Employment Attorney in Denver

We help employees and groups of employees handle wage dispute challenges and claims. If you’re being denied breaks, having your payroll tampered with, being improperly paid for overtime, or missing a last check or commissions–you have rights. We have represented hundreds of employees in negotiation, mediation, arbitration, and litigation in federal and state courts. As experienced, knowledgeable, and passionate employee advocates, we can help you understand your rights and make well-informed decisions in your case. Contact our Denver employment lawyer today.

Representing Employees in Workplace Disputes

Some of our practice areas include:

“They did a great job and worked very hard to make sure I got the most I could and really took care of me. Zack and Stacey was always a call away whenever I needed something.”

Denver Employment Law Cases

Some of our current cases include those listed below. Click the company name for more information. Please contact us if you are interested in making an employment law claim, whether for a company we already have a case against or a different company.

Read About Our Past and Current Cases

• Ayo v. Meadow Vista
• Montano v. Ricoh USA, Inc.
• Colorado State University
• Sage Dentistry a.k.a. “Family and Implant Dentistry of Colorado”

Successfully Litigated and Settled Cases

Meadow Vista Assisted Living, LLC

Our Wage and Hour Team conducted a jury trial on behalf of an individual low-wage-worker for unpaid minimum wage and overtime. She was the lone employee at an assisted living facility in Denver which was licensed for up to 8 residents. We obtained a jury verdict for back wages, penalties, attorneys fees and interest in excess of $850,000. The case was ground-breaking since it clarified and enforced the rights of direct care workers in assisted living units, as well as making a successful claim under Denver’s recently enacted minimum wage ordinance. We believe this to be the largest individual minimum wage award in the history of Colorado, if not the entire United States!

Select Home Care

A home health care employee filed a class action on behalf of herself and other employees in the Denver Metro Area who were not paid one and one-half times their regular rate of pay for overtime (hours worked in excess of 12 per day or 40 per week). The employer, Select Home Care, moved the court to dismiss the case, but that motion was denied. The parties then agreed to a settlement. In March 2018, the federal court approved that settlement.

PDQ Truck, LLC

Interstate drivers sued for the return of thousands of dollars of wages that had been improperly deducted from their paychecks and the paychecks of dozens of other drivers. The drivers believed that PDQ misclassified them as “independent contractors” and committed other violations of federal and state law. In September 2018, the Court certified the case as a class action and approved a settlement for the drivers.

Arteaga-Gomez v. Prestige Corporate Relocation, LLC

Movers sued Prestige Corporate Relocation in January of 2015 for failing to pay time and a half for overtime even though the employees routinely worked more than twelve hours a day and forty hours a week. Click here to read a copy of the Complaint. We at The Wilhite Law Firm were able to reach a Settlement Agreement for our clients on May 18, 2016. The Class Action case settled for $200,000.00.

Bauer v. Glenmoor Country Club

We at The Wilhite Law Firm represented service employees who sued Glenmoor Country Club in February of 2015 for illegally keeping gratuities that belonged to the servers, and for improperly deducting uniform costs from employees’ pay. The Class Action Case Settled for 450.000.00. Click here to read a copy of the Complaint.

Lozoya v. AllPhase Landscape Construction, Inc.

Current and former landscape and snow removal employees filed a lawsuit against their employer for failing to pay them for all the hours they worked, not paying overtime, and making illegal deductions from their pay. Click here to read a copy of the Complaint.

The Judge overseeing this case entered an order granting class certification under state law in favor of our clients. The final order approved the parties’ Joint Motion for Approval of the Settlement Agreement. The case is now resolved and the only outstanding matters are the $412,500.00 payments to be made by All Phase to those who are owed money under the court’s final approval order. We at The Wilhite Law Firm are so pleased to have been able to bring this matter to a successful conclusion for these workers!

Dominguez v. Wilson Roofing Division, LLC

CASE FILED AND QUICKLY SETTLED! After making a demand for payment that went unanswered at the end of 2015, The Wilhite Law Firm filed a federal class action employment law case against a Steamboat Springs roofing company that it alleges did not pay its roofing workers and snow plow operators overtime pay when they worked over 40 hours in a week, or more than 12 hours per day. A copy of the complaint in the action may be read by clicking here. Quickly after we filed the other side contacted us and indicated an interest in trying to settle the matter. In May 2016 the parties met before Magistrate Judge Michael Hegarty who helped craft a settlement to which the parties have agreed.

Fresenius Medical Care Dialysis Services

Registered nurses who perform dialysis sued Fresenius for violating the company’s own contract and Denver Wage and Hour Law by requiring the nurses to work through their rest and lunch breaks and use their personal cell phones for work without reimbursement.

Brewer v. Montrose Memorial Hospital, Inc.

Wilhite& Miller settled a case against Montrose Memorial Hospital on behalf of employees who were misclassified as exempt employees and not paid overtime at a time-and-a-half rate.

Scifo v. Denver Drywall

Employment lawyers Wilhite & Miller settled a case against Denver Drywall Co. on behalf of an employee who was not paid overtime or vacation time, was not reimbursed for his cell phone or mileage, and was terminated several months before his contract was up.

Lester v. The Career Building Academy

Wilhite & Miller worked as co-drafter of the brief for amicus curiae (“friend of the court”) of the Plaintiffs’ Employment Lawyers Association of Colorado which made the winning argument that successful plaintiffs in Colorado wage and hour cases generally should be entitled to attorney’s fees so that they are not prohibited by cost from suing employers for wage theft.

McWilliams v. M.J. Wullschleger & Assoc., P.C., d/b/a/ Cherished Companion

Wilhite & Miller settled a case against Cherished Companion, a veterinary clinic, on behalf of employees who were not paid for all hours worked, not paid overtime, and denied rest and lunch breaks.

Zaragoza v. Swifts Breakfast House, Inc.

Wilhite & Miller won a jury trial against a restaurant that willfully deprived a dishwasher/cook of pay for all hours worked and for overtime pay. The win amounted to the largest known individual recovery for a single restaurant worker in the history of wage and hour litigation in Colorado. Read the verdict here. After the verdict, we reached a confidential settlement with the restaurant’s owner.

Hickey v. Brinker International Payroll Co., L.P., d/b/a Maggiano’s

Wilhite & Miller reached a confidential settlement with Maggiano’s on behalf of banquet servers who allegedly had their tips wrongfully taken by the restaurant.

Watts v. American Property Maintenance, Inc., d/b/a Dream House

Wilhite & Miller reached a settlement on behalf of a class of adult entertainers who were misclassified as tenants or independent contractors, not paid for all their time worked, and not paid overtime.

Tension International, Inc.

In December of 2015, current and former workers at Tension filed their Collective and Class Action Complaint in the Colorado Federal District Court in Denver, CO. The lawsuit claimed that Tension improperly and fraudulently classified its workers as “independent contractors” instead of regular W-2 employees. By improperly misclassifying its workers, Tension failed to pay its employees the premium rate for overtime hours worked. These so-called Independent Contractors were also denied health and workers’ compensation insurance; vacation; holiday and sick pay; contributions to retirement plans; and eligibility for unemployment pay. Furthermore, our clients were wrongfully asked/or required to provide their own liability insurance. In December 2017, the Court approved a settlement for the employees, which was then distributed to the class members.