Montgomery Y. Paek represents and counsels corporations and businesses before state and federal courts in connection with all types of employment matters arising under federal and state laws, including actions involving:
- The Fair Labor Standards Act (FLSA)
- The Employee Retirement Income Security Act (ERISA)
- Sarbanes-Oxley Act (SOX)
- Labor Management Relations Act (LMRA)
- Title VII of the Civil Rights Act claims for discrimination, harassment, and retaliation
- The Age Discrimination in Employment Act (ADEA)
- Unfair competition and trade secrets matters
Montgomery's practice focuses on employment litigation including class and collective actions, minimum wage and overtime, non-competes and trade secrets, discrimination and harassment, and director and officer liability. He has represented clients in dozens of class actions from inception through successful appeal. In his class action work, 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. Adv. Op. 75, 383 P.3d 257 (Oct. 27, 2016). In addition, he has experience successfully:
- Obtaining dismissals, summary judgments, and decertification of class action and collective action cases in their entirety
- Obtaining and defending against injunctive relief in relation to employee breaches of confidential information, solicitation, trade secrets and non-compete agreements as well as in general commercial litigation matters
- Prevailing on summary judgment in Title VII and commercial litigation matters
- Prevailing on extraordinary writ relief and appeals 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.