Nancy Cooper practices in the area of labor and employment. She currently serves as chair of the firm's Labor and Employment Group. A former business owner, Ms. Cooper brings that experience and insight to the unique employment issues faced by companies and uses a practical approach to dealing with those issues. She provides employers with labor and employment counsel, including crafting and negotiating executive compensation packages, contracts, noncompetition and confidentiality agreements, and guidance on dealing with personnel management issues. Her experience includes representing both public and private sector companies, as well as employers in the healthcare industry.
Ms. Cooper also provides advice and training on issues such as wage and hour, discrimination, discipline, investigations and harassment complaints, as well as labor negotiations, strikes, labor arbitrations, negotiation and interpretation of collective bargaining agreements, and other union issues. She works closely with employers to establish good preventive practices and minimize the potential for litigation. She is a frequent lecturer and author, including serving as a columnist for Inc.com.
Experience
Discrimination ComplaintA large continuing care retirement community received a complaint alleging discrimination based on disability. Early case assessment was able to settle the matter for minimal liability.
Discrimination ComplaintA large continuing care retirement community received a complaint alleging discrimination based on disability and whistleblower allegations. Early case assessment was able to settle the matter for minimal liability.
Discrimination ComplaintA medium-sized medical practice faced allegations of disability discrimination. An administrative complaint had been filed. The case was dismissed for lack of evidence following the filing of a response on behalf of the employer.
Independent Contractor AuditA company which employed multiple independent contractors was subjected to a multiyear audit by the state of Oregon. The state alleged the contractors were misclassified and should have been classified as independent contractors. The audit resulted in a finding of only $900 liability against the employer. The potential liability was well into six figures.
Independent Contractor AuditAn emerging market courier company was audited by the State of Washington. The allegation was that the contractors should have been classified as employees. The company prevailed on the classification.
TrainingRegular management and staff training conducted for a large medical imaging company to minimize liability and exposure in employment practices.
Union Vulnerability AssessmentA staging production company was facing a union organizing campaign. With counseling and training, they were able to defeat the union's efforts to gain sufficient interest through signature cards.
Union Vulnerability AssessmentA large regional food services company was aware of an interest of the employees in forming a union. An assessment of the employment practices was conducted and procedures were implemented to reduce the vulnerability of the company. The employees did not pursue their interest in forming a union.
Professional Activities
- Member, American Bar Association, Labor & Employment Section, 1995-present
- Member, Oregon Women Lawyers, 1995-present
- Member, Gus J. Solomon Inn of Court, 1996-2004
- Co-Grader, Board of Bar Examiners, Oregon State Bar, Summer 2006
- Arbitrator, Fee Arbitration Program, Oregon State Bar, 1998-present
- Member and Chair, Task Force on Disciplinary Rules, Oregon State Bar, 2001-2005; Chair, Ethics Committee, 2001; Member, Ethics Committee, 1998-2001
- Member, Progress Board, City of Gresham, 2001-2003
- Member, Professionalism Committee, Multnomah Bar Association, 2000-2003
Publications
- "Does Your Social Media "Chill" Protected Speech?," Garvey Schubert Barer Legal Update, February 14, 2011.
- "Update: Health Care Reform," Garvey Schubert Barer Legal Update, February 4, 2010.
- "Money for Nothing and Interns for Free? ," Radio & Television Business Report, July 1, 2010.
- "New Federal Law: Unpaid Breaks and Private Locations Required for Nursing Mothers," Garvey Schubert Barer Legal Update, April 14, 2010.
- "Equal Employment Opportunity Commission Provides H1N1 Guidance," Garvey Schubert Barer Legal Update, November 10, 2009.
- "Equal Employment Opportunity Posters: Are Yours Up to Date?," Garvey Schubert Barer Legal Update, November 10, 2009.
- "Expansion of FMLA Leave for Military Families," Garvey Schubert Barer Legal Update, November 10, 2009.
- "Genetic Information Nondiscrimination Act Takes Effect," Garvey Schubert Barer Legal Update, November 10, 2009.
- "Human Resources Column," Inc.com, 2006-2008.
- "Department of Labor Issues New Proposed Regulations Interpreting FMLA," Garvey Schubert Barer Legal Update, February 11, 2008.
- "FMLA Changes Signed into Law," Garvey Schubert Barer Legal Update, January 30, 2008.
- "Highlights of Legislative Changes Taking Effect January 1, 2008," Garvey Schubert Barer Legal Update, July 26, 2007.
- "Four Hot Topics for Government Lawyers," Oregon State Bar, 2002.





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