Brett M. Wendt

(303) 292-7868
(303) 292-7799 Fax

Mr. Wendt is an accomplished trial attorney in Kutak Rock LLP’s Denver office, where he is a member of the firm’s National Employment Group. Mr. Wendt represents national, regional and local clients in all matters related to business and employment law. He has tried dozens of cases in both federal and state courts in Florida and Colorado. In addition to his law firm practice, Mr. Wendt previously served as vice president and general counsel for the nation’s largest underground utility locate company where he managed outside counsel in 26 states with a keen eye toward litigation avoidance and efficient resolution.

Employment Litigation and Counseling. Mr. Wendt’s practice encompasses every aspect of employment law: day-to-day counseling, training, administrative agency proceedings, labor and litigation. His ability to immediately evaluate claims and his expertise in defending a broad range of employment-related disputes cause employers to seek his counsel during all phases of the adversary process beginning with the receipt of the initial complaint, during the investigative stage, and continuing through trial, if necessary. Mr. Wendt routinely works with clients in resolving discrimination, wage and hour class actions (including FLSA collective actions), civil rights, hostile work environment, FMLA, retaliation, non-competition agreements and wrongful termination matters.

Representative Matters
Mr. Wendt has represented clients in the following:

  • Obtained summary judgment for regional fire protection and alarm installation company on claims of pregnancy discrimination and retaliation.
  • Favorable settlement of FSLA collective action wage and hour lawsuit for publicly traded company.
  • Dismissal of EEOC charge of discrimination based on fraudulent and false claims of harassment and retaliation for hospitalists medical group.
  • Resolution of age-related and retaliation claims for one of the largest non-profit organizations in the world that is dedicated to releasing children from spiritual, economic, social and physical poverty.
  • Positive outcome in a discrimination/ESL claim on behalf of one of the nation’s largest organic dairies.
  • Dismissal of claim for discriminatory treatment based on race and in retaliation for reporting alleged violations of the company’s Employment Handbook related to wage and hour concessions, vacation policies and PTO programs, for an international call center.
  • Representation of a national health care provider for alleged violations of internal policies and unfair treatment related to pregnancy discrimination.
  • Counsel to a non-profit educational institution related to alleged claims of wrongful termination based on a pregnancy and in violation of the FMLA.
  • Preparation of employment agreements for a compounding pharmacy for its key employees, including non-competition, non-disparagement and disclosure of confidential and/or proprietary information.
  • Representation of an international oil and gas company for alleged wrongful discharge based on race and retaliation.
  • Modification of policy manuals for national and regional employers in response to the governance and implementation of medical marijuana and legalized marijuana laws.
  • Preliminary injunction related to enforcement of non-competition agreements for a regional wholesale produce distributor.
  • Counsel and resolution of a hostile work environment claim for an international fire and water damage restoration and dry cleaning company.
  • Analysis and implementation of WARN Act policies for a regional financial institution.
  • Implementation and counsel related to the furlough of employees for a regional bio refinery company.

In 2011 Mr. Wendt was appointed to the Board of Directors for USA Ski Cross, a nonprofit organization dedicated to promoting U.S. athletes in international ski cross competitions around the world.

Finally, Mr. Wendt frequently lectures on developing areas of employment and business law, most recently addressing the dynamics of an ICE raid, best practices for workplace holiday celebrations, and ongoing and evolving employment concerns related to medical and legalized marijuana.


  • The Dynamics of an ICE Raid
  • Employment Best Practices: workplace celebrations
  • Collective Actions and Other Critical Areas of Interest Under the Fair Labor Standards Act
  • Termination Without Representation
  • Social Media and the Workplace – What Every Attorney Needs to Know
  • Employee Misclassification and Unintended Consequences
  • Damage Prevention
  • It Looks Good on Paper, but Will it Win in the Courtroom
  • Watching the Watchdogs- Employee Misclassification Under the FLSA