Brett Painter practices primarily in the field of labor and employment law, including litigating and advising clients in the areas of discrimination, harassment, retaliation, unlawful discharge, layoffs, unfair labor practices, employment agreements, noncompetition agreements, union issues, and wage and hour laws. Beyond the employment context, Mr. Painter has a significant commercial litigation practice, which includes prosecuting and defending claims for breach of express and implied contracts, defamation, misappropriation of trade secrets, negligence, and a variety of other business related torts.
Mr. Painter represents clients in a wide variety of industries, from Fortune 500 companies to small, privately held corporations. He strives to provide cost effective representation, with a practical approach to solving legal problems.
Mr. Painter has extensive experience litigating cases across the United States, including jury trials, bench trials, arbitrations, mediations, and hearings. He frequently represents clients in connection with administrative proceedings before the Equal Employment Opportunity Commission, the Colorado Civil Rights Division, the Department of Labor Wage and Hour Division, and the National Labor Relations Board.
Mr. Painter is admitted in Colorado state and federal courts, and has been admitted in other states on a case by case basis. From 2008 through 2010, he served as the co-chair of the Labor & Employment Law Section of the Colorado Bar Association. Additionally, he has been a member of the Workplace Law Advisory Board at the University of Denver Sturm College of Law since 2012. He was named a 2009-2012 Chambers USA Leader in Their Field in Labor & Employment and a 2012 Client Service All-Star by BTI Consulting. He was also selected for inclusion in the 2012 Colorado Super Lawyers. He was named in the 2013 edition of The Best Lawyers in America® for Employment Law.
University of Denver, J.D., Order of St. Ives, 1995
University of Colorado, B.A., with Distinction, Phi Beta Kappa, 1992
Forty-six Davis Graham & Stubbs LLP attorneys have been recognized as 2013 Colorado Super Lawyers or Rising Stars, which is published by Thomson Reuters. The listing will be featured in The Denver Post on March 31 and in the April issues of 5280 Magazine and Colorado Super Lawyers.
Forty-five DGS attorneys were named Best Lawyers® by publisher Woodward/White, Inc. in its annual guide recognizing legal excellence.
Denver Business Journal
DGS partner Brett Painter's comments regarding political talk in the workplace were featured in the Denver Business Journal.
The 2012 edition of the Chambers USA ranked Davis Graham & Stubbs LLP first in Colorado in the areas of Corporate/M&A and Natural Resources & Environment. Chambers USA also recognized DGS for its strong Commercial Litigation and Labor & Employment practices.
Denver Business Journal
News reports that some employers have begun to ask job candidates for their Facebook passwords have stirred a national debate over workers’ right to privacy. The issue also may have you rethinking those photos you posted of yourself doing tequila shots and pole dancing at your neighborhood bar.
40 Davis Graham & Stubbs LLP attorneys have been recognized as 2012 Colorado Super Lawyers or Rising Stars, which is published by Thomson Reuters. The listing will be featured in the April issues of 5280 Magazine and Colorado Super Lawyers.
The 2011 edition of the Chambers USA ranked Davis Graham & Stubbs LLP first in Colorado in the areas of corporate law, including mergers and acquisitions, and natural resources and environmental law, which consists of the traditional and renewable energy sectors as well as the mining industry. Chambers USA also recognized DGS for its strong general commercial and labor and employment litigation practices.
The 2010 edition of the Chambers USA: America’s Leading Lawyers for Business today ranked Davis Graham & Stubbs LLP first in Colorado in the areas of corporate law, including mergers and acquisitions, and natural resources and environmental law, which includes the traditional and renewable energy sectors and the mining industry. Chambers also recognized DGS for its strong general commercial and employment litigation practices.
Davis Graham & Stubbs LLP has been recognized again in Chambers USA: America’s Leading Lawyers for Business in the areas of Environmental, Corporate/M&A, Labor & Employment and Commercial Litigation.
This quarter’s employment alert focuses on recent activity by Congress and the U.S. Department of Labor with respect to the Family and Medical Leave Act ("FMLA"), and activity by the U.S. Equal Employment Opportunity Commission regarding a rule about employee health benefits.
On April 5th, Janet Savage, Andy Low and Dale Harris won a major victory in the Tenth Circuit Court of Appeals. In Heno v. Sprint/United Management Co., the Tenth Circuit reversed a jury verdict for the plaintiff in a race discrimination case.
On April 20, 2004, in an attempt to better accommodate the realities of the modern workplace, the United States Department of Labor (“DOL”) published regulations changing the standards governing whether employees are exempt from the overtime and minimum wage requirements of the Fair Labor Standards Act (“FLSA”). The new regulations go into effect on August 23, 2004 and will affect the overtime eligibility of workers.
Introduction. The legislature significantly revised Colorado’s Wage Act this year. The amendments took effect in August 2003 and are largely employer-friendly. By understanding the nature and impact of the new revisions, employers can more effectively protect themselves against claims under the Act.
I. Employee Theft
Every year in the United States, over a million people become the victims of some form of workplace violence. In a recent survey, more than half of the companies polled reported at least one of their workers had been attacked, stalked, threatened, or killed on the job within the last five years. Too often, we read about these frightening statistics in daily newspapers, which frequently contain headlines of violent confrontations in the workplace.
Age discrimination is prohibited under the Age Discrimination in Employment Act, 29 U.S.C.S. ␣ 621 et seq. (␣ADEA␣). The ADEA was modeled after Title VII which prohibits discrimination in employment because of race, color, religion, sex, or national origin. Like Title VII, the ADEA deals with all aspects of discrimination in the workplace: hiring, assignments, promotions, compensation, environment, and discharges. The ADEA prohibits age discrimination against individuals who are at least 40 years old. In 1986, the upper age limit of 70 years old was removed so that the statute now prohibits discrimination regardless of whether an employee is beyond the age of 70.