Brenda K. Baumgart

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.

Education

Willamette University College of Law, J.D.; Dean's List; Moot Court Board; Associate Editor, Willamette Law Review; Winner, Labor and Employment Law Moot Court Appellate Competition

Willamette University, B.A., Political Science and Sociology

Admissions

Oregon

Supreme Court of the United States

United States District Court for the District of Oregon

United States Court of Appeals for the Ninth Circuit

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Eighth Circuit

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.

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

News

Speaking Engagements

Publications

Press Releases

• 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

Professional

• Oregon State Bar, Member
• Labor and Employment Executive Committee, Oregon State Bar, Past Chair, Vice-Chair, Secretary and Committee Member
• Multnomah Bar Association, Member
• Vice-Chair, and Publications Liaison, Employment Practice Group and Current Member, Oregon Association of Defense Counsel, Past Chair
• Labor and Employment and Litigation Sections, American Bar Association, Member
• Federal Bar Association, Member

Civic

• CASA for Children, Board of Directors