Jennifer L. Gokenbach

Jennifer L. Gokenbach, Partner

Before forming The Workplace Counsel, Ms. Gokenbach was a shareholder with an Am Law 100 firm with over 700 lawyers.  In 2012, Ms. Gokenbach left BigLaw and founded her own 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.

She is currently the Chair of the Amicus Committee for Worklaw® Network, an international network of more than 350 attorneys, all of whom practice exclusively in labor and employment matters for employers.  Ms. Gokenbach is AV rated by Martindale-Hubbell, the highest peer review rating for professional excellence for legal expertise, communication standards and ethical standards.

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 against farm employer involving alleged sexual harassment claims 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 to present
• Super Lawyer, Thomson Reuters, Colorado Super Lawyers, Employment Litigation: Defense, 2015-2020
• 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

• "Provisions of and Preparation for Colorado's Equal Pay for Equal Work Act," Webinar, September 30, 2020
• "COVID-19 Wage Claims on the Rise: Are You Properly Paying Out Mandated Federal and State Sick Leave?," Webinar, August 19, 2020
• "Understanding the Latest Colorado Public Health Order and Changes to the Colorado HELP Law," Webinar, May 7, 2020
• "Closing the Gender Gap: Doing More for the Workplace," The Workplace Counsel, Denver, Colorado, November 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, October 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, April 3, 2018
• “EEOC Settlement Agreements & Updates to National Origin Discrimination and Retaliation Guidelines,” Colorado Bar Association CLE, Hot Topics in Employment Litigation: Managing High-profile Cases, Implicit Bias & Other Challenges, December 2, 2016
• “The EEOC and Transgender Issues,” Worklaw® Network Spring Meeting, Louisville, Kentucky, April 30, 2016
• “Employment Law Considerations: Marijuana and the Workplace,” SLS Seminar-Managing Risk in Providing Depository Services to MRBS and Other Cash Intensive Businesses, 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,” Breakfast Briefing, Sheraton Hotel, Denver, Colorado, July 13, 2011
• “Managing the Employee Relationship,” Global Human Resources Masters Program Course: Legal, Ethical and Employment Issues in Human Resources, University of Denver, University College, Colorado, May 11, 2011
• “Effective Closing Arguments,” National Institute of Trial Advocacy, Rocky Mountain Trial Skills Program, Boulder, Colorado, April 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, March 25, 2011
• “Legal Update – 2011 U.S. Supreme Court Decisions,” Boulder Area Human Resource Association, March 2011 Chapter Program, Boulder, Colorado, March 17, 2011
• “Emerging Trends With the Fair Labor Standards Act,” Breakfast Briefing, Invesco Field at Mile High, Denver, Colorado, October 14, 2010
• “Wage and Hour Pitfalls & Practical Advice to Avoid Expensive Liability,” Boulder Area Human Resource Association Annual Benefit & Legal Update, Boulder, Colorado, August 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,” Breakfast Briefing, Greenwood Village, Colorado, November 2009
• “Mergers & Acquisitions: HR & Employment Law Issues,” Watson Wyatt Worldwide Seminar, Denver, Colorado, September 2009
• “Hot Topics in Employment Law,” Sterling Education Series, Greenwood Village, Colorado, November 2007
• “Negotiating Separation Agreements in Difficult Termination Situations,” Sterling Education Series, Greenwood Village, Colorado, November 2007
• “Successfully Managing Today's Problematic Employees: Enforcing Disciplinary Action While Avoiding Expensive Liability,” Council on Education in Management, Greenwood Village, Colorado, August 2007

Publications

 Professional Activities