Overview

Joshua B. Kirkpatrick focuses his practice on employment litigation and counseling. 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 many 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). He also 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
  • Non-compete and trade secret litigation

Additionally, he regularly provides workforce training on various topics, including the prevention of harassment and discrimination, and proper wage and hour practices.

Selected Matters

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

Robinson v. Dean Foods Co.: Granting summary judgment to Defendant in 42 U.S.C. § 1981 race discrimination matter.

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

Dubray v. Intertribal Bison Coop.: Upholding award of attorneys’ fees to Defendant following Rule 12 dismissal of Plaintiff’s tort claims.

Professional & Community Affiliations

Member

Colorado Bar Association

Member

Denver Bar Association

Member

Federal Bar Association

Recognition

Named, The Best Lawyers in America©

2016-2019

Named, Leading Lawyers for Business

Chambers USA

2017-2018

News, Analysis & Press

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

Denver Post

December 29, 2006

Josh Kirkpatrick Discusses Minimum Wage Hike

Denver Post

November 9, 2006

Speaking Engagements

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

Spring 2018 NGO General Counsel Forum

June 1, 2018

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

Mile High SHRM

May 31, 2018

Wage and Hour Class Action Avoidance: Lessons from Litigators

2017 Littler Rocky Mountain Employer Conference

October 3, 2017

The Limits of Work Time: What is Compensable Time?

Rocky Mountain Employer Conference

September 21, 2016
2016 Rocky Mountain Employer Conference

Denver, CO

September 21, 2016
The 2014 Rocky Mountain Employer Conference

Denver, CO

October 30, 2014
Romance in the Workplace and What to Do When the Valentine's Roses Die

Denver, CO

March 21, 2013

Converting Good Intentions into Compliance: Effective Pay Practices

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 11, 2012
Wage & Hour Trends

Denver, CO

August 26, 2010

Education

  • J.D., University of Michigan Law School, 1999
  • B.A., University of Memphis, 1995summa cum laude

Bar Admission

Colorado
Montana