Jennifer L. Gokenbach

Jennifer L. Gokenbach, Partner

Before forming The Workplace Counsel, Ms. Gokenbach was a shareholder with an Am Law 100 national labor and employment law firm. In 2012, Ms. Gokenbach left "big law" and founded her boutique labor and employment defense firm. Ms. Gokenbach wanted to create a law firm that would allow businesses of any size to retain experienced and passionate attorneys who provide individual and focused attention to each matter in order to achieve the best possible resolution at a reasonable cost.

Ms. Gokenbach is AV rated by Martindale-Hubbell -- the highest peer review rating for professional excellence for legal expertise, communication standards and ethical standards. In 2021, she was named one of the Top 50 Women Lawyers in Colorado by Super Lawyers Magazine. She is currently the Chair of the Amicus Committee and the Diversity Committee for Worklaw® Network, an international network of more than 350 attorneys in 35 offices across the United States and in Canada, Europe and India, with practices focused on management-side labor and employment law.

Jennifer enjoys staying current on influential topics in employment law that affect her clients. Her insight is published on her legal blog, Colorado Employer’s Law. You can also follow her on Twitter, @employmentlawUS.

Education

University of Denver Sturm College of Law, J.D., 2003

University of Denver Daniels College of Business, M.B.A., 2003

San Diego State University, B.S., Statistics, 1996

Bar Admissions

Colorado, 2003
Florida, 2013
U.S. Court of Appeals, Tenth Circuit, 2003
U.S. District Court, District of Colorado, 2003
U.S. District Court, District of North Dakota, 2006
U.S. District Court, District of Minnesota, 2009
U.S. District Court, Southern District of Florida, 2013
U.S. District Court, District of Utah, 2015

Notable Cases

Ms. Gokenbach's trial experience includes the following:

Successfully argued before the Tenth Circuit Court of Appeals to affirm the U.S. District Court's dismissal of Fair Labor Standards Act (FLSA) collective action lawsuit for alleged tip pooling violations, including invalidity of the U.S. Department of Labor's tip pooling regulation
Prevailed on civil theft claim in favor of media industry employer against former executive after 5-day jury trial
Prevailed on behalf of real estate developer employer in wage dispute after 3-day bench trial
Prevailed on behalf of employer in case alleging unpaid overtime wages after 2-day arbitration
Obtained dismissal with prejudice of Fair Labor Standards Act (FLSA) collective action lawsuit against LoDo restaurant/bar
Prevailed on behalf of medical services employer in appeal of benefits claim involving allegations of disability discrimination after 3-day administrative hearing
Obtained summary judgment and order of sanctions for discovery abuses in favor of energy company in case alleging Title VII and 42 U.S.C. § 1981 race discrimination
Obtained dismissal of misappropriation claim against former executive and new employer in non-compete litigation
Obtained dismissal of lawsuit against fast food restaurant employer for alleged Title VII national origin discrimination and ADEA age discrimination
Successfully argued before the Colorado Court of Appeals to reverse and remand unemployment tax liability determination involving salon workers
Successfully resolved lawsuit brought by Colorado Civil Rights Division for discrimination/harassment against farm employer due to the Division's failure to follow its own rules
Successfully resolved class and collective action against convenience store chain for alleged Fair Labor Standards Act (FLSA) violations
Successfully resolved whistleblower claim involving the False Claims Act against a medical billing employer

Accolades

AV Preeminent Rating®, Martindale-Hubbell, 2013-2022
Thomson Reuters, Colorado Super Lawyers, Employment Litigation: Defense, 2015-2022
Top 50: Women Colorado Super Lawyers, 2021
Top Rated Lawyer – Business Litigation & Labor and Employment, Corporate Counsel and The American Lawyer, 2014 & 2020
Rising Star, Thomson Reuters, Colorado Super Lawyers, Employment & Labor, 2009 & Employment Litigation: Defense, 2010-2013
Up & Coming Lawyer, Law Week Colorado, September 2009
Woman of Accomplishment, Law Week Colorado, July 2009

Speaking Engagements

Monthly Webinars (in partnership with Human Resources Plus):

- Preparing for Two New Colorado Laws: Family and Medical Leave Insurance (FAMLI) and Colorado Secure Saving Program (CSSP), May 3, 2022
- COVID-19 Update for Colorado Employers, Jan. 27, 2022
- Required COVID-19 Pay Update, Sept. 30, 2021
- Q&A: Colorado Healthy Families and Workplaces Act, Colorado Equal Pay for Equal Work Act, Colorado Overtime and Minimum Pay Standards Order, and COVID-19, Jun. 10, 2021
- Colorado Employment Laws You Must Know, Apr. 29, 2021
- Employee Handbook Mistakes and Live Q&A, Mar. 10, 2021
- Learn to Create a Paid Leave Policy in Compliance with the Colorado Healthy Families and Workplaces Act (HFHW), Nov. 18, 2020
- Provisions of and Preparation for Colorado's Equal Pay for Equal Work Act, Sept. 30, 2020
- COVID-19 Wage Claims on the Rise: Are You Properly Paying Out Mandated Federal and State Sick Leave?, Aug. 19, 2020
- Understanding the Latest Colorado Public Health Order and Changes to the Colorado HELP Law, May 7, 2020

Closing Arguments, National Institute of Trial Advocacy - BuildingTrial Skills Program, Denver, Colorado, Dec. 14, 2021
The Changing Employment Law Landscape in a Post-COVID Era, Colorado Bar Association, Labor & Employment Law Section CLE, Oct. 21, 2021
Closing the Gender Gap: Doing More for the Workplace, Denver, Colorado, Nov. 21, 2019
Workplace Investigations: Practitioners' Perspectives, Worklaw® Network Spring Meeting, Miami Beach, Florida, May 3, 2019
U.S. Supreme Court Update, Worklaw® Network Fall Meeting, Charlotte, North Carolina, Oct. 5, 2018
The #MeToo Movement – Confidentiality Provisions in Sexual Harassment Settlements, University of Denver Sturm College of Law, Denver Law Women's Coalition – Panel Moderator, Apr. 3, 2018
EEOC Settlement Agreements & Updates to National Origin Discrimination and Retaliation Guidelines, Colorado Bar Association Labor & Employment Section CLE, Dec. 2, 2016
The EEOC and Transgender Issues, Worklaw® Network Spring Meeting, Louisville, Kentucky, Apr. 30, 2016
Employment Law Considerations: Marijuana and the Workplace, SLS Seminar, Grand Hyatt Denver, Colorado, May 7, 2015
Marijuana and the Workplace, Worklaw® Network Spring Meeting, Philadelphia, Pennsylvania, May 3, 2014
The Latest in FLSA Litigation & Enforcement, Sheraton Hotel, Denver, Colorado, Jul. 13, 2011
Managing the Employee Relationship, University of Denver, Global Human Resources Masters Program Course: Legal, Ethical and Employment Issues in Human Resources, Denver, Colorado, May 11, 2011
Effective Closing Arguments, National Institute of Trial Advocacy, Rocky Mountain Trial Skills Program, Boulder, Colorado, Apr. 14, 2011
Hot Employment Law Topics – What Happened in 2010 & What's Next for 2011, Colorado Society of Certified Public Accountants (CSCPA), CFO Roundtable, Greenwood Village, Colorado, Mar. 25, 2011
Legal Update – 2011 U.S. Supreme Court Decisions, Boulder Area Human Resource Association, March 2011 Chapter Program, Boulder, Colorado, Mar. 17, 2011
Emerging Trends With the Fair Labor Standards Act, Invesco Field at Mile High, Denver, Colorado, Oct. 14, 2010
Wage and Hour Pitfalls & Practical Advice to Avoid Expensive Liability, Boulder Area Human Resource Association, Boulder, Colorado, Aug. 19, 2010
“Legal Update from 2009 & Beyond,” Colorado Human Resource Association (CHRA) Annual Conference, Invesco Field at Mile High, Denver, Colorado, January 2010
Keeping Current and In Compliance with Rapidly Changing Employment Laws, Greenwood Village, Colorado, Nov. 2009
Mergers & Acquisitions: HR & Employment Law Issues, Watson Wyatt Worldwide Seminar, Denver, Colorado, Sept. 2009
Hot Topics in Employment Law, Sterling Education Series, Greenwood Village, Colorado, Nov. 2007
Negotiating Separation Agreements in Difficult Termination Situations, Sterling Education Series, Greenwood Village, Colorado, Nov. 2007
Successfully Managing Today's Problematic Employees: Enforcing Disciplinary Action While Avoiding Expensive Liability, Council on Education in Management, Greenwood Village, Colorado, Aug. 2007

Current Professional Activities

Faculty, National Institute of Trial Advocacy (NITA)
Mentor, Colorado Attorney Mentoring Program (CAMP)
Member, Colorado Bar Association (Labor and Employment Section)
Member, Denver Bar Association
Member, Faculty for Federal Advocates

Past Professional Activities

Boulder Area Human Resource Association (Speaker, 2010-2013)
Colorado Human Resource Association (Speaker, 2010-2012)
Defense Research Institute (Articles Editor, The Job Description, 2007-2012)
Denver Metro Chamber of Commerce (Impact Denver Leadership Program Graduate, 2010)
Habitat for Humanity of Colorado (Board of Directors, 2008-2012)
Metro Volunteer Lawyers Association (Volunteer Lawyer, 2004-2008)
University of Denver Sturm College of Law (Adjunct/Trial Team Coach, 2007-2009)

Publications

"Security Screening for Detention Officers is Compensable Time," Society for Human Resource Management (SHRM), April 21, 2020
"COVID-19 Emergency Paid Sick and Family Leave Laws," Colorado Employer's Law Blog, March 19, 2020
“Lack of Communication Sinks FMLA Claims,” Society for Human Resource Management (SHRM), March 19, 2018
“Mandatory Online Training Compensable, Even Absent Time Records,” Society for Human Resource Management (SHRM), November 9, 2017
“Poor Performance Defeats Muslim Employee's Claim of Discrimination,” Society for Human Resource Management (SHRM), May 10, 2017
“Thorough Investigation into Sex Harassment Complaint Provides Key Defense,” Society for Human Resource Management (SHRM), October 19, 2016
“Fired Female Health Technician Has Triable Sex Bias Claim,” Society for Human Resource Management (SHRM), March 23, 2016
“Deaf Worker's ADA Claim Advances,” Society for Human Resource Management (SHRM), October 2, 2015
“Colorado Supreme Court Rules Medical Marijuana Use Is Not Lawful Off-Duty Conduct,” Colorado Employer's Law Blog, June 15, 2015
“U.S. Supreme Court Reverses 10th Circuit in EEOC v. Abercrombie Hijab Case,” Colorado Employer's Law Blog, June 2, 2015
“Colorado Supreme Court Provides Clarity on Independent Contractors,” Colorado Employer's Law Blog, May 14, 2014
“Enforcement of EEOC Subpoena Seeking Nationwide Data Properly Denied,” Society of Human Resource Management (SHRM) Magazine, March 30, 2012
“Denver's Proposed Paid Sick and Safe Time Ordinance Moves Forward,” Colorado eAuthority, September 19, 2011
“Proposed Denver Paid Sick and Safe Time Ordinance: Nothing to Sneeze At,” Colorado Bar Association CLE Legal Connection, September 10, 2011
“Colorado Supreme Court Issues Employer-Friendly Decision in Important Non-Compete Case,” Colorado eAuthority, June 1, 2011
“Proposed Amendments to Colorado Anti-Discrimination Act to Add Compensatory and Punitive Damages Die in House Committee,” Colorado eAuthority, June 1, 2011
“Colorado Supreme Court Says Continued At-Will Employment is Sufficient Consideration for Noncompetition Agreement,” Colorado Bar Assocition CLE Legal Connection, May 31, 2011
“EEOC Focusing on Class Actions,” Executive Counsel Magazine, February/March 2011 Edition
“Staub v. Proctor Hospital: Will the Uncertainty Surrounding Cat's Paw Liability Be Resolved?,” American Bar Association (ABA) Labor & Employment Law FLASH Publication, November/December 2010
“Employers Face Increased Risk With Caregiver Discrimination,” Defense Research Institute (DRI), The Job Description, December 2010
“Pattern and Practice Cases: EEOC Renews Focus on Systemic Discrimination,” Class Action eAuthority, November 9, 2010
“Tap on the Shoulder Promotion Method, Too Subjective?”, Los Angeles Daily Journal & San Francisco Daily Journals, August 2, 2010
“Noncompete Covenant Enforceability Clarified in Colorado,” Colorado Bar Association, Business Law Newsletter, October 2009
“USERRA: A Potential Minefield, Employers Proceed With Caution,” Defense Research Institute (DRI), The Job Description, Winter 2008
“Trade Secrets and Agreements Not to Compete,” Defense Research Institute (DRI), Non-Compete Compendium, Colorado Chapter, 2008