Alexander A. Wheatley

Partner

Portland, OR Seattle

503.205.8054

503.242.4263

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Overview

Alex Wheatley is a partner in Fisher Phillipsʼ Portland and Seattle offices and co-chair of the firm’s Public Sector Practice Group. Alexʼs practice focuses on employment litigation, labor management relations, and counseling employers on Oregon and Washington employment and labor issues. He has substantial experience working with employers of all sizes in creating and implementing policies and practices, providing counsel with respect to discipline and termination decisions, and defending employers in court and before administrative agencies such as the NLRB, EEOC, and BOLI. Alex represents employers with labor issues arising under the National Labor Relations Act, including organizing campaigns, labor negotiations, labor arbitrations, and collective bargaining. Alex provides counsel and training to executives and managers on compliance with leave, disability, wage and hour, equal pay, and anti-discrimination and retaliation laws.

Alex also has substantial experience conducting workplace investigations into employee complaints of discrimination and other alleged misconduct.

Obtained Permanent Injunction on Cannabis Labor Peace Measure: Alex was part of a team that obtained a permanent injunction and declaratory relief against the State of Oregon to enforce Ballot Measure 119. It was a case of first impression on the merits of National Labor Relations Act preemption and Constitutional First Amendment speech protections related to labor peace agreement requirements.
Litigated Numerous Cases to Positive Resolution: Alex has tried several cases to both juries and the court in federal court, Washington state court, and Oregon state courts. Alex has also represented many clients in arbitration. Alex has also assisted dozens of clients avoid trial by reaching a positive resolution through negotiation and mediation.
Prevailed on Pre-Trial Motions: Alex has prevailed on numerous motions to dismiss claims and entire suits in both state and federal court, disposing of lawsuits outright or substantially reducing their scope and value. Alex has also obtained summary judgment leading to complete dismissal of plaintiffs’ claims, avoiding the cost of trial.
Drafted Appellate Briefs: Alex has drafted numerous appellate briefs to both the Oregon state courts of appeal and the 9th Circuit. Alex has also drafted several Amicus briefs on behalf of the Oregon Justice Resource Center.
Assisted Clients Through Wage Audits and Agency Investigations: Alex has represented and guided clients through Department of Labor payroll audits and investigations by the Equal Opportunity Employment Commission and Oregon Bureau of Labor and Industries. Alex has a strong record of obtaining dismissals of EEOC and BOLI charges on behalf of clients.
Defended Clients in Class Action Wage and Hour Litigation: Alex has represented several multi-national corporations in a wage and hour class actions.
Counseled Businesses: Alex has provided compliance advice to clients of all different sizes and types on all different types of employment related topics – from emerging businesses with only a few employees, to very large corporations with hundreds or thousands of employees, and from the basics of how to hire the best talent to complex issues of wage and hour law. Alex is experienced in drafting employment policies, handbooks, and compensation agreements.
Conducted Investigations: Alex has assisted many clients with workplace investigations. Alex has both conducted workplace investigations into allegations of sexual harassment, pay equity issues, threats of violence, and other allegations or complaints of wrongdoing or mismanagement.