Eve I. Klein

Partner

  • Eve I. Klein
  • Phone: +1 212 692 1065

    Eve I. Klein - LinkedIn Import to Address Book

  • Duane Morris LLP
    1540 Broadway
    New York, NY 10036-4086
    USA

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

  • Employment Litigation

  • 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

Representative Matters

    Employment Litigation

  • Represented a leading home healthcare agency, in negotiating the settlement of two “bet the company” actions; plaintiffs in both actions alleged wage and hour violations and asserted class claims covering thousands of employees; opposing counsel sought to derail the class settlement of one action by unsuccessfully invoking the Colorado River abstention doctrine, but the team was able to quash these efforts and coordinate a global settlement at a value of less than 3 percent of the client’s potential exposure, an outcome the client found favorable.

  • Represented a home remodeling company in obtaining summary judgment dismissal of two separate cases filed by former marketers for unpaid commissions.

  • 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 minimis settlement of multi-million 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.

    • Management Labor Relations

  • Represented a beauty school in a union representation petition filed by Education Minnesota; the school prevailed in the union election 14 to 10, allowing it to remain union free going forward.

  • 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.

    • Employment Advice, Counsel and Training

  • 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.

Admissions

  • 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

Experience

  • Duane Morris LLP
    - Partner, 1997-present

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

Education

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

Professional Activities

  • 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

  • 2022 Top Rated Woman Leader in Law by Martindale Hubbell

  • Listed in The Best Lawyers in America, 2014-2024

  • Named as a Top Woman Attorney in the New York Metro Area by The American Registry, 2021

  • Selected as a Woman Leader in The Law, New York Law Journal, 2019-2021

  • Listed in New York Super Lawyers

  • Named a Labor & Employment Star by Benchmark Litigation, 2019

  • Selected as a 2018 Top Rated Lawyer, New York Law Journal

  • Listed in Crain's 2018 Legal List of 100 outstanding New York City women lawyers

  • 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

Selected Publications

Duane Morris Alerts: Editor

Selected Speaking Engagements

  • Speaker, "The NLRB’s New Standard for Assessing Legality of Employer Workplace Rules," Duane Morris Institute (DMi) Webinar, September 12, 2023
  • Speaker, "New York City and State Legal Update," Duane Morris Institute (DMi), Webinar, February 7, 2023
  • Speaker, "Labor Peace Agreements and Unionization in the Cannabis Industry," Duane Morris LLP Cannabis General Counsel Bootcamp, October 12, 2022
  • Speaker, "State of the Workplace in 2021: Reopening in a Partially Vaccinated Environment and the New Administration," Duane Morris LLP, Webinar, May 19, 2021
  • Speaker, "COVID-19 Vaccination Policies – Implementing a Lawful Policy that is Right for Your Business!" Duane Morris Institute (DMi), Webinar, January 12, 2021
  • Speaker, "State Law Updates, Including COVID-19 Workplace Laws and Regulations," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, November 12, 2020
  • Speaker, "NLRA Updates and Implications in the COVID-19 Era," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, November 10, 2020
  • Speaker, "Employment Life Cycle of the Remote Employee," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, October 27, 2020
  • Speaker, "Overview of How Other States Have Approached Labor Issues in the Cannabis Industry," Washington CannaBusiness Association Fall Policy Conference, Webinar, October 8, 2020
  • Speaker, "The ADA During the COVID-19 Era: Accessibility Issues for Employers and Public Accommodations to Consider," Duane Morris Institute (DMi), Webinar, July 23, 2020
  • Speaker, "Reopened and Safety Compliant, Now What?: ADA Employment and Accessibility Issues," Cornell University, Webinar, June 25, 2020
  • Speaker, "Responsible Re-Opening," Marcum, Webinar, May 27, 2020
  • Speaker, "Reopening the Workplace During the COVID-19 Pandemic – What Employers Need to Know," Duane Morris Institute Webinar, May 12, 2020
  • Speaker, "Coronavirus (COVID-19): Business Continuity Planning for a Pandemic," Duane Morris Institute (DMi), Webinar, March 18, 2020
  • Speaker, "Coronavirus (COVID-19): What Employers Should Do Now!" Duane Morris Institute (DMi), Webinar, March 11, 2020

  • Presenter, “Battle of the Sex-Based Protections: How New York Employers Can Safeguard Themselves in the Midst of a City-State Showdown,” Duane Morris Institute, Webinar, April 24, 2019

  • 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