Eve I. Klein
Partner
Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
USA
Phone: +1 212 692 1065
Fax: +1 212 202 7559
Email: EIKlein@duanemorris.com

Eve I. Klein practices in the area of employment law, labor relations and litigation. She has extensive experience advising clients about their rights and obligations regarding laws and regulations which affect the workplace, including the employment discrimination statutes (e.g., Title VII, ADA, ADEA, NYSHRL, NYCHRL), family and medical leave laws (e.g., FMLA), work eligibility rules (e.g., IRCA), plant closing restrictions (e.g., WARN), union representation, grievance and collective bargaining issues (e.g., NLRA, Taylor law), wage and hour rules (e.g., FLSA), employment contracts, restrictive covenants, tort laws, and employee benefits rules (e.g., ERISA, COBRA). Ms. Klein has also acted as editor of practice group seminar materials, newsletters and client alerts regarding employment and labor law developments.

Clients rely on Ms. Klein for her practical advice and negotiation skills to avoid or resolve disputes without litigation whenever possible and for her vigorous defense of their position when litigation proves necessary.

Ms. Klein is a 1985 graduate of Cornell Law School and a graduate, with distinction, of Cornell University School of Industrial and Labor Relations.

Areas of Practice

• Labor Law and Relations
• Employee Benefits
• Trade Secret Protection
• Litigation Defense and Prosecution
• Advice, Counsel and Negotiation
• Employment Law

Representative Matters

Employment Litigation

• Obtained summary judgment on behalf of a supermarket chain resulting in dismissal of a Connecticut wage and hour class action claim after the court held the fluctuating work week method for paying overtime is lawful in Connecticut.
• Successfully defended action against financial services client by former CEO who sued company for defamation, breach of contract and other torts. Negotiated a de minimus settlement of multimillion-dollar claims after vigorous discovery phase.
• Won summary judgment and complete dismissal of wage and hour class action lawsuit against Fortune 50 national media/entertainment company. A nationwide class certification would have presented threats from literally thousands of plaintiffs.
• Represented brokerage firm in sexual harassment and wage discrimination lawsuit. Obtained summary judgment dismissing the complaint, which was affirmed on appeal by the New Jersey Appellate Division. Anglin v. Prudential Financial.
• Represented pattern maker in federal age and gender lawsuit following reduction in force. Obtained summary judgment in favor of employer. Tullo v. McCall Pattern Co.
• Obtained dismissal of consolidated religious discrimination claims filed with New York State Division of Human Rights against healthcare employer client.
• Represented New York savings bank in federal disability discrimination litigation. Obtained summary judgment in favor of bank affirmed on appeal by the U.S. Court of Appeals for the 2d Circuit. Gronne v. Apple Bank.
• Obtained $1.2 million settlement for restaurant workers in class action to recover minimum wages and overtime pay under Fair Labor Standards Act.
• Successfully defended medical resident in sexual harassment case seeking the termination of his residency and in separate criminal proceeding arising from same facts. Obtained arbitration award and trial verdict in favor of resident.
• Successfully defended airline in multiple actions filed by employees seeking compensation for alleged race, gender and age discrimination. Each case was dismissed on the merits by the relevant human rights enforcement agency.

Employment Advice and Counsel

• Represented numerous companies and executives in many industries in the negotiation and drafting of executive employment agreements, non-compete covenants, trade secret protections, severance and related agreements.
• Conducted compliance training and employment law audits for air transportation, building services, engineering, communications, health care, hotel and restaurant companies.
• Drafted numerous employee handbooks and policy statements for clients in multiple industries.

Labor Management Relations

• Represented employers in collective bargaining with hotel and restaurant workers, health care employees, building services workers, and trucking and transportation employees.
• Handled collective bargaining work involving government agencies, branches and certified bargaining units.
• Represented employer in successful decertification of SEIU, Local 1199 in five-facility unit.
• Acted as counsel for Association of Court Clerks in 14-session fact finding proceeding regarding Association's demand for the payment of a geographic wage differential for downstate workers. Argued before the New York State legislature in support of fact-finder's favorable report, obtaining favorable result.
• Represented large education consortium in arbitration, defending claims initiated by discharged union president. Obtained NLRB award in favor of consortium and dismissal of unfair labor practice charges based on 100-page arbitration opinion.
• Represented financially distressed nursing home in renegotiation of bargaining agreements with technicians, nursing and housekeeping workers during bankruptcy proceedings.

Professional Activities

• American Bar Association
  - Labor and Employment Law Section
• New York State Bar Association
  - Labor and Employment Law Section
  - Member Subcommittee, Practice Before the National Labor Relations Board
• Cornell University, School of Industrial and Labor Relations Alumni Association

Admissions

• New York
• District of Columbia Court of Appeals
• U.S. Court of Appeals for the Second Circuit
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the Northern District of New York
• U.S. District Court for the Western District of New York

Education

• Cornell Law School, J.D., 1985
• Cornell University School of Industrial and Labor Relations, B.S., with distinction, 1982

Experience

• Richards & O'Neil, LLP, N.Y., N.Y., 1994-1997
• Shea & Gould, N.Y., N.Y., 1985-1994
• Duane Morris LLP
  - Partner, 1997-present

Honors and Awards

• Listed in Avenue magazine's Legal Elite, 2010
• Selected as a New York Super Lawyer for labor and employment law, 2006, 2007, 2008 and 2009
• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Selected Publications

• Co-author, "U.S. Supreme Court Issues Unanimous Limited Arbitration Ruling in Oxford Health Plans LLC v. Sutter," Duane Morris Alert, June 13, 2013
• Co-author, "New York DOL Releases Proposed Wage Deduction Regulations," Duane Morris Alert, May 30, 2013
• Co-author, "DOL Issues Final FMLA Regulations," Duane Morris Alert, February 25, 2013
• "Attention New York Employers: Pay Rate Notices Due by February 1, 2013," Duane Morris Alert, January 22, 2013
• "Two NLRB Rules Effective April 30 Affect Most Private-Sector Employers," Duane Morris Alert, April 11, 2012
• Co-author, "Third Circuit Compels Arbitration in Meal Break Case and Finds No Basis for District Court's Unconscionability Ruling," Duane Morris Alert, April 9, 2012
• Co-author, "U.S. Department of Labor Proposes FMLA Regulatory Changes: It's Not Just About the Military Leave Provisions," Duane Morris Alert, March 7, 2012
• Co-author, "Deadline Approaching: New York Employers Have Until February 1, 2012, to Provide All Employees with Annual Wage Notice," Duane Morris Alert, January 24, 2012
• Co-author, "U.S. Supreme Court Recognizes Ministerial Exception and Bars Employment Discrimination Claims by Employees Engaged in Ministerial Functions," Duane Morris Alert, January 13, 2012
• Co-author, "OFCCP Proposes Revisions to Veterans' Affirmative Action Regulations," Duane Morris Alert, May 10, 2011
• Co-author, "Supreme Court Holds That FLSA's Anti-Retaliation Provision Applies to Oral Complaints," Duane Morris Alert, March 28, 2011
• Co-author, "New Labor Law Establishes Additional Notice and Recordkeeping Requirements for New York Employers," Duane Morris Alert, March 15, 2011
• Co-author, "U.S. Supreme Court Broadens Employer Liability by Upholding "Cat's Paw" Theory in Employment Discrimination Case," Duane Morris Alert, March 2, 2011
• Co-author, "Discrimination Suit of Government Contractor's Employee Can Proceed, Despite Denial of Security Clearance," Duane Morris Alert, April 15, 2011
• Co-author, "New York State Orders Increases in Base Wages for Hospitality Industry's Service Employees, and Other Significant Changes," Duane Morris Alert, February 9, 2011
• Co-author, "EEOC Issues Final Regulations Regarding Title II of the Genetic Information Nondiscrimination Act," Duane Morris Alert, November 22, 2010
• Co-author, "Supreme Court Concludes Employer Had Legitimate Interest in Reviewing Employee's Text Messaging," Duane Morris Alert, June 22, 2010
• Co-author, "Department of Labor's New Regulations Require Federal Contractors and Subcontractors to Post Notices Informing Employees of Rights to Join a Union ," Duane Morris Alert, June 2, 2010
• Co-author, "New York's High Court Holds U.S. Supreme Court's Faragher-Ellerth Defense for Employers in Harassment Claims Is Inapplicable Under New York City Human Rights Law," Duane Morris Alert, May 19, 2010
• Co-author, "Employer Tax Benefits in Newly Enacted HIRE Act," Duane Morris Alert, April 5, 2010
• Co-author, "New York Restricts Mandatory Overtime for Nurses," Duane Morris Alert, March 11, 2010
• Co-author, "Navigating the Murky Waters of Employment Waivers and Releases," NYSBA Journal, February 2010
• "Legislative Updates for the Workplace," Assisted Living Executive, January/February 2010
• Co-author, "California Supreme Court Rules "Kin Care" Law Inapplicable to Leave Plans Providing Unlimited or Uncapped Paid Sick Time," Duane Morris Alert, February 25, 2010
• Co-author, "New York Requires Employer-Written Notifications and Additional Recordkeeping for New Hires ," Duane Morris Alert, November 10, 2009
• Co-author, "The Employee Free Choice Act - What's an Employer to Do?" New York State Bar Association Journal, September 2009
• Co-author, "N.J. Appellate Court: Firing an Employee Suing the Company for the Appropriation of Confidential Records Is Not Retaliation," Duane Morris Alert, September 21, 2009
• Co-author, "New Jersey Appellate Court Provides Guidance on How Company Email Policies Should Be Crafted," Duane Morris Alert, September 21, 2009
• Co-author, "An Eye on Workplace Harassment Liability in NYC," Law 360, May 21, 2009
• Co-author, "Employee Free Choice Act Moving Forward Ahead of Schedule: Is Your Company Ready?" Duane Morris Alert, March 13, 2009
• "Employers Must Act Promptly to Comply with the Revised Family and Medical Leave Act Regulations," Duane Morris Alert, December 11, 2008
• Co-author, "Federal Government Issues Final Rule Requiring Federal Contractors to Use E-Verify System," Duane Morris Alert, November 20, 2008
• "The Americans with Disabilities Act Amendments Require Employers to Promptly Review Policies and Procedures to Ensure Compliance with Employee-Favorable Revisions," Duane Morris Alert, October 31, 2008
• "Recent Laws and Events Challenge New York Employers in the Areas of Plant Closings, Overtime and Workers' Compensation," Duane Morris Alert, October 7, 2008
• Co-author, "N.Y.'s High Court Rules Executives Are Covered Employees Under Certain Labor Law Provisions," Duane Morris Alert, June 23, 2008
• Co-author, "California Court Holds That Unlimited Paid Time Off Under a Sick Leave Plan Must Be Available for 'Kin Care'," Duane Morris Alert, June 6, 2008
• Co-author, "FMLA Expanded to Cover Relatives of Military Service Members," HRNow, Spring 2008
• Co-author, "What Did They Say? Deciphering When Remarks Are Evidence of Discriminatory Intent Is A Difficult Task," New York Law Journal, August 27, 2007
• Co-author, "Minimizing the Impact of Stray Remarks," New Jersey Law Journal, April 9, 2007
• Co-author, "When Duty Calls: What Obligations Do Employers Have to Employees Who Serve in the Military," New York State Bar Association Journal, November/December 2001
• "Restrictive Covenants - What Steps Can Employer's Take to Improve Chances of Enforceability," New York Labor Letter, December 2000
• Co-author, "Joint Employer Liability: Ignore the Risks at Your Company's Peril," New York Law Journal, November 1999
• Co-author, "A Rising Tide of Retaliation Claims Challenges Employers to Adopt Adequate Preventative Measures," New York State Bar Association Journal, September/October 1999
• "The Labor and Employment Law Implications of Mergers and Acquisitions," The National Law Journal; International Legal Strategy, January 1994

Selected Speaking Engagements

• Speaker, "Duane Morris' Developments in Workplace Law & Practice 2010," New York, May 12, 2010
• Lecturer, "Recent Issues in Employment Law," Airlines Financial & Accounting Managers Association, January 2008
• Lecturer, "Developments in Workplace Law and Practice," Duane Morris Seminar, May 2003, 2004, 2005, 2006, 2007 and 2008
• Lecturer, "The Impact of HIPAA Privacy Rules on Employers," Frenkel & Co. Briefing, Jan. 30, 2003 / Duane Morris Briefing, Dec. 2, 2002
• Co-panelist, "Labor and Employment Law Considerations in Tough Times: U.S., German/European and Canadian Law Perspectives," New York City, September 17, 2009
• Lecturer, "Advanced Issues Under the National Labor Relations Act," New York State Bar Association, Labor and Employment Section Annual Meeting, Ithaca, N.Y., October 2002
• Lecturer, "Employment, Benefits and Immigration Workplace Development Seminar," Duane Morris Briefing, May 14, 2002
• National Teleconference, "Obligations of Employers to Employees Who Serve in the Military," American Health Lawyers Association, November 27, 2001
• Lecturer, "Staffing Alternatives in the New Millennium," Duane Morris Briefing, November 13, 2001
• Lecturer, "A Sea of Change in Employment Issues," Duane Morris Briefing, June 7, 2001
• Lecturer, "Understanding Harassment and Diversity in the Workplace," Duane Morris Briefing, April 25, 2001
• Lecturer, "The Interplay Between the ADA and the FMLA," Duane Morris Briefing, November 8, 2000
• Lecturer, "Piracy and Privacy in the Workplace," Duane Morris Briefing, May 4, 2000
• Lecturer, "Management's Guide to Union Organizing," Duane Morris Briefing, September 23, 1999
• Lecturer, "Sexual and Other Discriminatory Harassment in the Workplace," Duane Morris Briefing, May 16, 1999
• Lecturer, "The ADA in the Workplace," Duane Morris Briefing, February 20, 1999
• Lecturer, Labor and Employment Issues for Telecommunications, Internet and New Media Companies, Duane Morris Briefing, December 16, 1998
• Lecturer, "Avoiding Liability for Employee Terminations and Downsizing," Duane Morris Briefing, September 15, 1998
• Lecturer, "Investigating Employee Misconduct," Duane Morris Briefings, April 27, 1998 and November 6, 1997
• Lecturer, "Effective Hiring Practices," Duane Morris Briefing, February 24, 1998
• Lecturer, "Common Errors in Overtime Compensation, Tips for Avoiding Liability Under the Fair Labor Standards Act," Duane Morris Briefing, November 7, 1997