Helen M.McFarland
Partner
Labor & Employment
hmcfarland@seyfarth.com
More About Helen
Helen represents employers in Washington, Oregon, and California in all types of employment claims including the defense of wrongful termination, discrimination, retaliation, harassment, unfair competition, independent contractor misclassification, and wage and hour claims. She has nearly 20 years of experience litigating in state and federal courts, in arbitration, and before administrative agencies including the Washington Department of Labor and Industries, California Labor Commissioner, the Unemployment Insurance Appeals Board, the Department of Fair Employment and Housing, and the United States Equal Employment Opportunity Commission.
In addition, Helen advises clients on the entire gamut of employment issues, including hiring and firing employees, avoiding harassment and discrimination claims, responding to leave requests, accommodating disabilities or claimed disabilities, performing wage and hour audits, handling grievances and investigations, and drafting employee handbooks, agreements, and other employment policies. Helen also trains supervisors and other human resources professionals in best practices.
Helen also serves as an independent investigator to handle workplace complaints for private and public entities, including allegations against executive-level leaders. She efficiently and thoroughly investigates complaints and claims of misconduct to evaluate for compliance with company policies.
In addition, Helen advises clients on the entire gamut of employment issues, including hiring and firing employees, avoiding harassment and discrimination claims, responding to leave requests, accommodating disabilities or claimed disabilities, performing wage and hour audits, handling grievances and investigations, and drafting employee handbooks, agreements, and other employment policies. Helen also trains supervisors and other human resources professionals in best practices.
Helen also serves as an independent investigator to handle workplace complaints for private and public entities, including allegations against executive-level leaders. She efficiently and thoroughly investigates complaints and claims of misconduct to evaluate for compliance with company policies.
- JD, Lewis & Clark Law School
- BA, Vassar College
- California
- Oregon
- Washington
- US Court of Appeals, Ninth Circuit
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, District of Oregon
- US District Court, Eastern District of Washington
- US District Court, Western District of Washington
Related Services
- Won summary Judgment, and successfully defended the result before the U.S. Circuit Court of Appeals for the Ninth Circuit, on behalf of a major hospitality industry client in an employment action that was barred by a prior settlement agreement between the plaintiff and the client's parent company. This award included attorney's fees and costs to the client, which were also affirmed on appeal.
- Defense verdict in multimillion dollar partnership dispute in Marin County Superior Court.
- Successfully defended multi-national corporation in putative wage and hour class action in which, after extensive discovery, the representative plaintiffs' counsel voluntarily dismissed the class allegations.
- Negotiated dismissal of FEHA discrimination and wrongful termination case against large corporation and four individual defendants for a waiver of costs following plaintiff's deposition in Orange County.
- Summary adjudication on 17 of 19 causes of action in an employment discrimination case alleging FEHA age and marital status discrimination and retaliation, wrongful termination, and numerous other statutory and tort employment claims.
- Summary Judgment on FEHA disability discrimination and failure to accommodate claims brought by former employee against Silicon Valley start-up and its CFO. Received an award of all costs as prevailing party.
- Complete defense verdict after three years of litigation and a five day arbitration in which the plaintiff sought over $1.3 million plus attorneys' fees, for an alleged breach of contract and other statutory and tort causes of action. Received an award of all attorneys' fees and costs incurred.
Related News & Insights
-
Attorney Publication
10/31/2023
Helen McFarland Writes on Washington's Wage Disclosure Litigation and Equal Pay Act in HR.com
-
Media Mentions
10/23/2023
Helen McFarland Discusses Washington State’s Pay Range Law Affecting Employers in Law360 Employment Authority
-
Recognition
08/17/2023
210 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2024
-
Webinar Recording
May 3, 2023
Webinar Recording: 2023 Washington State Legislative Update: What Employers Need to Know
- Listed in Best Lawyers in America (Woodward/White Inc.) for Litigation - Labor and Employment (2024)
- MAMA Seattle, board of directors, 2022-present
- Pacific Coast Labor and Employment Law Conference Planning Committee (Co-Chair EEO 2019-2020; conference planning committee, 2017-present)
- King County Bar Association - Labor and Employment Section, 2016-present
- National Employment Law Counsel, member
- Seattle University School of Law, adjunct professor, 2022
- Author, "Challenging Boundaries: Washington's Wage Disclosure Litigation And Equal Pay Act," HR.com (October 31, 2023)
- Co-Author, "Washington’s New Pay Transparency Law: The Department of Labor and Industries’ Administrative Policy Is Here," Legal Update, Seyfarth Shaw LLP (December 6, 2022)
- Co-Author, "Washington State Issues New Administrative Policy Providing Guidance on Employment Relationships under the Minimum Wage Act," Legal Update, Seyfarth Shaw LLP (July 26, 2021)
- Co-Author, "Washington’s Increased Minimum Wage Will Bump Washington’s Salary Threshold for Exempt Employees Above Federal Requirements on January 1, 2021," Legal Update, Seyfarth Shaw LLP (November 10, 2020)
- Co-Author, "Mandatory Arbitration Provision Struck Down by the Washington Supreme Court," Legal Update, Seyfarth Shaw LLP (September 8, 2020)
- Co-Author, "First Employer Cited For Violating Washington’s Safe Start Order," Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (July 8, 2020)
- Co-Author, "WA DOSH Issues Emergency COVID-19 Safety Rule Mandating Compliance with Emergency Proclamation and Safe Start Reopening Guidance," Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (May 28, 2020)
- Co-Author, "Washington State Mandates Protections for High-Risk Employees," SHRM (April 23, 2020)
- Co-Author, "Washington State Mandates Protections for 'High-Risk' Employees Including Continuation of Employer-Related Health Insurance Benefits," Legal Update, Seyfarth Shaw LLP (April 14, 2020)
- Co-Author, "Washington Governor Issues Two-Week 'Stay Home' Order," Legal Update, Seyfarth Shaw LLP (March 25, 2020)
- California is Cleaning Up (September 18, 2018)
- Puget Sound Chapter Meet Up Employment Law Update (January 9, 2018)
- Are you Ready for Washington’s Paid Sick and Safe Leave Law? (December 28, 2017)
- California Bans Salary History Inquiries (October 2017)
- Flexible Work Arrangements in California – SHRM Publication
- San Francisco Ordinance Requires Six Weeks of Fully Paid parental Leave (April 2016)
- 2013 in Review and A Look Ahead to 2014, Labor and Employment Law Update (December 2013)
- 2011 in Review and 2012 in Preview, Labor and Employment Update (January 2012)
- Toxic Clients: How to Identify and Manage Difficult Client Relationships, ABA Newsletter: Professionals’ Officers’ and Directors’ Liability Committee (Summer 2009)
- Payment and Performance Bonds, Oregon Construction Law CLE Chapter 10 (Fall 2003)
- "Chopping Down the Birds: Loggers and the Migratory Bird Treaty Act," 31 Envtl.L.Rev 1 – Selected on merit by the previous years’ board (Winter 2001)
- Co-Presenter, "Employment Law," Nonprofit Law Institute (November 6, 2023)
- Presenter, “What Does 2024 Have in Store for Labor & Employment Laws?” FinComp 2023 Conference (September 19, 2023)
- Co-Presenter, “Ensuring Equity in Remote Work,” ABA Section of Real Property, Trusts & Estates Annual National CLE Conference (May 12, 2023)
- Presenter, "Critical Developments in Washington and Oregon Employment Law," Washington Bankers Association 2022 Education/Human Resources Conference (May 18, 2022)
- Moderator, "DEI - A Legal Framework & Practical Steps," Pacific Coast Labor & Employment Law Conference (May 12, 2022)
- Co-Presenter, "Employee Discipline and Termination," National Business Institute’s Employment Law 2022 Seminar (May 11, 2022)
- Co-Presenter, "Hiring/Recruiting," National Business Institute’s Employment Law 2022 Seminar (May 11, 2022)
- Co-Presenter, "Washington Labor & Employment Legislative Update: What Employers Need to Know," Webinar, Seyfarth Shaw LLP (March 17, 2022)
- Co-Presenter, "Washington State Long-Term Care Act: What Employers Need to Know," Webinar, Seyfarth Shaw LLP (June 7, 2021)
- Moderator, "Racial & Social Justice: A Conversation with the Washington Supreme Court," Panel, 2021 Pacific Coast Labor & Employment Law Conference (May 7, 2021)
- Speaker, "Awareness into Action: Inspiring Change," Virtual Summit, The Women in Legal & Corporate Leadership (October 7, 2020)
- Co-Presenter, "Return to Business: What the Western States Pact Means for Reopening Business Out West," Webinar, Seyfarth Shaw LLP (May 19, 2020)
- "Fostering Diversity and a Culture of Inclusion within Legal Leadership," The Women, Diversity & Change Summit: Seattle (November 14, 2019)
- "2018 Washington and Oregon Employment Law Update," The 2018 Seattle Insurance Litigation Seminar (September 19, 2018)
- "Intersectional Discrimination: More than the Sum of its Parts," Pacific Coast Labor And Employment Law Conference (April 26, 2018)
- "Will Artificial Intelligence Replace the Need for Human Workers? How Employees Can Embrace AI to Augment Their Careers," Moderator, American Bar Association National Symposium on Technology in Labor and Employment (April 11, 2018)
- "Seattle, Washington State, and Federal Updates," Puget Sound Chapter Meet-Up Employment Law Update (January 9, 2018)
- "Conducting Internal Investigations: Strategic Step-by-Step Guide for 2018," Webinar, The Knowledge Group (December 11, 2017)
- "2017 Washington and Oregon Employment Law Update," 2017 Seattle Insurance Litigation Seminar (September 29, 2017)
- "Existing Pay Equity Laws and Pending Federal Legislative Initiatives," Webinar, The Future of Pay Equity: What It Means For You (May 16, 2017)
- "How to Conduct Effective Internal Investigations: Your Thorough Guide in 2017," Webinar, The Knowledge Group (May 4, 2017)
- "A Primer on Employment Arbitration in Aviation," King County Bar Association Aviation Law Section’s 43rd Annual Pacific Northwest Aviation Law and Insurance Conference (October 7, 2016)
- "Recruiting and Hiring Compliance Essentials for California HR Professionals," 10th Annual California Employment Law Update (September 30, 2015)
More About Helen
Helen represents employers in Washington, Oregon, and California in all types of employment claims including the defense of wrongful termination, discrimination, retaliation, harassment, unfair competition, independent contractor misclassification, and wage and hour claims. She has nearly 20 years of experience litigating in state and federal courts, in arbitration, and before administrative agencies including the Washington Department of Labor and Industries, California Labor Commissioner, the Unemployment Insurance Appeals Board, the Department of Fair Employment and Housing, and the United States Equal Employment Opportunity Commission.
In addition, Helen advises clients on the entire gamut of employment issues, including hiring and firing employees, avoiding harassment and discrimination claims, responding to leave requests, accommodating disabilities or claimed disabilities, performing wage and hour audits, handling grievances and investigations, and drafting employee handbooks, agreements, and other employment policies. Helen also trains supervisors and other human resources professionals in best practices.
Helen also serves as an independent investigator to handle workplace complaints for private and public entities, including allegations against executive-level leaders. She efficiently and thoroughly investigates complaints and claims of misconduct to evaluate for compliance with company policies.
In addition, Helen advises clients on the entire gamut of employment issues, including hiring and firing employees, avoiding harassment and discrimination claims, responding to leave requests, accommodating disabilities or claimed disabilities, performing wage and hour audits, handling grievances and investigations, and drafting employee handbooks, agreements, and other employment policies. Helen also trains supervisors and other human resources professionals in best practices.
Helen also serves as an independent investigator to handle workplace complaints for private and public entities, including allegations against executive-level leaders. She efficiently and thoroughly investigates complaints and claims of misconduct to evaluate for compliance with company policies.
- JD, Lewis & Clark Law School
- BA, Vassar College
- California
- Oregon
- Washington
- US Court of Appeals, Ninth Circuit
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, District of Oregon
- US District Court, Eastern District of Washington
- US District Court, Western District of Washington
Related Services
- Won summary Judgment, and successfully defended the result before the U.S. Circuit Court of Appeals for the Ninth Circuit, on behalf of a major hospitality industry client in an employment action that was barred by a prior settlement agreement between the plaintiff and the client's parent company. This award included attorney's fees and costs to the client, which were also affirmed on appeal.
- Defense verdict in multimillion dollar partnership dispute in Marin County Superior Court.
- Successfully defended multi-national corporation in putative wage and hour class action in which, after extensive discovery, the representative plaintiffs' counsel voluntarily dismissed the class allegations.
- Negotiated dismissal of FEHA discrimination and wrongful termination case against large corporation and four individual defendants for a waiver of costs following plaintiff's deposition in Orange County.
- Summary adjudication on 17 of 19 causes of action in an employment discrimination case alleging FEHA age and marital status discrimination and retaliation, wrongful termination, and numerous other statutory and tort employment claims.
- Summary Judgment on FEHA disability discrimination and failure to accommodate claims brought by former employee against Silicon Valley start-up and its CFO. Received an award of all costs as prevailing party.
- Complete defense verdict after three years of litigation and a five day arbitration in which the plaintiff sought over $1.3 million plus attorneys' fees, for an alleged breach of contract and other statutory and tort causes of action. Received an award of all attorneys' fees and costs incurred.
Related News & Insights
-
Attorney Publication
10/31/2023
Helen McFarland Writes on Washington's Wage Disclosure Litigation and Equal Pay Act in HR.com
-
Media Mentions
10/23/2023
Helen McFarland Discusses Washington State’s Pay Range Law Affecting Employers in Law360 Employment Authority
-
Recognition
08/17/2023
210 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2024
-
Webinar Recording
May 3, 2023
Webinar Recording: 2023 Washington State Legislative Update: What Employers Need to Know
- Listed in Best Lawyers in America (Woodward/White Inc.) for Litigation - Labor and Employment (2024)
- MAMA Seattle, board of directors, 2022-present
- Pacific Coast Labor and Employment Law Conference Planning Committee (Co-Chair EEO 2019-2020; conference planning committee, 2017-present)
- King County Bar Association - Labor and Employment Section, 2016-present
- National Employment Law Counsel, member
- Seattle University School of Law, adjunct professor, 2022
- Author, "Challenging Boundaries: Washington's Wage Disclosure Litigation And Equal Pay Act," HR.com (October 31, 2023)
- Co-Author, "Washington’s New Pay Transparency Law: The Department of Labor and Industries’ Administrative Policy Is Here," Legal Update, Seyfarth Shaw LLP (December 6, 2022)
- Co-Author, "Washington State Issues New Administrative Policy Providing Guidance on Employment Relationships under the Minimum Wage Act," Legal Update, Seyfarth Shaw LLP (July 26, 2021)
- Co-Author, "Washington’s Increased Minimum Wage Will Bump Washington’s Salary Threshold for Exempt Employees Above Federal Requirements on January 1, 2021," Legal Update, Seyfarth Shaw LLP (November 10, 2020)
- Co-Author, "Mandatory Arbitration Provision Struck Down by the Washington Supreme Court," Legal Update, Seyfarth Shaw LLP (September 8, 2020)
- Co-Author, "First Employer Cited For Violating Washington’s Safe Start Order," Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (July 8, 2020)
- Co-Author, "WA DOSH Issues Emergency COVID-19 Safety Rule Mandating Compliance with Emergency Proclamation and Safe Start Reopening Guidance," Workplace Safety and Environmental Law Alert Blog, Seyfarth Shaw LLP (May 28, 2020)
- Co-Author, "Washington State Mandates Protections for High-Risk Employees," SHRM (April 23, 2020)
- Co-Author, "Washington State Mandates Protections for 'High-Risk' Employees Including Continuation of Employer-Related Health Insurance Benefits," Legal Update, Seyfarth Shaw LLP (April 14, 2020)
- Co-Author, "Washington Governor Issues Two-Week 'Stay Home' Order," Legal Update, Seyfarth Shaw LLP (March 25, 2020)
- California is Cleaning Up (September 18, 2018)
- Puget Sound Chapter Meet Up Employment Law Update (January 9, 2018)
- Are you Ready for Washington’s Paid Sick and Safe Leave Law? (December 28, 2017)
- California Bans Salary History Inquiries (October 2017)
- Flexible Work Arrangements in California – SHRM Publication
- San Francisco Ordinance Requires Six Weeks of Fully Paid parental Leave (April 2016)
- 2013 in Review and A Look Ahead to 2014, Labor and Employment Law Update (December 2013)
- 2011 in Review and 2012 in Preview, Labor and Employment Update (January 2012)
- Toxic Clients: How to Identify and Manage Difficult Client Relationships, ABA Newsletter: Professionals’ Officers’ and Directors’ Liability Committee (Summer 2009)
- Payment and Performance Bonds, Oregon Construction Law CLE Chapter 10 (Fall 2003)
- "Chopping Down the Birds: Loggers and the Migratory Bird Treaty Act," 31 Envtl.L.Rev 1 – Selected on merit by the previous years’ board (Winter 2001)
- Co-Presenter, "Employment Law," Nonprofit Law Institute (November 6, 2023)
- Presenter, “What Does 2024 Have in Store for Labor & Employment Laws?” FinComp 2023 Conference (September 19, 2023)
- Co-Presenter, “Ensuring Equity in Remote Work,” ABA Section of Real Property, Trusts & Estates Annual National CLE Conference (May 12, 2023)
- Presenter, "Critical Developments in Washington and Oregon Employment Law," Washington Bankers Association 2022 Education/Human Resources Conference (May 18, 2022)
- Moderator, "DEI - A Legal Framework & Practical Steps," Pacific Coast Labor & Employment Law Conference (May 12, 2022)
- Co-Presenter, "Employee Discipline and Termination," National Business Institute’s Employment Law 2022 Seminar (May 11, 2022)
- Co-Presenter, "Hiring/Recruiting," National Business Institute’s Employment Law 2022 Seminar (May 11, 2022)
- Co-Presenter, "Washington Labor & Employment Legislative Update: What Employers Need to Know," Webinar, Seyfarth Shaw LLP (March 17, 2022)
- Co-Presenter, "Washington State Long-Term Care Act: What Employers Need to Know," Webinar, Seyfarth Shaw LLP (June 7, 2021)
- Moderator, "Racial & Social Justice: A Conversation with the Washington Supreme Court," Panel, 2021 Pacific Coast Labor & Employment Law Conference (May 7, 2021)
- Speaker, "Awareness into Action: Inspiring Change," Virtual Summit, The Women in Legal & Corporate Leadership (October 7, 2020)
- Co-Presenter, "Return to Business: What the Western States Pact Means for Reopening Business Out West," Webinar, Seyfarth Shaw LLP (May 19, 2020)
- "Fostering Diversity and a Culture of Inclusion within Legal Leadership," The Women, Diversity & Change Summit: Seattle (November 14, 2019)
- "2018 Washington and Oregon Employment Law Update," The 2018 Seattle Insurance Litigation Seminar (September 19, 2018)
- "Intersectional Discrimination: More than the Sum of its Parts," Pacific Coast Labor And Employment Law Conference (April 26, 2018)
- "Will Artificial Intelligence Replace the Need for Human Workers? How Employees Can Embrace AI to Augment Their Careers," Moderator, American Bar Association National Symposium on Technology in Labor and Employment (April 11, 2018)
- "Seattle, Washington State, and Federal Updates," Puget Sound Chapter Meet-Up Employment Law Update (January 9, 2018)
- "Conducting Internal Investigations: Strategic Step-by-Step Guide for 2018," Webinar, The Knowledge Group (December 11, 2017)
- "2017 Washington and Oregon Employment Law Update," 2017 Seattle Insurance Litigation Seminar (September 29, 2017)
- "Existing Pay Equity Laws and Pending Federal Legislative Initiatives," Webinar, The Future of Pay Equity: What It Means For You (May 16, 2017)
- "How to Conduct Effective Internal Investigations: Your Thorough Guide in 2017," Webinar, The Knowledge Group (May 4, 2017)
- "A Primer on Employment Arbitration in Aviation," King County Bar Association Aviation Law Section’s 43rd Annual Pacific Northwest Aviation Law and Insurance Conference (October 7, 2016)
- "Recruiting and Hiring Compliance Essentials for California HR Professionals," 10th Annual California Employment Law Update (September 30, 2015)