Attorneys

img-attorney1Jennifer L. Gokenbach is the founding member of Gokenbach Law, LLC. She regularly represents businesses of all sizes in federal and state courts across the United States and in administrative proceedings, including those before the Equal Employment Opportunity Commission, the Civil Rights Division, and the Department of Labor. She also enjoys teaching trial skills as a faculty member with the National Institute of Trial Advocacy and mentoring new lawyers with the Colorado Attorney Mentoring Program (CAMP).

When she’s not championing her clients’ rights in court, Jennifer strengthens her knowledge in the field of employment law by blogging and tweeting about current and influential topics that affect her clients. The insight she uniquely provides is available on her legal blog – Colorado Employer’s Law. You can also follow what Jennifer has to say on Twitter at @employmentlawUS.

Education

  • University of Denver Sturm College of Law, J.D., 2003
  • University of Denver Law Review, General Editor (2002-2003) & Staff Editor (2001-2002);
 President, Moot Court Board (2002-2003); 
National Champion, National Student Trial Advocacy Competition, New Orleans, Louisiana (2003)
; Regional Champion, National Student Trial Advocacy Competition (2003); 
Clinical Work, Student Attorney, Domestic Violence Student Law Office (2002);
 Research Assistant, Dr. John Reese, Administrative Law (2001-2003); Law Intern, U.S. Attorney’s Office, District of Colorado (2002-2003)

  • 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

  • Obtained dismissal of Fair Labor Standards Act (FLSA) collective action lawsuit based on alleged tip pooling violations against catering company
  • Obtained dismissal with prejudice of Fair Labor Standards Act (FLSA) collective action lawsuit against LoDo restaurant/bar
  • 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 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 two classes of workers of pet grooming business
  • 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
  • Advocated in numerous multi-day arbitration proceedings on behalf of companies, employers and business owners, including breach of contract claims and shareholder disputes
  • Resolved numerous ADA, ADEA, Title VII, and wrongful termination claims on behalf of employers

Speaking Engagements

  • “The EEOC and Transgender Issues,” Worklaw® Network Semi-Annual 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 Semi-Annual 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

  • 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 Associate (ABA) Labor & Employment Law (LEL) 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 (CBA) 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

Accolades

Activities & Community Service

  • American Bar Association (Labor and Employment Section)
  • Boulder Area Human Resource Association (Speaker)
  • Colorado Attorney Mentoring Program (CAMP) (Mentor, 2015 to present)
  • Colorado Bar Association (Labor and Employment Section & Lawyer’s Professional Liability Committee)
  • Colorado Human Resource Association (Speaker)
  • Denver Bar Association
  • 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)
  • National Institute of Trial Advocacy (Faculty, Rocky Mountain Trial Skills & Deposition Skills Programs, 2010-present)
  • University of Denver Sturm College of Law (Adjunct/Trial Team Coach, 2007-2009)
  • Worklaw® Network (Exclusive Colorado Firm & Chair, Amicus Committee)

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