Steven W. Moore, managing shareholder of the firm’s Denver office, devotes his practice exclusively to the representation of employers in a wide range of labor and employment disputes, including discrimination and wage and hour cases.
Mr. Moore has represented clients, both domestic and international, in the healthcare, transportation, media, energy, technology, electronics, hospitality, retail and financial services industries. He has also represented governmental entities in complex employment litigation involving allegations of constitutional violations.
In addition to litigating single- and multi-plaintiff cases, Mr. Moore has represented employers against class actions involving allegations of systemic discrimination and other civil rights violations. He has defended employers against collective actions under the Fair Labor Standards Act and state wage and hour laws, and has represented employers against pattern and practice cases filed by the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice.
As to administrative proceedings, Mr. Moore represents employers before the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the U.S. Department of Labor and their state counterparts. In recent times, he has represented employers in government investigations, audits, and compliance reviews involving company-wide hiring, promotion, pay, and overtime practices.
Because of Mr. Moore’s litigation experience, companies often call upon him for his advice and counsel with respect to strategic planning and human resources issues, including reductions in force, wage and hour compliance, and the development of personnel policies, employment contracts, and noncompete agreements.
Experience
Experience:
Mr. Moore’s significant representations in the area of class actions, collective actions, and other complex employment litigation include the following:
- Representation of a large telecommunications company in a nationwide collective action filed under the Fair Labor Standards Act alleging overtime violations.
- Representation of a business process outsourcing company in nationwide collective action filed under the Fair Labor Standards Act alleging overtime violations.
- Representation of convenience store and service station company in a hybrid class and collective action seeking overtime compensation and other damages under the Fair Labor Standards Act and state wage and hour laws.
- Representation of a large hospitality company in a nationwide pattern and practice civil action filed by the EEOC involving allegations of systemic discrimination against female employees regarding promotion and pay practices at casual dining restaurants under Title VII of the Civil Rights Act of 1964.
- Representation of large municipality against a hybrid class and collective action seeking overtime compensation under the Fair Labor Standards Act and other state wage and hour laws.
- Representation of a national transportation services provider in a three-week jury trial in a multi-plaintiff racial harassment case filed under 42 U.S.C. § 1981 and California Fair Employment and Housing Act.
- Representation of a large hotel management company in a class action involving state claims under California wage and hour laws.
- Representation of a large grocery company in a Title VII pattern and practice case filed by the EEOC alleging racial discrimination, harassment, and retaliation.
- Representation of a large newspaper against a government enforcement action filed by the EEOC alleging racial harassment against minority employees.
- Representation of a large hospital system against a class action filed by a national union and approximately 4000 putative plaintiff nurses alleging retaliation and constitutional claims related to a union organizing drive.
- Representation of a large municipality in a class action involving 2.45 million class members alleging constitutional claims.
- Representation of a large municipality in a class action where entry-level deputy sheriffs alleged discrimination in compensation.
- Representation of an international airport in a class action involving allegations of racial discrimination against minority employees with respect to the airport’s zero tolerance policy regarding drug and alcohol use.
- Representation of a large municipality in a pattern and practice civil action filed by the U.S. Department of Justice, alleging violations of the Americans with Disabilities Act.
Admitted to Practice:
Colorado
California
U.S. Supreme Court
U.S. Court of Appeals, Sixth, Ninth and Tenth Circuits
U.S. District Court, District of Colorado
U.S. District Court, Central, Eastern, Northern and Southern Districts of California
U.S. District Court, Western District of Michigan
Education and Honors
Honors and Awards:
- Chambers USA Attorney Guide (2010 and 2011)
- Fellow, American Bar Foundation
- Colorado Super Lawyers
- A-V Preeminent Rating by Martindale-Hubbell
Professional Activities
Professional Activities:
- Denver Bar Association
- Colorado Bar Association (Labor and Employment Law Section)
- American Bar Association (Labor and Employment Law Section)
- Co-Editor, American Bar Association’s Labor and Employment Law (2006 to present)
- State Bar of California (Labor and Employment Law Section)
- Transportation Lawyers Association
- Faculty of Federal Advocates
- Denver Metro Chamber of Commerce (CEO Exchange Member)
Speeches:
- Association of Corporate Counsel, Colorado Chapter - "The EEOC's Renewed Focus on Systemic and Class Litigation" - Denver - May 16, 2012
- American Bar Association, Section of Labor and Employment Law, Ethics & Professional Responsibility Committee, 2012 Midwinter Meeting - "Cultural and Linguistic Competence Desired or Required?" - San Francisco - March 24, 2012
- American Bar Association Section of Labor and Employment Law 5th Annual Labor and Employment Law Conference - "Can You Keep a Secret? How to Effectively Communicate Within the Limits of the Attorney/Client Privilege and Work Product Doctrine in an In-Hou - Seattle - November 3, 2011
- American Bar Association Section of Labor and Employment Law Midwinter Meeting 2011 - "Professionalism in the Practice and Candor to the Court: The Ethical Restraints and Considerations" - San Juan - March 26, 2011
- American Bar Association Section of Labor and Employment Law Midwinter Meeting 2011 - "How to Professionally and Ethically Deal with "Rambo" Type Tactics in Discovery" - San Juan - March 25, 2011
- Colorado Bar Association, Section of Labor and Employment Law - "A Primer on Employment Class Actions" - Denver - November 22, 2010
- Association for Accounting Administration, 2010 National Practice Management Conference - "Hottest Issues Across the Nation in Employment and Labor Law" - New Orleans - June 24, 2010
- American Bar Association, Section of Labor and Employment Law, Ethics Committee Midwinter Meeting - "Disqualification of Opposing Counsel Under ABA Model Rule 3.7 Lawyer as Witness" - Coronado - March 27, 2010
- Association for Accounting Administration, 2009 National Practice Management Conference - "Hottest Issues in Employment and Labor Law" - Denver - June 18, 2009
- American Bar Association, Section of Labor and Employment, Ethics Committee Midwinter Meeting - "Getting Out: When a Lawyer Withdraws From Representation" - Key West - March 28, 2009
- American Bar Association, Section of Labor and Employment Law, National Conference on Equal Employment Opportunity Law - "Ethics for the Employment Lawyer" - Tucson - March 29, 2008
- American Bar Association, Section of Labor and Employment Law, Ethics Committee Midwinter Meeting - "Internet Advertising—Websites, Google Ads, Email Solicitations, and More (Moderator)" - Tucson - March 29, 2008
- American Bar Association, Section of Labor and Employment Law, First Annual CLE Conference - "What’s Reasonable: Application of the New Federal Rules and State Rules on ESI to the Discovery Process and the Impact on Employees, Employers, In-House and Outs - Philadelphia - November 9, 2007
- American Bar Association, Section of Labor and Employment Law, First Annual CLE Conference - "Brave New World of E-Discovery in Employment Class Actions" - Philadelphia - November 9, 2007
- American Bar Association Annual Meeting - "Ethical Issues in Employment Class Actions" - San Francisco - August 11, 2007
In The News
Media Quotes:
- December 2011 - Inside Counsel - "Year in Review"
- September 27, 2010 - Denver Business Journal - "Cracking Down on Employees’ Benefits Status"
- August 10, 2010 - Law Week Colorado - "Legal 500: Recession Boosts Employment Practice"
- June 7, 2010 - Denver Business Journal - "Downturn Layoffs Could Spur Discrimination Layoffs"
- May 1, 2010 - Corporate Counsel Magazine - "What's Next"
- April 15, 2010 - Corporate Counsel Magazine - "Top labor and employment lawyers gaze into their collective crystal ball and offer up predictions about what they expect in the years ahead. One thing they all agree on: They’re Going to Be Busy."
- March 26, 2010 - Law360 - "Court Splits on Scope of Ledbetter's Other Practice"
- January 29, 2010 - Law 360 - "Ogletree To Open Denver Office with Class Action Ace"
- January 29, 2010 - Denver Business Journal - "Atlanta Law Firm to Open Downtown Denver Office"
- April 2009 - ABA Journal - "FMLA Gets a Facelift: New Rules Are More Employer-Friendly, Attorneys Say"
Published Works:
- September 26, 2011 - Inside Counsel - "Labor: Using Class Action Waivers in Employment Arbitration Agreements"
- August 29, 2011 - Inside Counsel - "Labor: Examining Employees' ESI in Employment Litigation"
- August 15, 2011 - Inside Counsel - "Labor: Entering a New Paradigm with Reasonable Accommodation"
- August 1, 2011 - Inside Counsel - "Labor: What You Need to Know About FLSA Collective Actions"
- July 18, 2011 - Inside Counsel - "Labor: Avoiding Discrimination Class Actions"
- July 6, 2011 - Inside Counsel - "Labor: Courts Keep Sanctioning EEOC in Class Litigation"
- February/March 2011 - Executive Counsel Magazine - "EEOC Focusing On Class Actions"
- November 9, 2010 - Ogletree Deakins Publication - "Pattern and Practice Cases: EEOC Renews Focus on Systemic Discrimination"
- Spring 2010 - ABA Labor and Employment Law - "Supreme Court: No Class Arbitration if Contract Silent"
- October 2009 - CPA Practice Management Forum - "Major Developments and Trends in Employment Law"
- Summer 2009 - ABA Labor and Employment Law - "Firefighter Plaintiffs Prevail in Landmark Supreme Court Case"
- Summer 2009 - ABA Labor and Employment Law - "Court Rejects Mixed-Motives Theory for Age Discrimination"
- Winter 2008 - ABA Labor and Employment Law - "Cooper Calls Employers Winners in Supreme Court Term"
- Summer 2008 - ABA Labor and Employment Law - "Equal Protection Class-of-One Claims Rejected in Public Employment"
- Spring 2008 - ABA Labor and Employment Law - "Nine Justices Say ‘Me Too’ on Coworker Evidence Remand"