As a shareholder in the firm's Labor and Employment practice, Matthew Kapsak recognizes that employers face an ever-changing regulatory environment, which, if not addressed properly, has the potential to lead to legal entanglements that can impact productivity and profitability. Matthew works with Polsinelli's national team of labor and employment attorneys to provide counsel, protect employers' trade secret and proprietary information, and when needed, aggressive defense.
Matthew and the Labor and Employment team assist clients with a broad range of legal services, including:
- Restrictive covenants and trade secret litigation
- Employment litigation defense
- Employment advice and training
- Wage and hour class and collective actions representation
Education
- University of Colorado Law School (J.D., Dean's List, 2016)
- CU Law Review, Casenote & Comment Editor
- American University (BA, magna cum laude, 2007)
Bar Admission
- Colorado, 2016
Court Admissions
- State of Colorado, 2016
- U.S. District Court, District of Colorado, 2017
- U.S. District Court, District of Nebraska, 2019
- U.S. District Court, Eastern District of Michigan
Professional Affiliations
- Law360 Labor & Employment Editorial Board, 2026
- Colorado Bar Association
- Labor & Employment Division
- Employer Side Diversity, Equity, and Inclusion Liaison
- Labor & Employment Division
- Denver Bar Association
- Young Lawyers Division
- American Bar Association
- Faculty of Federal Advocates
- USDC Civil Pro Bono Panel
- U.S. Peace Corps
- Community HIV/AIDS Outreach Volunteer
- U.S. Department of Justice, Antitrust Division
- National Criminal Enforcement Section, Paralegal Specialist
Civic Involvement
- Denver Broncos Stampede Drumline, 2015-present
- Colorado Judicial Institute Young Professionals Committee, 2019-2025
- Chair, 2021-2022
Recognition
- Named to 5280 Magazine’s “Denver’s Top Lawyers” list for Labor/Employment: Defense, 2025-2026
- Participant, Polsinelli Trial Academy facilitated by NITA, 2024
- Named one of Best Lawyers: Ones to Watch® in America in:
- Labor and Employment Law - Management, 2024-2026
- Litigation - Labor and Employment, 2024-2026
Publications
FTC Emphasizes Case-By-Case Approach in Workshop on Noncompete Agreements
Key Takeaways
The FTC indicated it is not pursuing a national rule to ban noncompetition agreements but will continue bringing targeted enforcement actions against agreements it deems overly broad or unjustified.
The agency emphasized it views certain noncompetition agreements, particularly those involving lower-wage or non-specialized roles, as anticompetitive and legally suspect, especially when they lack a clear business justification.
Employers should review existing noncompete agreements to ensure they are narrowly tailored, reasonable in scope and duration and grounded in a legitimate business interest.
The Federal Trade Commission (FTC) has reaffirmed that it will pursue noncompete enforcement through individual cases rather than sweeping rulemaking. In a recent public workshop featuring each of the sitting commissioners and panels of economists and current and former agency attorneys,
Read MoreIndependent Contractor Proposed Rule Would Redefine the Meaning of “Control”
Independent Contractor Proposed Rule Would Redefine the Meaning of “Control”
On October 13, 2022, the U.S. Department of Labor (“DOL”) issued a Proposed Rule in the Federal Registry that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). Among other changes, the Proposed Rule will affect the analysis of whether a potential employer, such as a registry, virtual marketplace, or other agency operating under a consumer-directed service delivery model, is exerting control over a caregiver such that it may be deemed an employer.
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