific Printing & Imaging Association, September 2009
  • “Managing Off-Duty Conduct,” Oregon Association of Defense Counsel Annual Conference, June 2009
  • “Employment Law 101,” IPMA Conference, April 2009
  • “How to Respond to an EEOC Complaint,” Salem SHRM, January 2009
  • “Laws Affecting Employment Agencies,” October 2008
  • “Employer Regulation of Off-Duty Conduct,” September 2008
  • “Drugs and Alcohol in the Workplace: A Legal Perspective,” PHRMA Employee Relations Group, January 2008
  • “Legislative Update,” 2007
  • PPI Annual Conference, Sept. 2007
  • “FMLA Update,” Council on Education Management, August 2007
  • “Retaliation, Immigration Top Issues in Employment,” Portland Business Journal, December 2006
  • “Ninth Circuit Finds Employer Unlawfully ‘Interfered’ with the New Mother’s FMLA Baby Bonding Time,” HR Watch, Council on Education Management, December 2003
  • “Court Finds Employer Unlawfully ‘Interfered’ With the New Mother’s FMLA Baby Bonding Time,” Daily Journal of Commerce, November 2003
  • “Recent Decisions” (co-author), OADC, Spring 2002
  • Case Note, “Claim Sounding Only in Tort Does Not Constitute an Action ‘Upon Any Policy of Insurance’ Entitling Plaintiff to Attorney Fees Under ORS 742.061,” OADC, Winter 2002



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