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.
Susan regularly acts as a resource for her clients involving internal issues as they arise. For example, she has had significant experience handling internal investigations into employee misconduct, and has worked with employers directly or with third party investigators to reach a successful conclusion for her clients. She also routinely works with clients on wage and hour issues, including auditing job descriptions, responding to DOL audits and litigating exempt versus non-exempt statutes. She assists clients with the drafting of policies and procedures to avoid future problems.
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.
Susan provides true value. Her clients describe her as an efficient, analytical, empathetic, and pragmatic lawyer. Susan’s clients consider her a part of their team and appreciate her ability to deal with complex matters promptly. She manages a large portfolio of companies ranging from small clients to institutional Fortune 500 companies. Regardless of the client's size, Susan’s focus is to guide them through tough matters and proactively tackle risky situations.
Outside of work, Susan and her family are travelers at heart. Their most memorable adventure took place several years ago when they traveled for three months around the world. The favorite destination was Vietnam, where they enjoyed the unique food, culture, and history.
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Regularly counsels clients on employment matters, including leave issues, wage and hour issues, harassment, 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 lawyers' 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).
- 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.
- Represented a wide range of clients, from large, publicly traded companies to small family-owned businesses. She 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 educational institutions, religious organizations, and other entities.
Professional & Civic Engagement
- Denver and Colorado Bar Associations, Member
- Faculty of Federal Advocates, member of ad hoc committee for Model Employment Law Jury Instructions, 2012-present
- Federal Magistrate Judge Merit Selection Panel member, 2018
Honors & Awards
- The Best Lawyers in America, Commercial Litigation, 2023-2025
- Benchmark Litigation, Labor & Employment Star, 2021-2024
Thought Leadership
- Companies Delay Voiding Noncompetes With Fate of Ban Uncertain, Bloomberg Law, July 31, 2024
- FTC Votes Through Noncompete Rule, Quoted, PlanAdviser, April 24, 2024
- The FTC is banning noncompete agreements. Did your job search just get easier? Quoted, MarketWatch, April 24, 2024
- FTC Approves Final Rule to Ban All New Non-Compete Agreements in 3-2 Vote, Quoted, IP Watchdog, April 23, 2024
- Shaming of Unvaccinated Escalates, The Colorado Springs Gazette, April 12, 2021
- Presenter, "Workplace Harassment - Best Practices," The Colorado Bankers Association's Inaugural Women in Banking Conference, August 2018
- Presenter, "Managing the Multi-Generational Workforce," Association of Corporate Counsel, December 2017
- Presenter, "How the ADA Amendments ACT Affects You," Colorado Employment Law Conference, May 2009
- Presenter, Stay Connected: Managing the Multigenerational Workplace: Opportunities and Pitfalls A Human Resource Partnership for a Better Workplace, October 18, 2017
- Presenter, Denver: Non-Competition and Non-Solicitation Agreements, and the Protection of Trade Secrets, Non-Competition and Non-Solicitation Agreements, and the Protection of Trade Secrets, May 4, 2016
- Presenter, Denver: The pitfalls of entering into Independent Contractor relationships, January 20, 2016