Devin Smith

Partner

I partner with companies to resolve employment challenges and get everybody back to work.

Devin Smith is a class action and employment litigator. Working with Fortune 100 companies to sole proprietors, Devin has significant experience defending wage-and-hour class actions in the healthcare, retail, restaurant, transportation, and other industries. He protects his clients' interests in alleged discrimination, retaliation, harassment, constructive discharge, disability, and other employment matters. Devin regularly resolves noncompetition and nonsolicitation disputes — either through negotiated resolution or court intervention.

As former in-house counsel at Microsoft, Devin advises clients on all aspects of the employer-employee relationship. His mix of litigation and in-house experience allows him to deliver practical guidance to all levels of HR and business leadership.

Practice Highlights

Class action litigation

Providing seasoned, efficient defense of complex wage-and-hour class actions and FLSA collective actions.

Single-plaintiff employment litigation and noncompetition matters

Representing companies across the full spectrum of employment claims, including discrimination, retaliation, harassment, failure to accommodate, FMLA violations, and others. Resolve noncompetition, nonsolicitation, and trade secret issues.

Counseling and HR investigations

Partnering with HR and business leadership to mitigate risk and resolve employee complications, including conducting workplace investigations.

Class action litigation against chain of personal wellness clinics

Defense of putative wage and hour class action alleging violations of the Washington Minimum Wage Act, rest break and meal period requirements, and off-the-clock work. (2019)

Class action litigation against healthcare entity

Defense of hospital and related entities in putative wage and hour class action alleging violations of Washington rest break and meal period requirements, time rounding, overtime practices, and unpaid time. (2019)

FLSA action against cellular inspection company

Defense of national Fair Labor Standards Act ("FLSA") collective action alleging unpaid overtime and misclassification of employees. (2019)

Class action litigation against national retail entity

Defense of retailer at SeaTac airport in complex putative class action alleging failure to accommodate religious practices and violations of Washington rest break and meal period requirements. (2019)

Class action litigation against trucking company

Resolved Minimum Wage Act claims against regional transportation employer. Putative class action settled for a fraction of alleged damages. (2019)

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Admitted to Practice

Washington, 2010

Education

J.D., University of Washington School of Law
- Associate Editor-in-Chief, Pacific Rim Law & Policy Journal
M.S., Journalism, Columbia University Graduate School of Journalism
B.S., Communications, Cornell University, magna cum laude

Memberships & Affiliations

- Board Member, KCSARC - King County Sexual Assault Resource Center, 2017-present

Professional Recognition

- Named one of the "Best Lawyers in America" by Best Lawyers in Litigation - Labor and Employment, 2024-present

Background

- Law Clerk, Washington State Supreme Court, Olympia, Wash.
- Summer Associate, Davis Wright Tremaine, Seattle
- Extern, Hon. John C. Coughenour, U.S. District Court, Western District of Washington, Seattle
- Reporter, New York Post, New York, N.Y.
- Pentagon Correspondent, Washington, D.C.