BKBH’s Employment Law Practice Group Attorneys:

Employment Defense & Employer Counseling

Employers in Montana are faced with a vast array of laws affecting their relations with their employees. This is an area that BKBH works with its clients on a regular basis. For nearly thirty years, BKBH has represented numerous Montana employers and their insurers as part of its wide-ranging and growing employment law practice. Our employment law defense attorneys have extensive experience defending cases including occupational disease claims; workers’ compensation claims; employment practices; disability, discrimination and retaliation cases and related insurance defense cases. Additionally, BKBH has litigated personal injury claims brought against Montana employers by past or current employees seeking to avoid the exclusive remedy provisions of the Montana Workers’ Compensation Act. We believe we have obtained the trust and confidence of the employers and insurers we represent.

Employment Litigation and Consulting

The defense of Montana employers, large and small, private and public, as well as their insurers constitutes a significant portion of BKBH’s legal services. For nearly 30 years, BKBH has consulted with and successfully represented Montana employers and their insurers on a large variety of labor and employment law issues before the Montana Supreme Court, in the district courts of Montana, and before the Department of Labor, the Human Rights Bureau and the Workers’ Compensation Court. Our employment law and litigation attorneys have extensive experience and have successfully defended cases involving alleged wrongful discharge, constructive discharge, sexual harassment, employment discrimination, wage and hour claims, human rights violations and workers’ compensation and occupational disease claims.

To achieve successful litigation results in its employment law cases, BKBH employs a team approach which encourages a cooperative effort between the employer, insurer, and counsel. The firm believes the best possible results are achieved when everyone combines their skill and resources to effectively communicate and work together throughout the course of litigation. Using these strategies in conjunction with alternative dispute resolution mechanisms where appropriate and the innovative technology available to us, BKBH has achieved a high success ratio for our employment law clients at the trial and appellate levels.

In addition to its employment litigation practice, BKBH is often called upon to assist employers in complying with and successfully negotiating the web of labor and employment laws which dictate the terms of the modern employment relationship. Businesses of any size in Montana must comply with myriad employment laws. In addition to compliance with payroll and related tax issues, BKBH assists employers in ensuring compliance with the Fair Labor Standards Act, state wage and hour laws, workers’ compensation insurance requirements and the Montana Wrongful Discharge From Employment Act. BKBH understands that the modern business owner may require assistance in understanding issues such as the nexus between workers’ compensation statutes, the Americans with Disabilities Act and the Family Medical Leave Act, United States Civil Rights Laws, Montana Human Rights legislation, and federal and state drug testing laws and policies. All these legal mandates provide unique challenges and opportunities to businesses and public employers and BKBH is proud to be part of the team that proactively addresses such issues. Additionally, BKBH is often called upon to assist clients in developing and implementing effective employment practices, including personnel policies and procedures, reductions in force, independent contractor issues, and civil rights laws.

Workers Compensation Insurance

For nearly three decades, BKBH attorneys have offered our clients a broad spectrum of counseling and advice on a variety of legal issues arising under the Montana’s Workers’ Compensation Act. BKBH frequently works with and advises public and private employers and their insurers as well as self-insured clients regarding all aspects of the workers’ compensation system. BKBH renders assistance in maintaining self-insured privileges under workers’ compensation laws. For those employers and groups of employers who choose to self-insure, BKBH also assists employers with all aspects of risk management and claims handling. We recognize that minimizing the frequency and severity of workers’ compensation claims filed significantly benefits the employer by increasing productivity and reducing workers’ compensation costs. Our lawyers have counseled employer clients on proactive measures that can be taken to reduce workplace hazards and how to properly investigate claims once filed. BKBH also works with clients to develop early return to work programs that help reduce the impact of an injury for the injured worker and the employer. BKBH further advises employers on the interplay between workers’ compensation laws, the Americans With Disabilities Act and other employment and human rights laws. Above all, we have successfully defended clients against workers’ compensation claims in many arenas. We routinely defend employers against civil actions both at the trial court and at the appellate level, and we have successfully prosecuted and defended appeals to the Montana Supreme Court. Our firm has helped achieve reforms to Montana’s statutes governing workers’ compensation. We have commented on proposed legislation and agency guidelines to influence Montana’s workers compensation policies for the benefit of our clients. Our workers’ compensation practitioners frequently appear on the programs of statewide and regional seminars on Montana’s workers’ compensation laws. In short, our workers’ compensation defense practice constitutes a major part of BKBH’s business and litigation practice.

Sub-Practice Areas:

  • Employer Counseling
  • Employment Defense Litigation
  • Workers’ Compensation Defense Litigation
  • Labor Relations Issues
  • Drug & Alcohol Testing

Representative Matters:

  • Employment Litigation – BKBH attorneys have successfully represented Montana employers and insurers on a variety of labor and employment law issues before the Montana Supreme Court, in the district courts of Montana, before the Montana Department of Labor and Industries and the Montana Workers’ Compensation Court, and in federal court. BKBH has successfully defended hundreds of employment cases, including unlawful discrimination, wrongful discharge, and claims for unemployment benefits, wage and hour claims, and workers’ compensation and occupational disease claims.
  • Labor Relations Issues – BKBH attorneys have been called on to assist employers in resolving a wide variety of labor and employment issues including compliance with federal and state equal employment laws, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the creation of policies and procedures consistent with the Montana Wrongful Discharge from Employment Act, reductions in force, independent contractor issues and civil rights laws. Our attorneys specialize in labor and employment law have assisted both small and large businesses in drafting personnel policies and procedures, as well as employee handbooks.
  • Workers’ Compensation Insurance – The defense of Montana employers and their insurers constitutes a significant portion of the firm’s litigation practice. Since 1985, BKBH has successfully represented self-insured entities and workers’ compensation insurers before the Montana Workers’ Compensation Court, the Montana Department of Labor, and the Montana Supreme Court. Our firm’s central location in Helena provides convenient access to these Helena-based forums and to employers (and their insurers) in other Montana communities. BKBH lawyers have defended the State of Montana’s Workers’ Compensation Fund, the Montana School Groups Association, the Montana Hospital Association Workers’ Compensation Trust and the Montana Municipal Insurance Authority and private insurers in hundreds of litigated insurance claims. BKBH lawyers also represent client interests in workers’ compensation and employment law before the Montana Legislature. To achieve successful litigation results in its workers’ compensation cases.
  • Employer Counseling – BKBH employs a team approach to every claim that encourages a cooperative effort between the employer, insurer, and counsel. We believe that the best possible results are achieved when everyone combines their skills and resources to effectively communicate and work together. Using these strategies in conjunction with innovative technology, BKBH has achieved a high success ratio in counseling and in disputes at the trial level before the Montana Workers’ Compensation Court and the Department of Labor and Industry. Drug & Alcohol Testing – BKBH has developed expertise regarding drug and alcohol testing policies. Our firm was instrumental in forming Montanans for a Drug Free Society, which has worked with employers throughout Montana to draft legislation and policies to assist employers in maintaining drug and alcohol-free work environments. Our attorneys have drafted comprehensive drug and alcohol testing policies for several employers throughout the state.


BKBH is regarded highly by quality rating services:

Martindale Hubbell
Chambers USA
A. M. Best & Company
Best Lawyers
SuperLawyers



Chambers Partners Peer Review Rated AM Best