Susan Sperber's practice emphasizes labor and employment law, religious institutions law, immigration law, and commercial and corporate litigation.
In the employment arena, Susan provides assistance to clients on a wide range of employment-related issues and has tried cases in both state and federal courts, before federal administrative agencies, and before arbitration panels in disputes involving the Americans with Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act and the National Labor Relations Act.
She has also had significant experience working with clients on wage and hour issues, including auditing job descriptions, responding to DOL audits and litigating exempt versus non-exempt statutes.
Susan also advises clients on all types of employment agreements, including non-competition agreements and severance agreements. As part of that work, Susan regularly represents companies in non-competition and non-solicitation disputes and disputes concerning former employee non-disclosure obligations.
Susan regularly works with school clients and religious institution clients on matters affecting their operations.
- Regularly counsels clients on employment matters, including leave issues, wage and hour issues, discrimination and retaliation claims, successful terminations and company best policies and practices
- Has acted as lead counsel in both state and federal court defending employers against discrimination and retaliation claims under Title VII, the ADEA, the ADA, and FMLA, and has had consistent success obtaining complete dismissal of cases on summary judgment
- Successfully obtained dismissal on Constitutional grounds of several cases involving employment claims by former employees against religious institution employers, including successfully arguing for the extension of ministerial exception to common law employment claims
- Has counseled numerous clients regarding seeking or defending against the enforcement of restrictive covenants, noncompetition and non-solicitation clauses, including successfully defending a number of clients against restrictive covenant claims that could have prevented the clients from continuing to operate
- Defended wrongful discharge suit in arbitration by a former employee of a health care organization, in which arbitrator not only ruled in favor of employer, but awarded employer its attorney’s fees incurred in the defense of the case
- Set valuable precedent for employers on the appropriate definition of the term "workweek" in a Fair Labor Standards Act class action matter that she argued before the U.S. Court of Appeals for the Tenth Circuit. Chessin et al. v. Keystone Resorts Management, Inc. set., 184 F.3d 1188 (10th Cir. 1999)
- Obtained beneficial precedent from the Colorado Court of Appeals limiting a defendant’s right to countersue for abuse of process
- Successfully defended an international client from the enforcement of multiple foreign judgments that were obtained without proper notice
- Has successfully handled the defense of hundreds of charges of discrimination filed with both state and Federal agencies, including the Equal Employment Opportunity Commission and the Colorado Civil Rights Division
Susan has represented a wide range of clients, from large, publicly traded companies to small family-owned businesses. Susan has worked with clients in a variety of industries, including clients in the high-tech industry, retail and service industry, medical industry, airline industry, agricultural industry, and building and construction industry. Susan has worked with for-profit clients and not-for-profit clients, including religious organizations and entities.
Susan lectures locally and regionally on a variety of employment-related topics, including wage and hour obligations, family leave obligations, sexual harassment investigations, and ADA compliance.
- Presenter, "How the ADA Amendments ACT Affects You," Colorado Employment Law Conference, May 2009
- Co-Author, "CLIENT ALERT: Texas Judge Issues Nationwide Injunction Against New Overtime Rule and the U.S. Department of Labor Seeks Expedited Appeal," December 6, 2016
- Author, "Hosanna-Tabor Applied," Rothgerber, Johnson & Lyons Client Alert, October 23, 2012
- Author, "Is Your Business Ready for Mandatory Sick Leave?," Rothgerber, Johnson & Lyons Client Alert, September 1, 2011
- Author, "The Internet Age: Technology and the Workplace," Rothgerber, Johnson & Lyons Article, October 1, 2008
- Author, "When is Disparate Pay Actionable? The Law According to Ledbetter," RJ&L Employment Law Update, October 2008
- Author, "The 'My-Employer-Is-Picking-on-Me' Claim," RJ&L Employment Law Update, June 2006
- Co-Author, "The Continuing Violations Doctrine Post-Morgan," The Colorado Lawyer, Volume 32, No. 2, February 2003