Stephen K. Festor

Stephen K. Festor, Attorney

Background

Mr. Festor specializes in complex employment class actions. He has helped recover more than $100 million on behalf of thousands of employees. His work on class actions has involved ERISA, the Fair Labor Standards Act, the Internal Revenue Code, contracts, torts, statutory and regulatory interpretation, administrative procedures, remedies, and many other issues. Mr. Festor also advises employers on various employment-related issues. These issues include employment non-competition and non-solicitation agreements, compliance with discrimination laws, compliance with wage and hour laws, and the language used in various employment agreements and handbooks.

Representative Cases

  • Moore v. Health Care Authority, King Co. No. 06-2-2115-4, 181 Wn.2d 299 (2014). Class action for health benefits for employees classified as temporary, seasonal, and on-call. Case settled for $80 million after Washington Supreme Court ruled in favor of employees on damages.
  • Probst v. State Dep't of Retirement Systems, Thurston Co. No. 05-2-00131-1, 167 Wn. App. 180 (2012). Class action for employee retirement benefits. Partial case settlement for $5.5 million; ongoing action for others is pending in the Ninth Circuit Court of Appeals.
  • Dolan v. King County, Pierce Co. No. 06-2-04611-6, 172 Wn.2d 299 (2011). Class action for retirement benefits for public defenders. The Washington Supreme Court ruled that King County misclassified public defender employees as independent contractors. Case settled for pension benefits with a present value of approximately $130 million.
  • Storti v. University of Washington, King Co. No. 04-2-10979-9 (2004). Class action for 2% raise for University of Washington faculty. King County Superior Court ruled that the University's employee handbook created an enforceable contract for the 2% raise after part performance. Case settled for $17.5 million in back pay and increased faculty salaries.
  • Mader v. Health Care Authority, King Co. No. 98-2-30850-8, 149 Wn.2d 458 (2003). Class action for health benefits for part-time community and technical college faculty. The Washington Supreme Court ruled for the faculty and reversed trial court and Court of Appeals. Case settled for $11 million in back pay and new employment practices.
  • Vizcaino v. Microsoft, No. C93-0178C (W.D. Wash.), 290 F.3d 1043 (9th Cir. 2002). Class action brought by employees misclassified as independent contractors and employees of third-party agencies. Case settled for $97 million and Microsoft hiring about 3,000 class members as regular employees with full benefits. The Ninth Circuit Court of Appeals affirmed district court's award of class action attorney fees.
  • Jordan v. City of Bellevue, King Co. No. 98-2-21515-1 (1998). Class action for pay and benefits brought by City of Bellevue employees misclassified as not eligible for pay and benefits. Case settled for $750,000 in change of employment practices.
  • Martini v. Boeing, 88 Wn. App. 442 (1997). Attorney on appeal. Court of Appeals affirmed jury verdict against Boeing for failing to accommodate employee with sleep apnea.
  • Demetrio v. Sakuma Bros. Farms, Inc., 183 Wn.2d 649 (2015). Amicus attorney on appeal in class action for paid rest breaks for farm workers.
  • Wash. State Nurses Ass'n v. Sacred Heart Medical Center, 175 Wn.2d 822 (2012). Amicus attorney on appeal in class action for overtime pay for nurses.
  • Client Testimonials

  • "Steve, I want to thank you for the work that was done on this and the positive outcome that was created. It was a long road, but you never gave in."
  • "Hi Steve . . . I have received the settlement check. Thanks to you, this adventure has been profitable for me. . . . You are no doubt on to other equally important endeavors. Best wishes and thanks again!!"
  • "Dear Mr. Festor, Well, here it is 2017. Five years ago, you encouraged me to stay in this class action lawsuit. And I'm glad you did. As you stated, the monetary relief may be significant. It was. Just writing to say Thanks! All the best"
  • "Hi Steve, I just wanted, once again, to congratulate you on your terrific work which seems to finally be reaping some just rewards. Here's to a more equitable future. I wish there wasn't still such a long way to go but you have my heartfelt admiration for the job you are doing. Let me know if there is anything I can do. Best regards."
  • "I want to express my gratitude to all those who worked on the Moore vs HCA case. I can still remember the frustrations of being denied for health benefits. Along with, an overwhelming feeling that an appeal, wouldn't make a difference, at all. But your team did it! Your dedication and expertise hasn't gone unnoticed and is extremely appreciated. I wish you well on your current and upcoming cases."
  • "A big thank you to everyone . . . who worked so hard to get this lawsuit settled in our favor. It means a lot to me."

Stephen K. Festor

  • Seattle, Washington
  • Ph: (206) 622-3536
  • Fax: (206) 622-5759
  • Email: skfestor@bs-s.com

Bar Admission

State of Washington, 1993

Courts

U.S. District Court
Western District of Washington, 1993
U.S. Court of Appeals
9th Circuit, 1993

Education

University of Oregon School of Law, Eugene, Oregon, 1993 J.D.
Honors: Order of Coif

Judicial Extern, 1993
William L. Dwyer and Thomas S. Zilly
United States District Court, Western District of Washington

Washington State University
BA, Political Science, 1990

Professional Associations

Washington Employment Lawyers Association - Board Member, Treasurer 2008-2012

King County Bar Association - Labor and Employment Law Section