Practice and Industry Groups

Dan Webb Howard

Of Counsel Portland

Licensed in California, Oregon, and Washington, Dan is committed to helping employers navigate the complex laws that govern the employment relationship, and to zealously advocating on their behalf when they are sued despite their best efforts to comply. As counsel for businesses and organizations, Dan offers the following services:

  • Representing clients who have been sued by current or former employees.
  • Assisting clients to structure their relationships with contractors in a manner that complies with state and federal rules regarding independent contractor classification.
  • Appealing tax assessments resulting from a state or federal agency's "reclassification"​of a client's contractors as its employees.
  • Advising employers on how to comply with state and federal wage and hour laws.
  • Assistance with the job accommodation process under the ADA.
  • Ensuring proper administration of the various family and medical leave laws.
  • Advising on best practices for maintaining “trade secret” status for confidential information.

Dan has a particular interest in assisting businesses and organizations facing potential liabilities for allegedly “misclassifying” certain workers as independent contractors or as exempt from overtime pay.

 Dan is also fluent in Spanish.


Experience

  • Represented an elder-care facility in a putative class action filed in California state court, alleging that the facility had misclassified 137 of its employees as overtime-exempt, and owed substantial back wages and penalties.  Obtained denial of class certification, facilitating settlement with a single plaintiff.
  • Obtained summary judgment for a hospital sued for racial and ethnic discrimination in California federal court, persuading the court that the plaintiff lacked sufficient evidence to proceed to trial on her claims.
  • Successfully appealed a decision from the Oregon Department of Energy (DOE) that denied a client approximately $444,000 in Business Energy Tax Credits for which it had applied.  Obtained reversal in the Oregon Court of Appeals of a trial court judgment upholding the DOE’s decision.
  • Co-authored the opening brief on an appeal before the California Court of Appeal (1st District), which resulted in reversal and remand of a $1.8 judgment based on the plaintiff’s claims of retaliatory termination.

Professional Activities and Speeches

Professional Activities:

  • Member of the Amicus Committee of the American Immigration Lawyers Association (AILA), May 2014 – Present.

Speeches:

  • Sterling Education Services, Inc. – Employment Law: Beyond the Basics - ''FLSA/Wage & Hour Crackdown'' - Eugene - December 04, 2015
  • Employment Law Presentation Series: Course 1 – Eugene Area Chamber of Commerce - ''Legal Marijuana, Social Media, and Paid Sick Leave: Have Your Employment Policies Kept Up with Rapid Changes in Federal, State, and Local Law'' - Eugene - February 25, 2015
  • Oregon Law Institute – 2014 Annual Employment Law Update - ''Correctly Using Independent Contractors in Oregon—2014 Case Law Update'' - Portland - May 30, 2014

Media

Published Works

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