Photo of Jennifer Gokenbach

Jennifer Gokenbach is an attorney and the founder of a woman-owned employment defense firm in Denver, Colorado. Her law firm is the exclusive Colorado firm for Worklaw® Network, a network of independent law firms with focused practices on labor and employment matters in the U.S. and abroad.

Healthcare Debate.jpgAs the first anniversary of the Patient Protection and Affordable Care Act approaches (it was signed into law March 23, 2010), 5 district courts across the nation have addressed the constitutionality of this controversial piece of legislation (U.S. District Court, Northern District of Florida (PDF)U.S. District Court, Eastern District of Michigan (PDF)

Colorado, like many other states, has both a state employment discrimination agency, the Colorado Civil Rights Division (CCRD), and the federal Equal Employment Opportunity Commission (EEOC).  The state and federal agencies have a worksharing agreement in place that authorizes shared responsibilities in reviewing and investigating charges of discrimination. Practically speaking, this means that an

SnowDay.jpgI have received quite a few requests for inclement weather policies of late, and since the topic of “snow days” frequently arises this time of year, I wanted to provide some (hopefully) useful information for employers.  The question of whether an employer is obligated to pay employees for “snow days” depends largely on two questions:

  1. Is the

ADAAA Image.jpgHR.BLR.com reported today that the Equal Employment Opportunity Commission (EEOC) has privately approved its final draft regulations under the ADA Amendments Act (ADAAA).  So, where does that leave us?  First, the Office of Management and Budget (OMB), a federal agency that must clear rules and regulations before they are published, will have 90 days to review the final

On November 17, 2010, the Cloture Motion to proceed with the Paycheck Fairness Act in the Senate failed 58-41.  In other words, a petition for cloture (or, a request to proceed with limited debate on the legislation) was before the Senate regarding the Paycheck Fairness Act.  To proceed, a petition for cloture requires a 2/3 majority, or

On October 28, 2010, in Carruthers v. Carrier Access Corporation, the Colorado Court of Appeals affirmed a district court’s discretionary award of attorney fees in favor of a prevailing employer in a Colorado Wage Act case.  This is a significant ruling interpreting the 2007 amendments to the Colorado Wage Act, C.R.S. 8-4-101 et seq.

Earlier this year, the Obama Administration was heavily criticized for its rush to judgment against Shirley Sherrod, the then-Secretary of Agriculture.  After allegations of racist remarks at an NAACP meeting in Georgia, the Administration demanded her immediate resignation.  Only problem — the video showing the alleged racist statements had been edited.  If only the decisionmakers had paused, took

I heard a statistic today that the Equal Employment Opportunity Commission (EEOC) is expecting over 100,000 charges in FY2011 – the highest number ever in its history.  Dealing with an increasing number of discrimination, wage & hour, and other employment-related claims is, unfortunately, the state of affairs in the workplace for some time to come.