Eve I. Klein serves as Chair of Duane Morris’ Employment, Labor, Benefits and Immigration Practice Group and serves as the firm’s employment counsel. Ms. Klein has over 30 years of experience representing businesses in all aspects of employment law, management labor relations and employment-related litigation. Ms. Klein has extensive experience advising clients about their rights and obligations regarding the complex and frequently changing federal, state and local laws and regulations which affect the workplace. Ms. Klein counsels clients on day-to-day workplace matters, in mergers and acquisitions and in protecting company good will and proprietary information.
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 regularly handles complex labor and employment litigation brought by current and former employees and labor unions, in state or federal court and before administrative agencies. Ms. Klein advises and defends employers in connection with issues and claims involving the employment discrimination statutes, disability accommodation obligations (both employment and public accommodation), family and medical leave laws, employee recruitment and work eligibility rules, plant closing restrictions, wage and hour rules and employee benefits. Ms. Klein frequently defends employers in wage and hour class action litigation. She also helps businesses draft employment agreements, including those with restrictive covenants, and has a wealth of experience litigating issues relating to the enforceability of restrictive covenants.
Ms. Klein has significant experience in the representation of employers in labor relations under the National Labor Relations Act and the Taylor law, including in union representation and decertification elections and unfair labor practice proceedings. For clients that are unionized, Ms. Klein represents them in collective bargaining and grievance arbitration. Ms. Klein has handled collective bargaining for clients in a variety of different sectors. She has successfully represented unionized employers in hundreds of arbitration proceedings. Ms. Klein also represents employers in labor litigation, which runs the gamut from enjoining unlawful picketing activity, enforcing employer rights in connection with agreements to arbitrate and defending employers in withdrawal liability proceedings brought by multi-employer pension funds.
Ms. Klein also serves as editor of the practice group’s client alerts regarding employment and labor law developments. She is a frequent speaker on employment and labor issues for clients, business groups and educational institutions. Ms. Klein has been recognized as one of the top 100 leading women lawyers in New York City in Crain’s 2018 Legal List, in Best Lawyers in America since 2005 and frequently in New York Super Lawyers for labor and employment law since 2006.
Ms. Klein is a 1985 graduate of Cornell Law School and a graduate, with distinction, of Cornell University’s School of Industrial and Labor Relations.
Areas of Practice
- Employment Law
Management Labor Relations
Employment Advice and Counseling
Wage and Hour Litigation
Restrictive Covenant Litigation
Collective Bargaining Negotiations
Human Resources and Management Training
Alternative Dispute Resolution, through negotiations, mediation and arbitration
ADA Title I and III Litigation
- Won Second Circuit appeal of race discrimination case on behalf of healthcare provider. Toussaint v. New York Dialysis Services, Inc.
- Won dismissal of class action wage and hour law suit on behalf of national home remodeling company in the Federal District Court for the Southern District of New York; court compelled arbitration and enforced class action waiver. Muslim v. Power Home Remodeling Company .
- Won appeal of Connecticut Department of Labor decision that national home remodeling company’s installers were misclassified as independent contractors; Connecticut Superior Court determined that company satisfied ABC test and properly classified installers as independent contracts. Connecticut Department of Labor v. Power Home Remodeling Company
- Defeated application for preliminary injunction on behalf of computer hardware industry company, following trial in New York State Supreme Court, Albany County; court ruled restrictive covenant agreement its employee had with its prior employer unenforceable on preliminary injunction on the ground it was obtained by economic coercion. Integra v. OSI Hardware .
- Won dismissal of two complaints alleging breach of contract and the duty of fair representation in violation of the Labor Management Relations and disability discrimination in violation of the New York State Human Rights Law in the Federal District Court for the Eastern District of New York. Torres v. Pinelawn Memorial Park and Tankewiecz v. Pinelawn Memorial Park .
- 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 in the Federal District Court for the Southern District of New York. Tullo v. McCall Pattern Co.
- Represented New York savings bank in federal disability discrimination litigation. Obtained summary judgment in favor of bank, which was affirmed on appeal by the Second Circuit Court of Appeals Gronne v. Apple Bank.
- 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 to be lawful in Connecticut. Roach v. Save-A-Lot
- Obtained settlements that the clients found to be favorable in ADA Title III disability discrimination cases on behalf of real estate developer, bank and REIT related to accessibility of a mall, a store and a website.
- Obtained settlement that the client found to be favorable on behalf of executive coach allowing him to maintain clients and business in the face of suit filed by national firm he had worked for in the Federal District Court for the Southern District of New York, seeking to enforce restrictive covenants.
- Obtained settlement that the client found favorable on behalf of home healthcare agency in a Fair Labor Standards Act and New York State class action lawsuit alleging failure to properly pay minimum wages and overtime.
- Obtained settlement that the client found to be favorable on behalf of a large grocery store chain in a consolidated Fair Labor Standards Act and multi-state Rule 26 class action lawsuit alleging failure to properly pay overtime.
- 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.
- 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.
- Represented employers in collective bargaining with hotel and restaurant workers, health care employees, building services workers, trucking and transportation employees, cemetery workers and entertainment industry performers, including with unions such as the SEIU, Locals 32-BJ, 74 and 1199, IUOE Locals 30 and 94, NYHTC, UNITE HERE, Local 6, NYSNA and AGMA.
- Represented healthcare employer in successful decertification of SEIU, Local 1199 in five-facility unit.
- Obtained settlement that the client found favorable of labor agreement on behalf of healthcare provider which resulted in employer continuing to operate new facility union free.
- Obtained order permanently staying arbitration on behalf of healthcare provider in the Federal District Court for the Southern District of New York on ground that dispute arose after expiration of labor agreement. New York Dialysis Services v. New York State Nurses Association
- Argued before the National Labor Relations Board and prevailed in case involving union’s representation of workers in Fair Labor Standards Act litigation during the union’s organizing drive. Novotel v. The National Labor Relations Board.
- 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 National Labor Relation Board award in favor of consortium and dismissal of unfair labor practice charges based on 100-page arbitration opinion.
- Represented a large financial services firm as outside counsel defending employees of the firm as co-defendants in three separate employment-related litigations.
- Represented numerous companies and executives in variety of industries in the negotiation and drafting of executive employment agreements, non-compete covenants, trade secret protections, severance and related agreements.
- Conducted numerous executive, management, human resources and employee training sessions on topics such as: harassment and diversity; reasonable accommodations; performance management; managing a union workforce; management rights and obligations during union organizing campaigns; onboarding employees; performance appraisals; the interplay of FMLA and ADA and many other employment law topics.
- Conducted employment law audits for healthcare, building services, engineering, communications, airlines, hotel and restaurant companies.
- Drafted numerous employee handbooks and policy manuals for clients in a wide range of industries.
Management Labor Relations
Employment Advice, Counsel and Training
- New York
- U.S. Court of Appeals for the Second Circuit
- District of Columbia Court of Appeals
- 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
Duane Morris LLP
- Partner, 1997-present
- Richards & O'Neil, LLP, N.Y., N.Y., 1994-1997
- Shea & Gould, N.Y., N.Y., 1985-1994
- Cornell Law School, J.D., 1985
- Cornell University School of Industrial and Labor Relations, B.S., with distinction, 1982
New York State Bar Association
- Labor and Employment Law Section
- Member, Subcommittee, Practice Before the NLRB
Cornell University, School of Industrial and Labor Relations, NYC Labor and Employment Law Program
- Executive Board Member
Honors and Awards
Selected as a 2018 Top Rated Lawyer in New York Law Journal
Listed in Crain's 2018 Legal List of 100 outstanding New York City women lawyers
Selected as a New York Super Lawyer for labor and employment law, 2006-2009, 2013-2018
Listed in U.S. News/Best Lawyers, "The Best Lawyers in America", 2014-2019
- Listed in Avenue magazine's Legal Elite, 2010
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Civic and Charitable Activities
Member, Cornell Alumni Admissions Ambassador Network
Tam O’Shanter Country Club – 2017-18
- Member, Board of Directors and Tennis Governor
Co-author "Are Non-Compete Agreements Getting Kicked to the Curb?" New York Law Journal, November 2, 2018
Co-author, "New York State Releases Sexual Harassment Guidance Mere Days Before Compliance Deadlines," Duane Morris Alert, October 3, 2018
Co-author, "The Ninth Circuit Gives Support to Equal Pay Day," Duane Morris Alerts, April 12, 2018
Quoted, "What Stands in the Way of Broadway Casting Directors Unionizing," Broadway News, January 29, 2018
"NYC Employers: If You Can Make It Here, You Can Make It Anywhere!," New York Law Journal, September 1, 2017
"NY’s Strict Yet Comforting Wage Deductions Proposed Rules," Law 360, July 1, 2013
"Navigating the Murky Waters of Employment Waivers and Releases," NYSBA Journal, February 2010
- "Legislative Updates for the Workplace," Assisted Living Executive, January/February 2010
"The Employee Free Choice Act - What's an Employer to Do?" New York State Bar Association Journal, September 2009
"An Eye on Workplace Harassment Liability in NYC," Law 360, May 21, 2009
"FMLA Expanded to Cover Relatives of Military Service Members," HRNow, Spring 2008
"What Did They Say? Deciphering When Remarks Are Evidence of Discriminatory Intent Is A Difficult Task," New York Law Journal, August 27, 2007
"Minimizing the Impact of Stray Remarks," New Jersey Law Journal, April 9, 2007
"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
"Joint Employer Liability: Ignore the Risks at Your Company's Peril," New York Law Journal, November 1999
"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
Duane Morris Alerts: Editor
"New York City Employers: Are You Ready for the City's Brand New Reasonable Accommodation and Personal Leave Rules?," Duane Morris Alert, January 22, 2018
"Major NLRB Decisions Affect All Employers," Duane Morris Alert, January 8, 2018
"Countdown to New York City's Salary History Ban," Duane Morris Alert, October 18, 2017
"Losing Sleep Over Live-In Home Care Workers: NYSDOL Confirms "13 Hour Rule" in Response to New York State Appellate Court Rulings," Duane Morris Alert, October 25, 2017
"Recent Independent Contractor Developments Impact All New York City Employers," Duane Morris Alert, November 17, 2017
"New York's New $15 Minimum Wage Plan," Duane Morris Alert, April 29, 2016
"New York's New 12-Week Paid Family Leave Law," Duane Morris Alert, April 29, 2016
"Recent NLRB Developments of Which All Employers Should Be Aware," Duane Morris Alert, March 23, 2016
"New York City Employers Should Take Steps to Comply with City's Commuter Benefits Law," Duane Morris Alert, March 18, 2016
"Connecticut Supreme Court Reverses Lower Court and Finds Employer's Independent Contractors Were Properly Classified," Duane Morris Alert, March 16, 2016
"NLRB Abandons Well-Established Joint-Employer Standard," Duane Morris Alert, August 31, 2015
"New York City Council Passes Bill Prohibiting Employers from Requesting or Using Consumer Credit History in Employment Decisions," Duane Morris Alert, April 20, 2015
"National Labor Relations Board General Counsel Issues Guidance on Rules of Conduct," Duane Morris Alert, March 25, 2015
"N.Y. Wage-and-Hour Update: Gov. Cuomo Eliminates the Annual Wage Notice Requirement," Duane Morris Alert, January 5, 2015
"NLRB Overturns Register Guard and Holds Employee Use of Email on Nonworking Time for Union Organizing Must Presumptively Be Permitted," Duane Morris Alert, December 15, 2014
"U.S. Supreme Court Decides Time Spent in the Security Screening Process Is Not Compensable Under the FLSA," Duane Morris Alert, December 11, 2014
"NLRB Deems Micro-Unit an Appropriate Bargaining Unit in Retail Industry," Duane Morris Alert, August 4, 2014
"NLRB Finds Work Rules Barring 'Negativity' Unlawful," Duane Morris Alert, April 7, 2014
"New York City Amends Paid Sick Leave Law to Encompass Employers of Five or More," Duane Morris Alert, March 13, 2014
"Department of Labor Extends FLSA Minimum Wage and Overtime Protections to Direct Care Workers," Duane Morris Alert, September 30, 2013
"U.S. Supreme Court Issues Unanimous Limited Arbitration Ruling in Oxford Health Plans LLC v. Sutter," Duane Morris Alert, June 13, 2013
"New York DOL Releases Proposed Wage Deduction Regulations," Duane Morris Alert, May 30, 2013
"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
"Third Circuit Compels Arbitration in Meal Break Case and Finds No Basis for District Court's Unconscionability Ruling," Duane Morris Alert, April 9, 2012
"U.S. Department of Labor Proposes FMLA Regulatory Changes: It's Not Just About the Military Leave Provisions," Duane Morris Alert, March 7, 2012
"U.S. Supreme Court Recognizes Ministerial Exception and Bars Employment Discrimination Claims by Employees Engaged in Ministerial Functions," Duane Morris Alert, January 13, 2012
"Supreme Court Holds That FLSA's Anti-Retaliation Provision Applies to Oral Complaints," Duane Morris Alert, March 28, 2011
"U.S. Supreme Court Broadens Employer Liability by Upholding "Cat's Paw" Theory in Employment Discrimination Case," Duane Morris Alert, March 2, 2011
"New York State Orders Increases in Base Wages for Hospitality Industry's Service Employees, and Other Significant Changes," Duane Morris Alert, February 9, 2011
"EEOC Issues Final Regulations Regarding Title II of the Genetic Information Nondiscrimination Act," Duane Morris Alert, November 22, 2010
"Supreme Court Concludes Employer Had Legitimate Interest in Reviewing Employee's Text Messaging," Duane Morris Alert, June 22, 2010
"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
"New York Restricts Mandatory Overtime for Nurses," Duane Morris Alert, March 11, 2010
"New York Requires Employer-Written Notifications and Additional Recordkeeping for New Hires ," Duane Morris Alert, November 10, 2009
"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
"New Jersey Appellate Court Provides Guidance on How Company Email Policies Should Be Crafted," Duane Morris Alert, September 21, 2009
"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
"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
"N.Y.'s High Court Rules Executives Are Covered Employees Under Certain Labor Law Provisions," Duane Morris Alert, June 23, 2008
Selected Speaking Engagements
Speaker, "The Rise of Accessibility Litigation: Strategies to Reduce the Risk of ADA Title III Lawsuits," Duane Morris Employment Law Seminar, December 5, 2018
Speaker, "Trends in Employment Litigation – Pay Equity," Reinsurance Association Of America, Westin Grand Central, New York, July 18, 2018
Speaker, "Losing Sleep Over Wage and Hour and Healthcare Regulatory Requirements for Home Healthcare Workers," Duane Morris LLP, New York, January 23, 2018
- Co-presenter, "NYC and NYS Employment Law: If You Can Make It Here, You Can Make It Anywhere," Duane Morris Institute Employment Law Insights Conference, New York City, November 8, 2017
- Speaker, "A Conversation with Philip A. Miscimarra, NLRB Chairman," Cornell Law School, New York, June 27, 2017
Speaker, “Key Employment Issues in the Life Cycle of an Employee,” New York State Healthcare Facility Association / New York State Center for Assisted Living, Fall Conference, Albany, New York, November 15, 2016
Lecturer, eCornell, “Certificate Series: Legal Acumen for Business – The Litigation Process,” Cornell University Business Program, on-line series, Fall 2016
Speaker, “The Life Cycle of an Employee,” Competitive Edge Leadership, Inc., Summer 2016
Speaker, “New York City Human Rights Law, More Employee Friendly Than California,” Duane Morris Institute Webinar, Fall 2015
Speaker, “The National Labor Relations Board’s New Conduct Rules – Traps for the Unwary Employer,” Competitive Edge Leadership, Inc., Summer 2015
Co-Speaker, “Election Rules and NLRB Decisions Create Perfect Union Storm for Employers,” Duane Morris Institute Webinar, Fall 2015
Speaker, “Restrictive Covenants When Are They Enforceable”, Duane Morris Institute Webinar, Spring 2014
Speaker, "Recent Issues in Employment Law," Airlines Financial & Accounting Managers Association, January 2008
- Co-panelist, "Labor and Employment Law Considerations in Tough Times: U.S., German/European and Canadian Law Perspectives," New York City, September 17, 2009
Speaker, "The Impact of HIPAA Privacy Rules on Employers," Frenkel & Co. Briefing, Jan. 30, 2003 / Duane Morris Briefing, Dec. 2, 2002
Speaker, "Advanced Issues Under the National Labor Relations Act," New York State Bar Association, Labor and Employment Section Annual Meeting, Ithaca, N.Y., October 2002
- National Teleconference, "Obligations of Employers to Employees Who Serve in the Military," American Health Lawyers Association, November 27, 2001
Annual Host and Speaker, "Duane Morris' Developments in Workplace Law & Practice”, New York, NY, May 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017
Speaker, “Duane Morris Briefings, New York, NY, 1997-2017, Topics including: harassment and diversity in the workplace, ADA and FMLA Interplay, piracy in the workplace, union organizing, avoiding liability for employee terminations and reduction in force, investigating employee misconduct and effective hiring practice