Eve I. Klein

Eve 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, 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.

Representative Matters:

• Won Second Circuit appeal of race discrimination case on behalf of healthcare provider. Toussaint v. New York Dialysis Services, Inc.
• Represented a large financial services firm as outside counsel defending employees of the firm as co-defendants in three separate employment-related litigations.
• 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 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 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.
• 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 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 favorable of labor agreement on behalf of healthcare provider which resulted in employer continuing to operate new facility union free.
• 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.
• 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.
• Drafted numerous employee handbooks and policy manuals for clients in a wide range of industries.

Admissions:

• U.S. Court of Appeals for the Second Circuit
• New York
• U.S. District Court for the Southern 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

Professional Activities:

• New York State Bar Association
• Cornell University, School of Industrial and Labor Relations, NYC Labor and Employment Law Program