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Joshua Brittingham helps employers prevent, manage, and resolve high-exposure labor and employment disputes. He counsels management on compliance and risk mitigation and defends employers in complex litigation, class actions, and labor relations matters before courts and administrative agencies.

Josh represents private and public employers across a wide range of industries in matters arising under federal, state, and local employment and labor laws. His practice focuses on disputes and decisions that carry enterprise-level risk, including wage and hour class actions, discrimination and retaliation claims, wrongful discharge, and union-related matters. He regularly advises employers on how early decisions—at the policy, investigation, and response stage—can shape litigation outcomes.

Core Services

  • Management-side employment counseling and HR compliance
  • Employment litigation defense in state and federal court
  • Wage-and-hour counseling and class/collective action defense
  • Workplace investigations and response strategy
  • Labor relations, collective bargaining, and labor arbitration
  • NLRB proceedings and unfair labor practice defense

Employment Litigation and Agency Matters

In state and federal courts and before administrative agencies, Josh defends employers in a wide range of employment disputes. His experience includes single-plaintiff and class claims involving wage and hour compliance, discrimination, harassment, retaliation, and termination-related allegations. He is frequently engaged when matters present heightened exposure, operational impact, or precedent risk.

Class Actions

Josh brings extensive experience defending employers in wage and hour class actions and other high-exposure employment matters. Working closely with clients, he assesses risk, develops early litigation strategies, and positions cases for efficient resolution, dispositive motion practice, or trial when necessary.

Labor Relations

He advises and represents employers in labor relations matters, including collective bargaining, labor arbitrations, union organizing campaigns, strikes, and proceedings before the National Labor Relations Board. His labor practice includes counseling employers on lawful responses to organizing efforts and litigating disputes at the intersection of state-law claims and federal labor law.

Counseling, Policies, and Risk Management

In addition to litigation, Josh counsels employers on proactive compliance and risk management. He regularly assists with drafting, revising, and enforcing employment agreements, confidentiality and non-competition provisions, and personnel policies, with an emphasis on defensibility in litigation and alignment with operational realities.

Training and Speaking

A frequent speaker and trainer, he works with employers and management teams on employment law compliance, supervisory best practices, wage and hour risk, and labor relations strategy. His presentations are practical and focused on helping employers anticipate and avoid common points of exposure.

Background

Before joining Carney Badley Spellman, Josh spent nearly a decade litigating commercial, real estate, and employment disputes and advising clients on transactional matters. He previously worked as a project manager and business analyst in the financial services industry and grew up in a family of small business owners, experience that informs his pragmatic, business-focused approach to advising employers.

  • J.D., UCLA School of Law, 2008
  • B.A., summa cum laude, Northwest University, 2000
  • Washington State Bar
  • California State Bar
  • Oregon State Bar
  • U.S. District Court, Western District of Washington
  • U.S. Courts, Ninth Circuit
  • Counsel to employer in a lawsuit against a union for fraud and property damage. In part, the employer’s state court tort action alleged that the union intentionally timed a strike so that it would result in destroying the employer’s property. A key issue in the case is whether the National Labor Relations Act impliedly preempts such a state tort claim under San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236 (1959), and its progeny. The case is presently pending before the Supreme Court of the United States. Glacier Nw., Inc. v. Int’l Bhd. of Teamsters Loc. Union No. 174., 143 S. Ct. 82 (2022).
  • Lead counsel to Oregon employer defending against worker’s compensation retaliation claims. Case was settled favorably.
  • Lead counsel to employer defending against a claim of alleged non-payment of wages per Washington’s High hazard facilities—Workforce Statute (Ch. 49.80 RCW). Successfully obtained an administrative dismissal of the claim before the Washington State Department of Labor & Industries.
  • Lead counsel to various employers defending against wage-and-hour class actions alleging claims for meal break, rest break, and overtime payment alleged violations.
  • Washington State Bar Association (WSBA)
  • Center for Advanced Manufacturing Puget Sound (CAMPS)
  • Associated General Contractors of Washington (AGC)