Patrick Madden, a member of the firm’s Labor & Employment group, has dedicated over 30 years to advising employers on wage and hour and other employment issues, as well as successfully defending them in wage and hour class actions, agency investigations, and other employment lawsuits. Patrick has worked on hundreds of class actions involving putative classes ranging from dozens to hundreds of thousands of employees, and potential damages ranging from hundreds of thousands to over a billion dollars. These cases have addressed wage calculation and payment, compensation design, entitlement to overtime and benefits, off-the-clock claims, rest and meal period claims, challenges to exempt status, claims of employee status by independent contractors and gig economy workers, as well as issues related to unfair business practices, discrimination, and retaliation. In addition to conducting client training programs, Patrick has delivered hundreds of presentations on wage and hour, employment, and class action topics.
Experience
- A regional healthcare client in obtaining an order compelling individual arbitration based on a third-party beneficiary concept. The order effectively extinguished overtime claims asserted on behalf of a nationwide FLSA collective and statewide class.*
- A U.S.-based technology (SAS) company in a successful arbitration against claims brought by an executive for the value of additional restricted stock units as part of his separation agreement. Obtained an award requiring the plaintiff to pay all attorney fees and costs incurred by our client.*
- Various technology, healthcare, and other clients in class actions for statutory penalties under Washington’s Equal Pay and Opportunity Act, Non-Compete Act, and Silenced No More Act. Subsequently obtained an order denying a plaintiff’s efforts to remand one such case to state court.*
- Leading U.S.-based online shopping company for consumer and small business travel in a nationwide FLSA collective action and several state-wide class actions involving claims for unpaid wages and unreimbursed employee expenses.*
- International call center operator in parallel FLSA collective and state-wide class actions. Secured summary judgment and dismissal of nationwide FLSA claims, which was affirmed by the Ninth Circuit. Following the court’s dismissal of over 900 class members and all claims for willfulness and double damages, the state action is being resolved.*
- A government agency in defense against contract, statutory, and equitable class action claims for wages and penalties in relation to the time thousands of its employees spent commuting between their jobs and their homes in government-owned vehicles.*
- Global provider of equipment, systems, and digital solutions in defense against class claims for statutory and contractual prevailing wages and California wage code violations. Obtained an order granting summary judgment and dismissing class claims. The California Supreme Court adopted our position on prevailing wage coverage, and the matter was affirmed by the Ninth Circuit.*
- Nationwide financial institution against California class actions asserting violations of rest and meal break, minimum wage and overtime, wage statement, termination pay, and other state-law requirements on behalf of mortgage loan officers. Defeated challenges by objectors to a favorable settlement.*
- Regional health care provider against state-law class actions in Washington and California involving claims for violation of rest and meal break, minimum wage and overtime, wage statement, termination pay, and other state-law requirements.*
- Construction and construction-related companies against claims for off-the-clock work and time spent commuting in company vehicles.*
*Reflects experience at previous employer.
Perspectives
Recognition
Credentials
Education
- J.D., University of Washington Law School, 1991, with highest honors, Order of the Coif
- B.F.A., Pacific Lutheran University, 1983, magna cum laude
Admissions
- Washington
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court, Eastern District of Washington
- U.S. District Court, Western District of Washington
- U.S. District Court, Northern District of Illinois
Clerkships
- U.S. Court of Appeals for the Third Circuit, The Honorable Joseph F. Weis, Jr. (1991-1993)
Activities
- Member, Employment Law Committee for the Association of Washington Business