Courtney McFate

“I work closely with my clients to understand their goals and then help them navigate complex workplace issues with responsive, practical advice that moves them and their business forward with confidence.” —Courtney McFate

Employers facing the full range of employment compliance and litigation challenges—from individual harassment and discrimination claims to wage and hour class actions—turn to attorney Courtney McFate.

She brings a perspective shaped by years of litigation work and an equal commitment to solving problems before they turn into costly litigation. Her practice spans employers of all sizes across a broad range of industries, including consumer and financial services, health care, hospitality, manufacturing, retail, technology, and artificial intelligence, as well as nonprofits.

Courtney represents employers in pre-litigation and administrative matters, single-plaintiff litigation (including harassment, discrimination, and retaliation cases), and complex litigation such as wage and hour class actions and actions under California’s Private Attorneys General Act (PAGA). She is experienced in defending employers before the U.S. Equal Employment Opportunity Commission (EEOC), the California Civil Rights Department, the Oregon Bureau of Labor & Industries, the Washington State Human Rights Commission, and the U.S. Department of Labor (DOL), among other administrative bodies. Her approach is thoughtful and detail-oriented: she focuses on preventing litigation, but when disputes arise, she strongly advocates for her clients’ interests.

A trusted advisor, Courtney guides employers through a wide range of compliance matters. Employers seek her advice on employee hiring processes, terminations, leaves of absence, reasonable accommodations, and the creation of employee handbooks. She also advises on complex issues related to compensation, commission plans, and pay equity, as well as workforce reductions and termination of employment, including severance agreements. Courtney regularly counsels clients regarding agreements with Professional Employer Organizations (PEOs) and compliance with PEO-related state laws, as well as on arbitration agreements and programs, employee confidentiality agreements, executive agreements, and executive severance considerations.

Courtney also keeps a close eye on the evolving federal regulatory landscape. Federal contractors and grantees, including Head Start providers, rely on her to navigate the current administration's positions on DEI and affirmative action programs while maintaining compliance with often-competing state law obligations.

A frequent speaker, Courtney is a thought leader on employment law topics and regularly presents for human resources professionals, in-house counsel, and executives.

Before joining Epstein Becker Green, Courtney was a partner at a regional law firm, where she focused on labor, employment, and benefits matters. Before that, she served as in-house employment counsel for a large consumer services company in California, acting as a strategic legal partner for human resources and all business units.

What Courtney Delivers for Clients

• Litigation-Informed Compliance Counsel: Having built her career in employment litigation before expanding into compliance counseling, Courtney brings a litigator’s lens to every advisory engagement. Clients receive timely, insightful, and strategic guidance on how a policy, agreement, or termination decision would hold up under scrutiny.
• Four-State Employment Coverage: With bar admissions in Alaska, California, Oregon, and Washington, Courtney advises employers operating across the West Coast and Pacific Northwest on the distinct and rapidly evolving requirements of each jurisdiction. Clients conducting workforce reductions, managing leave obligations, or navigating pay equity requirements across multiple states benefit from having a single counselor who understands the regional legal landscape.
• Shutting Down Class and PAGA Claims: Courtney has developed and executed resolution strategies that have closed out PAGA and wage and hour class claims while saving clients millions of dollars in potential damages and attorneys’ fees. Employers facing the financial and reputational stakes of complex employment litigation rely on her to assess risk clearly and resolve matters efficiently.
• Agency Scrutiny, Skillfully Handled: From EEOC charges to DOL audits spanning multiple allegations and more than a year of proceedings, Courtney has defended employers in administrative matters across multiple jurisdictions and achieved outcomes that include no negative findings and substantial reductions in civil money penalties. Clients facing agency scrutiny gain an advocate who is prepared for the long haul.
• A Counselor Who Listens First: Courtney's clients often face employment challenges that demand both legal precision and business judgment. She takes time to understand each client's goals and concerns before advising them and brings creative problem-solving to matters where a by-the-book response won't suffice. The result is practical guidance that works in the real world, not just on paper.

Demystifying Wage and Hour Audits: Courtney discusses her role as a trusted business advisor who helps clients navigate complex legal landscapes without compromising their goals. 

PAGA, Class Action, and Wage and Hour Litigation

• Created and implemented a successful resolution strategy for a client’s multiple PAGA and class claims, foreclosing any additional claims during the class and PAGA period and saving the client millions of dollars in damages and attorneys’ fees.

Administrative Charges and Government Investigations

• Defended clients against multiple EEOC and similar state agency charges of discrimination, harassment, and retaliation across multiple jurisdictions, all of which resulted in no negative findings for the clients.
• Vigorously defended a nonprofit client against a DOL audit spanning over one year and involving multiple allegations, resulting in a 90 percent reduction in civil money penalties.

Employment Litigation

• Achieved a pivotal California Court of Appeal decision affirming the dismissal of a former employee’s claims under the Investigative Consumer Reporting Agency Act and Fair Chance Act. The court confirmed that an employer’s EEOC affidavit constitutes protected activity under California’s anti-SLAPP statute and held that the Fair Chance Act applies only to pre-hire decisions, meaning employers may consider criminal history in post-hire employment decisions where the information was not obtained from a non-compliant background check.
• Obtained summary adjudication in a disability discrimination case, resulting in the dismissal of emotional distress claims and saving the client potentially millions of dollars in damages and attorneys’ fees.

Commercial and Other Litigation

• Obtained summary adjudication in a complex tort case, resulting in the dismissal of several claims and saving the client hundreds of thousands of dollars.
• Defended retail companies against Washington Commercial Electronic Mail Act (CEMA) claims.

Employment Compliance Counseling and Workforce Matters

• Advised a multistate urgent care client regarding a complex and ongoing reduction in force involving hundreds of workers.

Education

• Golden Gate University School of Law (J.D., 2012)
• California State University, Los Angeles (M.A., 2006)
• University of California at Los Angeles (B.A., 2002)

Professional & Community Involvement

• California Lawyers Association
• Community Music Center, Board Member (2026 to Present)
• Community Pathways, Inc., Board Member and Board President (2022 to Present)
• Multnomah Bar Association
• National Association of Women Lawyers
• Oregon Association of Defense Counsel
• Oregon Women Lawyers
• The Portland Montessori School, Board Member (2022 to 2024)