Montgomery Y. Paek represents corporations and management in all types of employment litigation including actions involving:
- The Fair Labor Standards Act (FLSA), Nevada minimum wage and overtime, and related wage and hour claims
- Title VII of the Civil Rights Act claims for discrimination, harassment, and retaliation
- The Age Discrimination in Employment Act (ADEA)
- Noncompetition covenants, nonsolicitation covenants and confidential information/trade secrets
Montgomery is lead counsel in complex and contentious high stakes employment litigation in class and collective actions, injunctions for noncompete and trade secrets, discrimination and harassment, and director and officer liability. In class actions, Montgomery has represented clients in dozens of class actions from inception through successful appeal. Montgomery briefed, argued, and obtained a landmark decision before the en banc Nevada Supreme Court that established the statute of limitations for minimum wage claims in Nevada. Perry v. Terrible Herbst, Inc., 132 Nev. 767, 383 P.3d 257 (2016).
In noncompete and trade secrets cases, Montgomery has successfully argued, enforced, and prevented TROs and injunctions in cases involving c-suite executives and direct competitors against all manner of opposing counsel from hometown local firms to national Vault 100 firms.
In addition, Montgomery has experience successfully:
- Obtaining decertification, dismissals, and summary judgments of class action and collective action cases in their entirety
- Enjoining and preventing emergency TROs and injunctive relief in relation to employee breaches of confidential information, solicitation, trade secrets, and noncompete agreements as well as in general commercial litigation matters
- Prevailing on summary judgment in Title VII and commercial litigation matters
- Prevailing on appeals and extraordinary writ relief in State and Federal appellate matters
- Obtaining temporary and extended workplace protective orders on behalf of employers for threats of workplace violence
Montgomery has represented employers before the U.S. Court of Appeals for the Ninth Circuit, the Nevada Supreme Court, the Equal Employment Opportunity Commission (EEOC), the Nevada Equal Rights Commission (NERC), and the Nevada Office of the Labor Commissioner. Additionally, he has represented clients in SOX whistleblowing actions before the Occupational Safety & Health Administration (OSHA), the Office of Administrative Law Judges (OALJ) at the Department of Labor (DOL), and in federal court.
Montgomery has served as the editor-in-chief for the Labor and Employment Law Section Newsletter of the State Bar of Nevada. Prior to joining Littler, he worked as a commercial litigator for a regional law firm.