-+
Overview
Clay’s 30-year career in labor and employment law has focused on providing counsel and litigation services to employers. He has extensive experience litigating employment-related claims in federal and state courts, particularly representing employers in Americans with Disabilities Act litigation. On behalf of his clients, he has obtained a high percentage of defense verdicts, most recently in an ADA trial in which he represented an international insurance company.
Clay has litigated cases involving all aspects of employment law including discrimination, harassment, wage and overtime claims, severance agreements, non-compete agreements, the Older Worker Benefit Protection Act (OWBPA), COBRA, FMLA/OFLA, defamation, and wrongful discharge. Clay also provides counsel to employers, assisting in matters such as down-sizings, reasonable accommodations, leave issues, and general day-to-day employment law questions which arise for employers.
Prior to joining Tonkon, Clay clerked for United States District Judge Russell E. Smith in the District of Montana. Clay worked for almost twenty years at Bullivant Houser Bailey, PC, where he was a shareholder and served for a total of almost twelve years as chair of the Employment practice group.
Since 2006, Clay has been recognized every year as a leader in employment law by Chambers USA: America's Leading Lawyers for Business and as an Oregon Super Lawyer, a designation reserved for the top five percent of lawyers in Oregon based on peer recognition and professional achievement. Clay was featured in the November 2009 Corporate Counsel edition of Super Lawyers magazine.
Clay has litigated cases involving all aspects of employment law including discrimination, harassment, wage and overtime claims, severance agreements, non-compete agreements, the Older Worker Benefit Protection Act (OWBPA), COBRA, FMLA/OFLA, defamation, and wrongful discharge. Clay also provides counsel to employers, assisting in matters such as down-sizings, reasonable accommodations, leave issues, and general day-to-day employment law questions which arise for employers.
Prior to joining Tonkon, Clay clerked for United States District Judge Russell E. Smith in the District of Montana. Clay worked for almost twenty years at Bullivant Houser Bailey, PC, where he was a shareholder and served for a total of almost twelve years as chair of the Employment practice group.
Since 2006, Clay has been recognized every year as a leader in employment law by Chambers USA: America's Leading Lawyers for Business and as an Oregon Super Lawyer, a designation reserved for the top five percent of lawyers in Oregon based on peer recognition and professional achievement. Clay was featured in the November 2009 Corporate Counsel edition of Super Lawyers magazine.
-+
Featured Representative Matters
Disability Discrimination Claims
Obtained defense jury verdict on behalf of an international insurance company against disability and leave discrimination claims brought by a former employee.
Manufacturer Arbitration
Obtained defense award in arbitration on behalf of a major southern Oregon manufacturer against gender discrimination and whistleblower claims brought by a former employee.
Race Discrimination Claims
Obtained summary judgment on behalf of national staffing company against claims of race and national origin discrimination by a former employee
Healthcare Downsizing
Assisted major health care provider with down-sizing, addressing WARN Act issues, and avoiding liability for claims arising from downsizing.
-+
Featured Work
-+
Community Involvement & Activities
Oregon Association of Defense Counsel
Past Chair of Employment Section
Westside Christian High School
Past Member, Board of Directors
-+
Professional Memberships
Portland Human Resources Management Association
Member, Board of Directors
DRI, Employment Law Section
Multnomah Bar Association
Member, Board of Directors
DRI, Employment Law Section
Multnomah Bar Association
-+
Awards & Recognition
The Best Lawyers in America
2009-2021, Employment Law – Management
2009-2021, Litigation – Labor & Employment
2009-2021, Litigation – Labor & Employment
Chambers USA: America's Leading Lawyers
2012-2020, Labor & Employment
Super Lawyers
2006-2020, Oregon Super Lawyer – Employment Litigation: Defense
-+
Recent News
8.20.2020
Best Lawyers in America® Includes 49 Tonkon Torp Attorneys on 2021 List
Forty-nine Tonkon Torp lawyers representing 36 practice areas have been selected for inclusion in The Best Lawyers in America® 2021. A majority of attorneys have been named to the peer-review list in past years, and most have been recognized for more…
7.7.2020
26 Tonkon Torp Attorneys Honored on 2020 Super Lawyers Lists
Twenty-six Tonkon Torp attorneys in nine practice areas have been included in the 2020 Oregon Super Lawyers or Rising Stars lists. Tonkon Torp partner and bankruptcy authority Albert N. Kennedy has been once again recognized on the Top 50 list of…
6.25.2020
Clay Creps Leads Talk on Navigating Political Expression in the Workplace
The Coffee Break webinar series, hosted by attorneys in Tonkon Torp’s Labor & Employment Practice Group, provides practical advice to help businesses navigate L&E issues as they reopen their business. During the June 18 program, Clay Creps explored…
6.4.2020
L&E Attorneys Examine the New Normal of Telecommuting
The Coffee Break webinar series, hosted by attorneys in Tonkon Torp’s Labor & Employment Practice Group, provides practical advice to help businesses navigate L&E issues as they reopen their business. During the May 28 program, Clay Creps and Megan…
4.27.2020
Chambers USA Names 20 Tonkon Torp Attorneys in 2020 Ranking
Chambers USA: America's Leading Lawyers for Business has recognized 20 Tonkon Torp attorneys in seven practice areas in its 2020 USA Guide. Eighteen of the Tonkon Torp attorneys named have been previously ranked by Chambers.
4.16.2020
Tonkon Torp Hosts Webinar to Answer Top L&E Questions During COVID-19
On Friday, April 10, Tonkon Torp hosted a webinar to address frequently asked questions about employment law and workplace practices during COVID. The program featured partners Clay Creps and Blerina Kotori from Tonkon Torp’s Labor & Employment…
8.15.2019
2020 List for Best Lawyers in America® Includes 48 Tonkon Torp Attorneys
Forty-eight Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2020. A majority of attorneys have been named to the list in past years, and most have been recognized for more than five…
7.16.2019
31 Tonkon Torp Attorneys Honored on 2019 Super Lawyers Lists
Thirty-one Tonkon Torp attorneys in nine practice areas have been included in the 2019 Oregon Super Lawyers or Rising Stars lists.
5.20.2019
Annual L&E Law Update Prepares Employers for the Ultimate Game
Attorneys from the Tonkon Torp Labor & Employment and Business Immigration practice groups hosted their annual Employment Law Update at the Oregon Zoo for 200 human resource professionals and other business leaders.
4.29.2019
Chambers USA Names 23 Tonkon Torp Attorneys in 2019 Ranking
Chambers USA: America's Leading Lawyers for Business has recognized 23 Tonkon Torp attorneys in seven practice areas in its 2019 USA Guide.
-+
Recent Alerts
9.16.2020
Don’t Forget to Update Your Anti-Discrimination Policies: Oregon Workplace Fairness Act Goes into Effect October 1, 2020
Although it may be the understatement of the century, a lot has happened in Oregon in 2020. An employer could be forgiven for overlooking that SB 726 – the Workplace Fairness Act (WFA) – goes into effect on October 1, 2020, nearly 16 months after it…
7.14.2020
How Employers Should Handle Political Speech in the Workplace
During this time when we are seeing protests related to Black Lives Matter and COVID-19, and as political campaigns start to heat up, it can be expected that employers will start to hear more discussion of a political nature in the workplace…
3.30.2020
DOL Releases Third Round of FFCRA Guidance, Covering Details on Exemptions, Leave Lengths, and More
On March 28, 2020, the Department of Labor (DOL) released its third round of Guidance ahead of the Families First Coronavirus Response Act’s (FFCRA) April 1, 2020 effective date. The new Guidance provides additional information regarding exemptions…
3.27.2020
Second Round of DOL Guidance Clarifies Intermittent Leave, Furloughs, and Other Crucial Questions about FFCRA
Late last night, March 26, 2020, the Department of Labor issued its second guidance on administering the emergency paid sick leave (“EPSL”) and emergency family medical leave (“EFML”) of the Families First Coronovirus Response Act (“FFCRA”). This new…
3.19.2020
Families First Coronavirus Response Act: What Employers Need to Know
On March 14, 2020, the U.S. House of Representatives passed the first version of HR 6201 (the “Families First Act”), an emergency relief bill with paid FMLA and paid sick leave benefits for employees experiencing employment loss due to the COVID-19…
3.19.2020
Oregon Employers: Remember Your Employee Leave Obligations as COVID-19 Spreads - Update
On March 18, 2020, BOLI adopted an emergency rule expanding the reasons for which an employee can take OFLA protected leave. BOLI expanded the definition of sick child leave to include “absence to care for an employee’s child whose school or place of…
3.16.2020
Potential Expansion of FMLA Protection in Response to COVID-19 Pandemic
We are endeavoring to keep you up-to-date on developments from COVID-19 impacting the workplace. In response to the pandemic, the U.S. House has passed a bill that would provide for paid leave and would expand protection under the Family and Medical…
2.26.2020
Oregon Legislation to Prohibit Hair-Based Discrimination
It appears Oregon will be joining the wave of states enacting laws against hair-based discrimination. House Bill 4107 would amend antidiscrimination statutes in Oregon to include discrimination based on hairstyle.
9.20.2019
California Independent Contractor Statute
The topic of independent contractors has been at the forefront of late, with both the Department of Labor and the Oregon Bureau of Labor and Industries taking a keen interest in reviewing independent contractor relationships and enforcing wage and…
6.20.2019
Oregon's Workplace Fairness Act
The landscape of laws regulating the employment relationship in Oregon seems to be constantly changing. Another big change occurred with the enactment of the Oregon Workplace Fairness Act.
-+
Publications & Presentations
"Legal Considerations For Employers Related to Protests, Racial Injustice, and Political Speech," June 2020
"Is Telecommuting the New Normal?" May 2020
Panelist, "FAQs for Employers in the COVID-19 Reality," April 2020
"DOL Releases Third Round of FFCRA Guidance, Covering Details on Exemptions, Leave Lengths, and More," Tonkon Torp Legal Update, March 2020
"Second Round of DOL Guidance Clarifies Intermittent Leave, Furloughs, and Other Crucial Questions about FFCRA," Tonkon Torp Legal Update, March 2020
"Families First Coronavirus Response Act: What Employers Need to Know," Tonkon Torp Legal Update, March 2020
"Oregon Employers: Remember Your Employee Leave Obligations as COVID-19 Spreads - Update," Tonkon Torp Legal Update, March 2020
"Potential Expansion of FMLA Protection in Response to COVID-19 Pandemic," Tonkon Torp Legal Update, March 2020
"Oregon Legislation to Prohibit Hair-Based Discrimination," Tonkon Torp Legal Update, February 2020
"California's Independent Contractor Statute," Tonkon Torp Legal Update, September 2019
"Oregon's Workplace Fairness Act," Tonkon Torp Legal Update, June 2019
"Washington State to Restrict Noncompetition Agreements," Tonkon Torp Legal Update, May 2019
"Legislative and Regulatory Update," Annual Labor & Employment Law Update, May 2019
"Oregon Paid Family and Medical Leave - Legislation Introduced," Tonkon Torp Legal Update, March 2019
"Are You Ready for Paid Family and Medical Leave in Oregon?" Tonkon Torp Legal Update, January 2019
"Accommodating Physical and Mental Disabilities in the Workplace," Oregon Association of Defense Counsel Fall Seminar, November 2018
"Does Your Intern Program Make the Grade?" Tonkon Torp Legal Update, July 2018
"Wage-Fixing and No-Poaching Agreements – Criminal Prosecution Is a Real Risk," Tonkon Torp Legal Update, July 2018
"Employment Law Q&A for Startups," August 2016
"BOLI Issues Rules Regarding Minimum Wage Increase," Tonkon Torp Legal Update, July 2016
"Labor & Employment Update," Real Benefits Group, June 2016
"Discovery in Labor and Employment Law," Second Annual Labor & Employment Law Boot Camp, Oregon State Bar, June 2016
"Employee Handbooks for Startups," March 2016
"Discovery in Labor & Employment Law," Labor & Employment Law Boot Camp, Oregon State Bar, November 2015
"Employment Law for Startups,” November 2015
"Portland Protected Sick Time: What Employers Need to Know," Annual Employment Law Conference, Oregon Bureau of Labor & Industries (BOLI), November 2014
"Introduction and Overview of the Ordinance," The Seminar Group, June 2014
"Sexual Harassment, Discrimination and Retaliation in the Workplace," The Salvation Army ARC, October 2013
"Small Business Employment Law Issues," The Seminar Group, February 2013
"Wage and Hour Issues," Rogue Valley Chapter of the Society for Human Resource Management (SHRM), August 2012
"Supervisors Must Recognize Requests for Accommodations," Daily Journal of Commerce, February 2012