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Steven Gutierrez

Partner

555 17th Street, Suite 3200, Denver, CO 80202
P 303.295.8531
OVERVIEW

Steve advises employers how to attract, incentivize, and retain talent and helps his clients effectively handle the varied challenges of the modern employment relationship.

Steve understands that in today’s competitive landscape employees are one of a company’s greatest assets. He helps companies protect trade-secrets, enforce restrictive covenants and meet with Unions to navigate the complex environment of traditional labor. Steve is also an effective advocate in court, has tried numerous cases before judges and juries, and on appeal, in complex labor and employment matters and other tort litigation.

Steve’s focus is to be practical and cost-effective. Steve has also developed proven solutions that help clients maintain compliance with federal and state laws. Steve’s day-to-day counseling and world-class training for managers, supervisors, and HR professionals on policies and best practices is essential to manage risk in the modern workplace.

Steve's extensive experience providing strategic and tactical counsel in pre-litigation 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 Rights Division has saved his clients substantially.

Steve frequently blogs at www.coloradoemploymentlawblog.com. 

EXPERIENCE

Experience

Discrimination Defense
Employment Litigation & Class Actions
  • Administrative proceedings (EEOC and state civil rights commissions)
  • Breach of Contract
  • Defamation and Free Speech
  • Non-Compete and Trade Secrets
  • Wrongful Discharge
  • Employment-related Torts
HR Counseling, Compliance, and Risk Management
  • Employment and Personnel Policies, Procedures, Handbooks
  • Investigations and Audits
  • Non-Competes, Trade Secrets, and Unfair Competition
  • Training for employees, supervisors, managers, executives, Board of Directors
  • Workplace Violence
Union Campaigns, Collective Bargaining, and Labor Arbitrations
  • Elections
  • Negotiating Collective Bargaining Agreements
  • Grievances
  • Unfair labor practice charges
  • Strikes and Picketing
  • Unit Determinations
Wage and Hour
  • Wage and Hour, Equal Pay, Compensation, and Benefits
CLIENT RESULTS

Client Results

  • Steve represented major regional company in Washington state court in defense of commercial claim for breach of contract, breach of the implied covenant of good faith and fair dealing, unfair competition, and trade secret misappropriation. Steve’s client also asserted counterclaims. Plaintiff sought to void an executed non-compete agreement. Steve’s client successfully defended this declaratory judgment action and prosecuted its own counterclaim for breach of contract. 

  • Steve represented a large world-wide company navigate its labor relations by handling numerous grievances to arbitration, contract negotiations, and defense of unfair labor practice.

  • Steve tried to a complete defense verdict in Montana a gender discrimination company in favor of his world-wide transportation company client.

  • Steve has handled a multi-million dollar collective action brought by the EEOC on behalf of numerous Hispanic employees who alleged discrimination in firing and discipline.

  • Steve successfully defended a very contentious and complex race discrimination and retaliation case in Utah federal court. This very important matter for the client involved a significant number of witnesses, substantial investigation, preparatory work by Steve and his client. After targeted discovery, a carefully crafted and detailed motion for summary judgment was filed in the main case. The Court granted summary judgment in favor of client dismissing all claims.

  • Steve has successfully handled several “quickie elections” that have resulted in the defeat of formation of unions throughout the United States.  

  • We assisted our healthcare client with labor negotiations for their 500-employee hospital group. We also have handled several Unfair Labor Practice Charges in Region 28 involving the National Union of Hospital and Healthcare Employees. All negotiations and charges have been favorably resolved. 

PRACTICES

Practices

Labor and Employment
Labor and Management Relations
Employment Litigation and Class Actions
HR Counseling, Compliance, and Risk Management
Wage and Hour
Accommodations, Disabilities, Leaves
Discrimination, Harassment, Retaliation, and Litigation
NEWS AND INSIGHTS

News

Holland & Hart Attorneys Named to 2021 Colorado Super Lawyers, 03/09/2021
Steven Gutierrez Named to Lawdragon 500 Leading U.S. Corporate Employment Lawyers, 12/08/2020
Benchmark Litigation 2021 Recognizes Holland & Hart in Litigation and Employment, 10/15/2020
Holland & Hart Attorneys Named to 2021 Best Lawyers®, 08/20/2020
Holland & Hart Attorneys and Practices Ranked in 2020 Chambers USA, 04/23/2020
Steve Gutierrez is Quoted in Law Week Colorado on "Paid Leave Bills Address COVID-19", 03/16/2020
Holland & Hart Attorneys Named to the 2020 Colorado Super Lawyers List, 03/13/2020
Holland & Hart Recognized in Benchmark Litigation 2020, 10/11/2019
Best Lawyers® Names 20 Holland & Hart Lawyers of the Year and 170 Best Lawyers, 08/15/2019
Chambers USA 2019 Ranks Holland & Hart Lawyers and Practices, 04/25/2019
Steve Gutierrez Recognized among "Top 20 in Traditional Labor & Employment Law" , 4/10/2019
Holland & Hart Attorneys Listed in 2019 Colorado Super Lawyers Magazine, 03/18/2019
Holland & Hart Recognized in Benchmark Litigation 2019, 10/19/2018
Best Lawyers® Names 18 Lawyers of the Year and 175 Best Lawyers from Holland & Hart, 08/15/2018
Chambers USA 2018 Ranks Holland & Hart Lawyers and Practices, 05/03/2018
Holland & Hart Attorneys Listed in 2018 Colorado Super Lawyers Magazine, 03/26/2018
Steve Gutierrez authors Law360 article titled "A Closer Look At 2 Pro-Business Reversals At the NLRB", 12/20/2017
Steve Gutierrez authors Law360 article titled "5 Ongoing Collective Bargaining And Organizing Challenges", 11/01/2017
Best Lawyers® Names 21 Partners 2018 "Lawyer of the Year" and 183 Attorneys to Best Lawyers in America© List, 08/15/2017
Chambers USA 2017 Ranks Holland & Hart Lawyers and Practices, 05/26/2017
Holland & Hart Attorneys Listed in 2017 Edition of Colorado Super Lawyers Magazine, 03/15/2017
Dora Lane and Steve Gutierrez Discuss Impacts of Hold on Proposed Overtime Rule, 11/28/2016
Holland & Hart Colorado Attorneys Named to 2017 Best Lawyers® List, 8/15/2016
Chambers USA 2016 Ranks Holland & Hart Lawyers and Practices, 5/27/2016

Publications

"Colorado Court of Appeals: Terms of Employer's Vacation Policy Control Whether Accrued, Unused Vacation Time Must Be Paid Out at Separation," Holland & Hart Legal Insights, Co-Author, 09/24/2020
"Federal Courts Have Jurisdiction Over Title VII Discrimination Claims Even Where Administrative Remedies Have Not Been Exhausted," Employers' Lawyers Blog, 06/05/2019
"Center of Our Discontent: Past and Future of NLRB 'Quickie Election' Rules," Colorado Employment Law Letter, March 2019
"Interrogatories," Discovery in Colorado, CLE in Colo., Inc., Co-Author, 2018 Ed.
"SCOTUS Employment Cases and Petitions for The Upcoming Term," Employers' Lawyers Blog, September 26, 2018
"Mark Gaston Pearce Nominated for Another NLRB Term," Employers' Lawyers Blog, August 30, 2018
"NLRB Revisiting Use of Employer E-Mail Systems," Employers' Lawyers Blog, August 2, 2018
"SCOTUS Deals Huge Blow to Government Unions," Holland & Hart News Update, 06/27/2018
"Settlement Deal Leaves Status Quo On Joint-Employer Test," 04/03/2018
"McDonald's Deal Leaves Status Quo On Joint-Employer Test," Law360, March 30, 2018
"Settlements Reached in Joint-Employer Case That Could Have Affected Franchisors Nationwide," Employers' Lawyers Blog, March 20, 2018
"Confidential Sexual Harassment Settlements No Longer Tax Deductible," Holland & Hart News Update, 01/09/2018
"Miscellaneous Torts," The Practitioner's Guide to Colorado Employment Law, 2018 Supplement - CBA-CLE, January 2018
"NLRB Overturns Controversial Standards on Joint-Employer Status and Neutral Employment Policies; Questions Quickie Election Rule," Holland & Hart News Update, 12/14/2017
"5 Ongoing Collective Bargaining And Organizing Challenges," Law360, October 30, 2017
"Top Five Ongoing Challenges For Collective Bargaining and Organizing," Employers' Lawyers Blog, October 12, 2017
"Only Certain Types of Speech Are Protected In The Workplace," Employers' Lawyers Blog, August 14, 2017
"Discovery in Colorado," 2017 Edition, Co-Author, Continuing Legal Education in Colorado, Inc., 2017
"No-Recording Policies: May Employers Ban All Worker Recordings?," Employers' Lawyers Blog, June 20, 2017
"Employer's Dispute Resolution Program Did Not Prevent Employee Termination," Employers' Lawyers Blog, May 17, 2017
"Supreme Court Rules That NLRB Acting GC Became Ineligible To Serve After Nomination To Permanent Role," Employers' Lawyers Blog, March 21, 2017
"Union Organizing At Boeing, Yale University, and Elsewhere Show Need For Swift Response," Employers' Lawyers Blog, February 27, 2017
"Practitioner's Guide to Colorado Employment Law," Third Edition, Co-Author, 2016
"Employer Takeaways From Abbott's $4.25M Age-Bias Verdict," Law360, November 2016
"$4.25M Age Discrimination Verdict Tough Pill For Abbott Laboratories to Swallow," Employers' Lawyers Blog, November 2016
"Colorado Hospital Targeted For Alleged Age Discrimination of Nurses," Employers' Lawyers Blog, 9/13/16
"Federal Contractors Face Significant Challenges Under Fair Pay and Safe Workplaces Final Rule," Holland & Hart News Update, Co-Author, 09/01/2016
"NLRB Reverses Position on Grad Student Assistants, Allowing Them to Unionize," August 2016
"Union Remains Active in Health Care Industry Despite Withdrawing Initiative to Cap California Health Care Executive Salaries," Employers' Lawyers Blog, July 2016
"The Human Limits of Human Capital: An Overview of Noncompete Agreements and Best Practices for Protecting Trade Secrets from Unlawful Misappropriation," 36 Employee Relations Law Journal 59, Co-Author, Summer 2010

Speaking Engagements

"Overtime and Minimum Pay Standards ("COMPS") Order," Holland & Hart Colorado Employment Law Webinar, 09/17/2020
"COVID-19 "Return to Work" Considerations from an Employment Law and Benefits Law Perspective," Holland & Hart and Association of Corporate Counsel Colorado Chapter (ACC) Webinar, 05/12/2020
"Hot Topics in Federal and Colorado Employment Law," 2019 Holland & Hart Colorado Employment Law Update, September 18, 2019
"Breakfast Briefing: Workplace Investigations," 04/03/2019
"In a Rapidly-Changing Culture, When Does Appearance Become a Protected Trait?," Colorado Bar Association, Employment Law Conference, September 20-22, 2018
"Hot Topics in Federal, Immigration, and Colorado Employment Law," Panelist, 2018 Holland & Hart Employment Law Update, September 13, 2018
"Sexual Harassment and Discrimination: #MeToo and More," 2018 Holland & Hart Employment Law Update, September 13, 2018
"Confidentiality Provisions in Settlement Agreements," Panelist, Denver University Sturm College of Law, April 3, 2018
"Sexual Harassment Roundtable: New Perspectives and Preventative Strategies," Holland & Hart Breakfast Briefing, 02/22/2018
"NLRB Changes It's Course: What You Need To Do," 02/06/2018
"Workplace Violence: How to Prepare for and Respond to the Unthinkable," 09/21/2017
"Building Your Case Through Written Discovery–Five Things You Need to Know about Interrogatories, Requests for Production of Documents, and Requests for Admission," Co-Presenter, CBA-CLE, July 28, 2017
"Stay Out of Hot Water: Managing Leaves and Accommodations," Co-presented with Megan Holstein, Reed Group, Holland & Hart Webinar, January 2017
"The Changing Landscape of Talent Management," Co-presenter, Holland & Hart Breakfast Briefing, December 2016
"Liking, Sharing and Posting: How to Keep Public and Private Sector Employers out of Trouble in Governing Employees' Use of Social Media," CDLA, November 2016
"The Defend Trade Secrets Act: New Rights and Obligations for U.S. Employers," Employment Law Update Webinar, June 2016
"Trial Tactics: Handling Tricky Marijuana Issues," DRI Marijuana Seminar, June 2016
"Tough Employment Decisions – You Be the Judge," Panelist, Holland & Hart Employment Law Update, May 2016
"Essential HR Training - Legal Issues," Northwest Regional Primary Care Association, April 2016
EDUCATION AND ADMISSIONS

Education

University of Northern Colorado
B.A., 1990
University of Denver College of Law
J.D., 1993

Bar Admissions

Colorado

Court Admissions

U.S. District Court for the District of Colorado
U.S. District Court for the District of Montana
U.S. District Court for the District of Utah
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Tenth Circuit
RECOGNITION

Recognition

  • Chambers USA: America’s Leading Lawyers for Business, Labor & Employment, 2009-2020
  • Lawdragon 500 Leading U.S. Corporate Employment Lawyers, Labor & Employment, 2020
  • Lawdragon The Most Powerful Corporate Employment Lawyers, Top 20 Lawyers in Traditional Labor & Employment Law, 2016-2019
  • Lawdragon The Guide to World Class Employment Lawyers, Employment Law, 2011-2013
  • The Best Lawyers in America©, Litigation – Labor and Employment, 2013-2021; Employment Law – Individuals, 2014-2021
  • Benchmark Labor & Employment, Labor and Employment Star West, 2019, 2020
  • Human Resource Executive, Most Powerful Employment Attorneys, 2016, 2019
  • Human Resource Executive, The Nation’s Most Powerful Attorneys–Up-and-Comers, 2011-2014
  • Colorado Super Lawyers®, Employment & Labor, 2009-2021
  • Martindale-Hubbell®, AV Preeminent™ Peer Review Rated
  • American Lawyer Media and Martindale-Hubbell®, Top Rated Lawyer™ in Labor & Employment, 2013
  • Corporate Counsel Black Book, Employment Litigation, 2008
PROFESSIONAL AND CIVIC AFFILIATIONS

Professional and Civic Affiliations

  • Workplace Violence Prevention & Intervention Committee, Member
  • American Bar Association, Member 
    Employment Law & Litigation Committee
    Tort Trial & Insurance Practice Section
  • Colorado Bar Association, Member
  • Colorado Hispanic Bar Association, Member
  • Defense Research Institute, Member
    Employment Law Section
    Trial Tactics Committee
    Steering Committee
  • Colorado Defense Lawyers Association
    Labor & Employment Committee
  • Justice Information Center, Board Member, 1996-2004
  • Clinica Tepeyac, Board Member, 2003-2008
  • American Diabetes Association, Board Member, 2008-2010
  • Firefly Autism, Board of Trustees, Current Board Chair, 2011-present
DISCLAIMER

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.

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