log in
Print | Back

Schwabe, Williamson & Wyatt

Amanda T. Gamblin

Amanda T. Gamblin

Shareholder

Schwabe, Williamson & Wyatt
Oregon, U.S.A.

tel: 503-796-2903
Send an Email

Local Time: Wed. 05:57

Profile

Employment Group co-leader Amanda Gamblin offers practical advice for the unique employment issues that arise in the construction and maritime industries. Her advice integrates complex and often contradictory legal requirements with the business realities facing a workforce that may be deployed for extended periods and seasonal or transitory, and where safety is of primary concern. On those occasions when the employment relationship breaks down, Amanda represents employers in litigation, arbitration and mediation.

Increasing the value of your company

Amanda helps businesses increase their value with strategies that incentivize productivity while protecting the company’s intellectual property and business operations. These strategies improve the company’s current performance while facilitating its future transition to a buyer or the next generation of employees. If an employee bound by a noncompete or similar promise moves to another employer, Amanda will ensure through her advice and counsel that the transition occurs without harm to any party.  But if the employee walks out the door with the company’s secrets (or is falsely accused of such a breach), Amanda will vigorously protect her client’s rights in court.  

Business solutions to class action litigation

Amanda has litigated large, complex class actions including wage and hour, race discrimination and Title III Americans with Disabilities Act (ADA) disability cases in the construction and transportation industries. She is known for creative strategies that lead to business-oriented solutions.

Hard-fought insight from experience

Amanda counsels employers of all size through the full scope of issues related to organized labor, including union organizing activities, representation elections, arbitrations and lawsuits.

Preventing discrimination and retaliation

Taking a proactive approach to employment problems, Amanda trains executives, managers and directors to understand their legal obligations, recognize high-risk situations and balance the needs of the business with the rights of employees.

Bar Admissions

  • Oregon State Courts
  • United States District Court, District of Oregon
  • Washington State Courts

Education

  • Northwestern School of Law, Lewis & Clark College, Juris Doctor degree (2001)
  • Ohio University, Bachelor of Arts degree (1992)
Areas of Practice
Professional Career

Significant Accomplishments

Employment Experience

  • Won a defense verdict for a maritime employer in an ADA discrimination claim that was appealed to (and affirmed by) the Washington Supreme Court.
  • Defeated a motion for a temporary restraining order against a large technology client that had hired an employee with a noncompete agreement with his former employer. The court recognized the potential unenforceability of the noncompete agreement and denied the former employer’s TRO.
  • Represented a contractor in a $4.5 million wrongful death action where the plaintiff claimed that the employer was not subject to the workers’ compensation exclusive remedy. Our creative strategy caused the plaintiff to reduce his settlement offer by 75% after the summary judgment hearing; ultimately, our client paid nothing.
  • Obtained a permanent injunction against a former employee who attempted to compete in clear violation of a noncompete agreement.
  • Prepared a manufacturing company for an asset sale by implementing restrictive covenants, arbitration agreements and bonus retention agreements, and by cleaning up employee and benefit plans and policies. As a result, the company’s value substantially increased before it went on the market.

Labor Experience

  • Served on the lead legal team for a multi-national transportation company in a contentious and highly publicized labor dispute at the Port of Portland with the International Longshore and Warehouse Union.
  • Represent a Sheriff's office as plaintiff seeking injunctive relief for an unlawful strike. Seven deputies requested an indefinite paid leave of absence, thereby leaving on a handful of deputies to protect the County. We filed an injunction to enjoin the strike on behalf of our client. Just two business days before the hearing, the defendants voluntarily sent the deputies back to work.
  • Defeated dozens of unfair labor practice charges filed by a union during its campaign for representation, resulting in the union giving up its efforts to unionize the employer before the election.
  • Worked on the team that helped resoundingly defeat the Teamsters union in an election campaign for a large warehouse employer.
  • An air quality testing firm was targeted by the steelworkers’ union, which filed simultaneous unfair labor practice charges and persuaded employees to sue for unpaid prevailing wages and retaliation. The union’s stated goal was to run our client out of business if it refused to capitulate to their demands. We defeated the union efforts and prevailed on all claims. Client continues to be a thriving non-union shop today.
  • A vending retailer was targeted by the Association of Western Pulp and Paper Workers Union. The union then filed unfair labor practice charges and persuaded employees to file a class action lawsuit and two separate individual cases claiming retaliation. We not only won the union election, but we also defeated all court claims. The last unfair labor charge was settled this year.

Recent Labor Negotiations & Advice

  • Manufacturing and Retail: Aviation companies, regional tire retailer.
  • Ports, Maritime, and Transportation: Pacific Northwest tugs, barges, stevedores, ports; national shipping and logistic company.
  • Other Industries: Including heavy industrial contractors and county governments.

Articles

  • Oregon’s Pay Equity Law Must Allow Employers to Pay Different Rates Where Specified by a Government Contract: Part 6 of 6
  • Oregon’s Pay Equity Law Should Allow Employers to Pay a Travel Incentive: Part 5 of 6
  • Oregon’s Equal Pay Law Should Allow Employers to Accommodate Injured Workers: Part 4 of 6
  • Oregon’s Equal Pay Law Encourages Systemic Discrimination: Part 3 of 6
  • Oregon’s Pay Equity Law Encourages Invasions of Privacy: Part 2 of 6
  • Oregon Legislature Should Fix BOLI’s Unfair Pay Equity Rules: Part 1 of 6
  • Viewpoint: 4 Ways Lawmakers Can 'Fix' Oregon's Pay Equity Law
  • OP-ED: How to Construct a Bill That Ensures Workers Get Paid
  • New Harassment and Discrimination Policy Requirement for Public Contractors
  • OP-ED: The Oregon Legislature's impact on construction employers
  • In the Field: Key Takeaways from the Bend Agricultural Event
  • Pacific ADR Consulting: Interview with Amanda Gamblin
  • ?6 Things All Oregon Employers Need to Know as Legal ?Marijuana Sales Take Hold
  • Marijuana Use and Work Still Don't Mix
  • New Pot Law Will Not Change Drug Testing
  • Schwabe in the Field: Oregon's New "Ban the Box" Law Has Implications for Agriculture
  • Top Five Things Employers Should Know about the New Recreational Marijuana Law
  • Protecting Business Value by Investing in Employees' Futures

Seminar

  • Oregon's Equal Pay Act Seminar
  • The MeToo Movement and Moment: Engaging with the Culture Shift
  • ABC Legal Conference: Workplace Harassment, Paid Leave and Other State Employment Law Developments Impacting the Construction Industry
  • Key Employment Law Developments in Oregon and Washington: What Employers Need to Know
  • Safety & Employee Symposium
  • The Impact of New Legislation: What HR Executives Need to Know
  • Oregon Agricultural Seminar 2016
  • Prevailing Wage: Compliance, Contracts, and Cost Saving Educational Seminar

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2019