Overview

Jennifer S. Harpole represents and advises employers on Colorado and federal wage and hour laws, with a particular emphasis on high stakes class, collective, and multiplaintiff actions. She is frequently lead counsel on claims regarding misclassification, minimum wage and overtime matters including regular rate and “off-the-clock” work, meal and rest breaks, commission and bonus plans, joint employment, and the enforceability of arbitration agreements.

Jennifer’s recent representative experience includes successfully moving to dismiss a putative class action based on a novel regular rate theory under Colorado law, which she recently argued before the Tenth Circuit Court of Appeals, as well as negotiating favorable resolutions in Colorado meal and rest period and Motor Carrier Act claims.

Jennifer regularly handles oppositions to conditional certification, class member, company and manager depositions, and complex discovery issues, and has successfully defeated these types of claims on summary judgment. She is also adept at favorably resolving these matters, which often result in multimillion dollar settlements, including shepherding them through the court approval process.

Jennifer also defends companies in connection with federal, state, and local agency wage and hour audits and complaints (including with respect to regular rate issues) and advises clients on all aspects of wage and hour law, including Colorado’s COMPS Order and Equal Pay for Equal Work Act. She relishes finding practical solutions for the complex compliance challenges posed by these state statutes, especially for multijurisdictional employers, and has advised hundreds of employers to date on Colorado’s new job posting requirements. She regularly conducts compliance audits for companies to assess risk of worker misclassification. In addition, Jennifer advises and litigates on the full spectrum of discrimination claims and defends companies in unemployment and workers’ compensation matters.

Jennifer also serves as a liaison for Littler’s Workplace Policy Institute (WPI). She focuses on Colorado state legislative and regulatory developments in employment and labor law, as well as municipal ordinances and regulation of the workplace. Jennifer assists the employer community in understanding and impacting Colorado legislation before it becomes law, submitting comments to regularly agencies to influence the rulemaking process and, where necessary, filing legal challenges to unworkable statutes.

Professional & Community Affiliations

Member

Colorado Bar Association

Recognition

Named, Rising Star

Super Lawyers

2012-2019

News, Analysis & Press

3 Things To Know About Washington's Pay Transparency Law

Law360 Employment Authority

January 23, 2023

Washington Pay Transparency Law Takes Effect

Law360 Employment Authority

January 3, 2023

States and Cities Take Initiative in 2014 to Enact Minimum Wage Hikes

Bloomberg BNA Daily Labor Report

December 23, 2014

Books & Book Chapters

  • A Guide for Colorado Nonprofit Organizations, Colorado Bar Association, Employment Law, Co-Author: Charles Weese, 2009-present

Speaking Engagements

Show and Tell: Pay Transparency and Disclosure Requirements Go Primetime

Littler Executive Employer Conference, Phoenix, AZ

May 11, 2023

Colorado Wage and Hour Laws and Regulations Compliance

Colorado Chamber of Commerce

January 19, 2023

Equal Pay Law Employer Training Workshop

Colorado Chamber of Commerce, Denver, CO

November 2, 2022

Ethics Obligations for In-house Counsel in the Digital World

15th Annual Ethics Day for In-house Counsel, Colorado ACC

December 1, 2021

2021 Rocky Mountain Virtual Regional Employer Conference

Denver, CO

October 6, 2021

Compliance Coffee Talk: Colorado's New Equal Pay Transparency Job Posting and Internal Promotion Notice Requirements

Denver, CO

March 3, 2021

2020 Rocky Mountain Virtual Employer

November 18, 2020

COMPS Order 36 Meets Covid-19: Wage and Hour Traps for the Unwary

June 25, 2020

Federal Employment Law Update

2019 Rocky Mountain Employer Conference Denver, CO

October 4, 2019

Colorado Employment Law Update

2019 Rocky Mountain Employer Conference, Denver, CO

October 4, 2019

The Pay Equity Wave Continues: What You Need to Know to Stay Afloat

Rocky Mountain Employer Conference

September 21, 2018

Wage and Hour Class Action Avoidance: Lessons from Litigators

2017 Littler Rocky Mountain Employer Conference

October 3, 2017

Preparing for Change: Revisions to the FLSA Overtime Regulations

Rocky Mountain Employer Conference

September 21, 2016

DOL Changes Force Increased Focus on Wage and Hour Compliance

2015 Rocky Mountain Employer Conference, Denver, CO

October 7, 2015

The 2014 Rocky Mountain Employer Conference

Denver, CO

October 30, 2014

Education

  • J.D., Duke University School of Law, 2005With Honors
  • B.A., University of Virginia, 2002With Honors

Bar Admission

Colorado
Virginia
District of Columbia

Courts

  • U.S. Court of Appeals, 10th Circuit
  • U.S. District Court, District of Colorado