• Winterbauer & Diamond PLLC
  • 1200 Fifth Avenue Suite 1700
  • Seattle, Washington 98101
  • 206.676.8440
Winterbauer & Diamond PLLC

Kenneth J. Diamond | Member

Ken joined the firm as a Member in 1997. His counseling practice extends to every facet of the employment relationship, including recruitment, hiring, training, and discharge. He works with employers regarding major restructures, compliance audits, and the removal of high-level executives. He has defended large and small employers on the full range of employment litigation matters (e.g., discrimination, retaliation, FMLA, reasonable accommodation, contract disputes) and has significant experience defending wage and hour class-action cases alleging misclassification of employees.

Prior to moving to Seattle, Ken practiced in Washington, D.C. with Covington & Burling and Chadbourne & Parke.

  • Professional Activities

    • Seattle University School of Law - Adjunct Professor (Employment Law), 2013-Present
    • The Worklaw® Network - Executive Committee, 2009-Present
    • Washington Defense Trial Lawyers Association
    • Stanford Law School - Board of Visitors, 2006-2011
    • Seattle Country Day School - Board of Trustees, 2004-2009
  • Professional Recognition

    • Chambers USA, A Leading Lawyer for Labor & Employment Law in WA, 2005-2017
    • Martindale-Hubbell, AV® Preeminent™ 5.0 out of 5 Peer Review, 2003-2017
    • Thomson Reuters, Inclusion in the Washington Super Lawyers® list, 2002-2017
    • Woodward/White, Inclusion in the Best Lawyers in America® 2013-2017
  • Publications

    • “Returning Service Members Must Be Given Reasonable Opportunity to Rebuild Commission Income,” HR Magazine, December 2011.
    • “2nd Circuit: Returning Service Members Must Be Given Reasonable Opportunity to Rebuild Commission Income,” SHRM Online, October 2011.
    • “1st Circuit: No Discrimination Where Employee Was Terminated for Violating Employer’s Policy,” SHRM Online, December 2010.
    • “10th Circuit: Court Confirms Jury Verdict Employer Failed to Hire Based on Gender,” SHRM Online, June 2010.
    • “5th Circuit: Workers Were Employees Covered by FLSA,” SHRM Online, October 2009.
    • “7th Circuit: Employers May Refuse to Reinstate Striking Workers,” SHRM Online, October 2008.
    • “4th Circuit: Risky Company Fund in 401(k) Plan Did Not Violate ERISA,” SHRM Online, August 2008.
    • “8th Circuit: Prompt Response Fends Off Hostile Work Environment Claim,” SHRM Online, May 2008.
    • “8th Circuit: EEOC Contests Denied Access to Leave Donation Program,” SHRM Online, January 2007.
    • “Settlement Agreement Ruled Taxable,” SHRM Online, December 2005.
    • “Timely and Adequate Notice Needed for FMLA Leave,” HR Magazine, July 2005.
    • “FMLA ‘Worksite’ Regulation Invalid,” HR Magazine, March 2005.
    • “Professional Golf and Disabilities Law Collide in the Courtroom,” National Academy of Opticianry Newsletter, February/March 2001.
    • “The Gender Motivated Violence Act,” Employee Relations Law Journal, Vol. 25, No. 4, Spring 2000.
    • “Corrected Vision and the Americans With Disabilities Act,” National Academy of Opticianry Newsletter, February 1998.
  • Presentations

    • “Hot Topics and Trends in Wage and Hour Litigation,” at the 15th Annual Labor and Employment Law Conference in Seattle, WA, November 2015.
    • “Unemployment Law Issues for Small Businesses,” at a seminar sponsored by The Seminar Group in Seattle, WA, December 2012.
    • "Pros and Cons of Arbitrating Employment Disputes," at the "16th Annual Labor & Employment Law Conference" sponsored by The Seminar Group in Seattle, WA, August 2013.
    • "Tips for Handling Unemployment Claims and Workers Compensation Claims,” at the “Small Business Employment Law Issues: Crucial Elements for Employers” seminar sponsored by The Seminar Group in Seattle, WA, November 2012.
    • “Seattle’s New Paid Sick Leave Rule,” at the "15th Annual Labor & Employment Law" seminar sponsored by The Seminar Group in Seattle, WA, August 2012.
    • “The Seattle Paid Sick and Safe Time Ordinance,” at a seminar sponsored by The Seminar Group in Seattle, WA, July 2012.
    • “Understanding Wage & Hour Issues” Employment Law class, Seattle University Law School in Seattle, WA, April 2012.
    • “Exemption Misclassification Claims” Employment Law class, Seattle University Law School in Seattle, WA, April 2011.
    • “Investigating Workplace Complaints,” at a seminar sponsored by the King County Bar Association in Seattle, WA, December 2010.
    • “Time Outs/Time Away: Managing requests for leave under FMLA, ADA and Workers Compensation,” at a seminar sponsored by the King County Bar Association in Seattle, WA, December 2008.
    • “Employment Law,” “CLE Boot Camp for Lawyers” seminar sponsored by The Seminar Group in Seattle, WA, December 2007.
    • “Understanding the FMLA,” at a seminar sponsored by The Seminar Group in Seattle, Washington, June 2007.
    • “Privacy in the Workplace,” at a seminar sponsored by the Council on Education and Management in Bellevue, WA, March 2007.
    • “Recent Developments in State and Federal Employment Law,” “CLE Boot Camp for Lawyers” seminar sponsored by The Seminar Group in Seattle, WA, November 2006.
    • “Summary Judgment: How To Survive It, How to Get It,” at the “13th Annual WSBA Employment Law Institute” in Seattle, WA, March 2006.
    • “Preventing Improper Denial of the FMLA’s Intermittent and Reduced Leave Schedule,” at a seminar sponsored by The Council on Education in Management in Bellevue, WA, March 2006.
    • “Understanding the FMLA,” at a seminar sponsored by The Seminar Group in Seattle, WA, March 2006.
    • “FMLA and the Public Sector,” at seminar sponsored by The Council on Education in Management in Bellevue, WA, January 2006.
    • “Employment Law Update” at the “CLE Boot Camp for Lawyers” seminar sponsored by The Seminar Group in Seattle, WA, December 2005.
    • “Fix It Before It Gets Broken: Interventions to Keep Lawsuits from Being Filed,” at the “Best of CLE” seminar sponsored by the WSBA in Seattle, WA, December 2005.
    • “Recent Developments in State and Federal Employment Law,” at a seminar sponsored by The Seminar Group in Seattle, WA, August 2005.
    • “Responding to Discrimination and Harassment Claims: What the Law and Common Sense Require,” at the “Seven Deadly Sins Of Washington Employers: Recognizing, Responding to and Avoiding the Risks” seminar sponsored by the WSBA in Seattle, WA, April 2005.
    • “Fix It Before It Gets Broken: Interventions to Keep Lawsuits from Being Filed,” at the “12th Annual WSBA Employment Law Institute” in Seattle, WA, April 2005.
    • “Navigating Workers’ Compensation, ADA & FMLA Issues,” at a seminar sponsored by The Seminar Group in Seattle, WA, March 2005.
    • “Employment Law: The Year in Review,” at a seminar sponsored by The Seminar Group in Seattle, WA, December 2004.
    • “Recent Developments in State and Federal Employment Law,” at a seminar sponsored by The Seminar Group in Seattle, WA, August 2004.
    • “Understanding the Uniformed Services Employment and Reemployment Rights Act (USERRA),” at a seminar sponsored by The Council on Education in Management in Bellevue, WA, May 2004.
    • “Disability Law: What’s New, What Matters,” at a seminar sponsored by Lorman Education Services in Seattle, WA, January 2004.
  • Bar Admissions

  • Washington, 1997
    District of Columbia, 1988 (inactive)
  • Court Admissions

  • US District Court, Western District of Washington
    US District Court, Eastern District of Washington
    US Court of Appeals, 9th Circuit
  • Education

  • JD, Stanford Law School, 1986
    MA, Columbia University, 1982
    BA, Yale University, 1978, cum laude
  • Bar Memberships

  • American Bar Association (Employment & Labor Law; Litigation)
    Washington State Bar Association (Labor & Employment Law)
    King County Bar Association (Labor & Employment Law, Litigation)
  • Clerkships

  • The Honorable J. Frederick Motz, former Chief Judge of the United States District Court for the District of Maryland, 1986-1987

Non-Client Communications

This Web site offers general information about our practice and its content is not intended to be, and should not be construed as, legal advice. You should also understand that by contacting Winterbauer & Diamond through this site you have not established an attorney-client relationship. Therefore, any information you provide will not be confidential and does not preclude our relationship with any other party. Inquiries regarding representation will be subject to our potential-client intake and conflict check process. Finally, you should understand that some legal matters are time sensitive. Delay may result in the waiver of claims or defenses, or otherwise harm you position. Therefore, we encourage you to continue your search for counsel while you await our response.

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