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Martine Wells represents employers in all workforce-related matters. While Martine’s goal is to help employers avoid disputes, when necessary, she defends employers in all varieties of employment litigation, including class, collective action, and individual lawsuits involving current and former employees. While her practice is focused on wage and hour claims (off-the-clock, unpaid overtime, tip pools and credits, and misclassification claims arising under the FLSA, the Colorado wage laws and COMPS, and other states’ laws), she also represents employers in discrimination, wrongful termination, and non-compete/non-solicit litigation. Martine is well versed with managing e-discovery issues, experts, and appeals. In parallel to her litigation practice, she regularly advises employers on strategies to mitigate risk in the workplace, including regarding restrictive covenants, hiring and separations, equal pay, and wage and hour issues. She also supports deal teams advising regarding employment issues in mergers, acquisitions, and other transactions, and advises executives related executive employment agreements. Her clients include employers of all sizes across industries, including health care, real estate development, mortgage lending, call center, hospitality, consumer finance, consumer goods, retail, and online gaming.

Concentrations

  • Employment litigation defense
  • Class and collective action defense
  • Employment agreements
  • Noncompete agreements

Capabilities

Experience

  • Won dismissal at the motion to dismiss phase of a manufacturing employee’s class and collective action claim that the unionized employees should have paid for pre-shift donning and doffing of steel-toe boots and related items.°
  • Represented a call center employer in a federal court nationwide class and collective action by employees alleging off-the-clock activities were compensable. Obtained a voluntary dismissal by plaintiffs before the responsive pleading was filed or discovery conducted.°
  • Represented a large luxury resort and casino in federal court wage class and collective action. After hearing and substantial briefing, achieved a partial dismissal of the claims of current and former employees who allege they were not properly paid their tips while working for the client, substantially limiting the timeframe at issue to less than 5 weeks.°
  • Won summary judgment and entry of a costs award on behalf of a large education financial services company in a wage collective action by call center employees alleging payment for pre-shift and post-shift activities like booting up computers. Represented company in subsequent appeal in federal circuit court.°
  • Won preliminary injunction hearing on behalf of online gaming employer, defending allegation that its new employee stole its former employer’s trade secrets and violated his non-compete agreement.°
  • Won summary judgment for a health care employer against an employee terminated for administering unauthorized prescription medication in the workplace.°
  • Won dismissal at the motion to dismiss phase of an employee’s claims that she was wrongfully terminated on the basis of protected characteristics.°
  • Achieved a four-figure settlement—the day before a jury trial—for an employer whose employee alleged that she was wrongfully terminated for advising a co-worker about sexual harassment.°
  • Obtained denial of motion for preliminary injunction in trade secret and restrictive covenant dispute against an executive by a former employer.°
  • Designed a wage compliance program for an employer with over 10,000 hourly employees to ensure all hourly employees were being paid for all working time, designing and providing leadership training and revising policies and practices.°
  • Provided a mortgage lending client with an employment law review of all aspects of a transaction acquiring technology company.°
  • Drafted transaction bonus agreements and associated non-competes for hundreds of employees attendant to the sale of a chemical company.°
  • Prepared employee lease agreement for hundreds of employees attendant to the purchase of a hospitality company.°
  • Advocated on behalf of employers before the U.S. Department of Labor in rulemaking proceedings regarding independent contractor issues and before the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, regarding rulemakings related to COMPS, HFWA, Equal Pay for Equal Work Act, and related.°
  • Served as outside employment counsel to advise on workplace, HR, and compliance matters (including employment agreements, non-compete/non-solicit agreements, terminations, reductions in force (RIFs), investigations, workplace safety, etc.), for companies of all sizes and across industries.°
  • Provide strategic support to deal teams on employment issues to support mergers, acquisitions, and other transactions, for companies of all sizes and across industries.°
  • Seconded on-site with a major retailer to handle its employment counseling and litigation as it wound down its 50-state and international operations in bankruptcy, reporting directly to the general counsel and executive team for several months.°

°The above representations were handled by Ms. Wells prior to her joining Greenberg Traurig, LLP.

  • Legal Intern, U.S. Equal Employment Opportunity Commission, 2008

Recognition & Leadership

  • Listed, Super Lawyers magazine, Colorado Super Lawyers, 2024
    • “Rising Stars,” 2015-2020
  • Listed, Chambers USA Guide, 2022-2023
  • Listed, 5280, Top Lawyers, 2021-2023
  • Fellow, Litigation Counsel of America, 2019-2022
  • Finalist, ColoradoBiz, GenXYZ Top 25 Young Professionals, 2020
  • Board Member, Ronald McDonald House Charities, 2019-2024
  • Member, Law360 Editorial Advisory Board, Employment Authority Wage & Labor, 2024
  • Member, Legal Aid Foundation of Colorado
    • Associates Committee Taskforce, 2011-2016
    • Fundraising Strategies Taskforce, 2016-2017
  • Member, American Employment Law Council, 2022-Present
  • Member, American Bar Association, 2011-Present
    • Labor & Employment Section
      • FLSA Co-Chair, Federal Labor Standards Committee, 2023-Present
      • ADEA Co-Chair, Federal Labor Standards Committee, 2017-2023
  • BNA Bloomberg The Fair Labor Standards Act Treatise
    • Board of Editors, 2018-2021
  • Member, Colorado General Counsel Mentoring Program, Class of 2020
  • Member, Denver Metro Chamber of Commerce Impact Denver, Class of 2019
  • Member, Colorado Bar Association, 2010-Present
  • Member, Colorado Women’s Bar Association, 2010-Present
  • Member, Denver Bar Association, 2010-Present
  • Member, Faculty of Federal Advocates, 2011-Present
  • Member, Wage & Hour Defense Institute, 2019-2023
  • Member, Workplace Law Advisory Board, University of Denver – Sturm College of Law, 2018-Present
  • Advisor, Denver Metro Chamber of Commerce
    • Legal Advisory Committee, 2019-Present
    • Public Affairs Council, 2021-2022
  • Board Member, BabiesNow! Foundation, 2014-2019
  • Volunteer Attorney, Colorado Lawyers Committee, 2011-2015
  • Volunteer Attorney, Colorado Poverty Law Project, 2016
  • Volunteer Attorney, Rocky Mountain Immigrant Advocacy Network

Credentials

Education
  • J.D., University of Denver Sturm College of Law, 2013
  • B.S., Northwestern University, 2003
Clerkships
  • Hon. Russell Carparelli, Colorado Court of Appeals, 2010-2011
Admissions
  • Colorado
  • Idaho
  • Utah