Mr. Gutierrez is the chair of Holland & Hart's Labor and Employment practice group.  His substantial litigation experience has focused on labor and employment and other tort litigation.  He has tried numerous cases before judges and juries and on appeal in a variety of complex matters in his focused practice area.  Additionally, he regularly consults diverse clients in pre-suit negotiations and resolutions, at hearings for and against emergency injunctive relief, at mediations and before other administrative bodies, including the NLRB, EEOC and Colorado Civil Right Division.

Mr. Gutierrez also advises and provides training to private employers regarding policies and practices relating to employment relationships, workplace violence prevention and other investigatory methods and practices.  He has extensive experience addressing claims concerning wrongful termination, breach of express or implied employment contracts, violation of covenants not to compete, contracts for the protection of trade secrets, employment discrimination, wage matters (including FLSA collective actions), FMLA claims, defamation, torts and claims of retaliatory discharge.

Mr. Gutierrez's extensive judicial and administrative experience provides a strong foundation to assist companies with meeting the varied challenges of the modern business environment.  Mr. Gutierrez adopts a practical and cost-effective method of practice in order to develop solutions to meet business needs and to maintain compliance with federal and state laws.

Mr. Gutierrez is licensed in the United States District Court for the District of Colorado and the Tenth Circuit Court of Appeals.

Member, Workplace Violence Prevention & Intervention Committee

Member, American Bar Association

Member, Employment Law & Litigation Committee, Tort Trial & Insurance Practice Section, ABA

Member, Colorado Bar Association

Member, Colorado Hispanic Bar Association

Member, Defense Research Institute

Steering Committee, Employment Law, Defense Research Institute

Former Chair, Labor & Employment Law Committee, Colorado Defense Lawyers Association

Board Member, Jefferson County Library Foundation

Board Member, Justice Information Center (1996-2004)

Board Member, Clinica Tepeyac (2003-2008)

Member, DRI Trial Tactics Committee

HONORS

Mr. Gutierrez was listed in the 2009 edition of Chambers USA for Labor & Employment.

Mr. Gutierrez was named as a leading trusted advisor in the 2008 Corporate Counsel Black Book for Employment Litigation.

Mr. Gutierrez was selected for inclusion in Colorado Super Lawyers 2009 for Employment & Labor.

Publications

"Obama Expands FMLA Coverage for Military Families Through 2010 National Defense Authorization Act," Holland & Hart News Update, November 2009.

"H1N1 Pandemic - Are You Prepared?" (co-Authored with Jane Francis) Holland & Hart News Update, September 2009.

"The Employee Free Choice Act: Restoring the Middle Class Dream or Bolstering the Influence of Unions?" (co-Authored with Winter Torres) Bloomberg Law Reports, April 2009.

"Blogging in the Virtual Age;" (co-Authored with Tanya Milligan) Privacy & Data Security Law Journal, Volume 3, Number 4, April 2008.

"High Court to Decide Title VII Anti-Retaliation Issue," Colorado Employment Law Letter, Volume 17, Number 3, March 2008

"NLRB: No Statutory Right to Use Email for Union Activities," Common Law Journal, February 25, 2008.

"E-mail Use in Unionized Settings," The Voice, Vol. 7, Issue 7, February 2008.

"Employers beware - the National Defense Authorization Act of 2008 amends the FMLA," Holland & Hart Labor and Employment News Update (February 2008).

"Compensation Arrangements, the FLSA and Overtime Pay," In-house Defense Quarterly (Spring 2007).

"Payroll Fundamentals: Basic Principles to Help You Manage the Payroll Process ," Lorman Education Services (April 2007).

"Notice Requirements Under the FMLA after Ragsdale," For the Defense (March 2005).

"Employment Law, A State-By-State Compendium," The Colorado Employment Law Section (The DRI Defense Library Series: 2006).

In addition to his print publications, Mr. Gutierrez authors a blog at www.coloradoemploymentlawblog.com

Speaking Engagements

Mr. Gutierrez speaks frequently at seminars on litigation strategies, fair employment and labor relations, and has provided training to professionals on a wide range of employment-related topics. He is a frequent presenter at national programs sponsored by various organizations that focus on the employment relationship. He has also authored several articles and seminar materials involving topics related to the employment relationship and workplace investigations techniques and practice, and has been active in workplace violence prevention.

Most recently, Mr. Gutierrez has spoken at Workplace Investigations and Employee Free Choice Breakfast Briefings in Colorado, the 2009 Hospitality Law Conference, the DRI Employment Law Seminar, the 2009 Outdoor Industry Association Rendezvous Conference, and the 2009 Regional Conference for the American Council of Engineering Companies (ACEC). Mr. Gutierrez has also been invited to speak at the Hospitality Law Conference on February 3-5, 2010.