Joshua B. Kirkpatrick

jkirkpatrick@littler.com
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Joshua B. Kirkpatrick provides 24/7 service and pragmatic advice to clients. He represents clients in a wide range of employment and labor law matters in federal and state court in Colorado and Montana, in arbitration and mediation, and before numerous government agencies. He has litigated hundreds of cases arising under dozens of laws regulating the employment relationship, including cases involving claims of discrimination, harassment, and retaliation.

Josh has extensive litigation experience relating to state and federal wage and hour issues, including many claims that have involved attempts by plaintiffs to obtain class action or collective action treatment. His practice also focuses on consulting with a wide range of employers on wage and hour compliance, ensuring best practices, and avoiding class litigation. He is a core member of Littler’s Wage and Hour practice group.

Josh has particular knowledge of legal issues involving the contingent workforce impacting companies in the staffing, recruiting, PEO, and “gig economy” industries. He is legal counsel for the National Association of Personnel Services (NAPS).

Josh frequently partners with clients on the benefits and risks of introducing artificial intelligence systems in the workplace. He is a member of Littler’s AI & Technology Practice Group and chairs the Firm’s AI Governance Committee with respect to internal development and deployment of AI tools.

Josh has significant clients in the following industries:

  • Financial services and “Fintech”
  • Internet and technology
  • Hospitality and restaurant
  • Broadcasting
  • Retail
  • Construction

Josh frequently presents before attorneys, human resources professionals and employer organizations on:

  • Wage and hour issues
  • Workplace discrimination and harassment
  • Contingent workforce issues
  • Artificial Intelligence

Selected Matters

Romero v. Altitude Entertainment & Kroenke Sports:  Secured complete defense verdict following a week-long federal jury trial alleging discrimination and retaliation.

Ensey v. Mini Mart, Inc.: Montana Supreme Court decision upholding constitutionality of arbitration and fee shifting provisions in Wrongful Discharge from Employment Act.

EEOC v. Beverage Distribs. Co., LLC: Reversing jury verdict on the basis of faulty jury instruction in ADA litigation versus EEOC.

Credentials & Recognition

Speaking Engagements

Hold on to Your Hat!: The 2019 Wage and Hour Litigation and Legislation Update

  • October 4, 2019
  • 2019 Rocky Mountain Employer Conference, Denver, CO

Colorado Employment Law Update

  • October 4, 2019
  • 2019 Rocky Mountain Employer Conference, Denver, CO

Ethical Issues - Can They Really Do That? Ethical Minefields and How to Dodge Them

  • December 6, 2018
  • Association of Corporate Counsel 12th Annual Ethics Day for In-House Counsel

Lessons in Risky Pay Practices in the Energy Industry

  • October 16, 2018
  • Breakfast Briefing, Houston, TX

Navigating Independent Contractor Compliance Under the Shifting Legal Landscape

  • September 21, 2018
  • Rocky Mountain Employer Conference

Employment Update- #MeToo Movement- Preventing and Responding to Sexual Harassment Claims

  • June 1, 2018
  • Spring 2018 NGO General Counsel Forum

Pay Equity: Public Pushes Gender Equity & Legal Battleground Moves to States

  • May 31, 2018
  • Mile High SHRM

Wage and Hour Class Action Avoidance: Lessons from Litigators

  • October 3, 2017
  • 2017 Littler Rocky Mountain Employer Conference

The Limits of Work Time: What is Compensable Time?

  • September 21, 2016
  • Rocky Mountain Employer Conference

Additional Thought Leadership

Josh Kirkpatrick Notes that Storms Don't Give Days off to Workers

  • December 29, 2006
  • Denver Post

Let us know how we can help you navigate your particular workplace legal issues.