Eve I. Klein

Partner

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

    Eve I. Klein - LinkedIn Import to Address Book

  • Duane Morris LLP
    22 Vanderbilt
    335 Madison Avenue, 23rd Floor
    New York, NY 10017-4669
    USA

Eve I. Klein provides strategic advice in all aspects of labor and employment to companies, boards of directors, general counsel, human resource professionals and senior executives.  She is the past Chair of Duane Morris Employment, Labor, Benefits and Immigration Practice Group (2018-2025) and a longstanding member of the firm’s partner’s board. She is particularly sought after by clients and the firm for her practical counsel in difficult employment law situations and for her strategic advice around the negotiating table.

With 30 plus years in practice, Eve has been involved in all facets of labor and employment disputes.  She possesses extensive experience in traditional labor law matters, including union avoidance, representation elections, collective bargaining negotiations, combatting picketing and strikes and defending unfair labor practice charges.  She had handled hundreds of grievance arbitrations.  Eve has helped clients lawfully withdraw union recognition in the face of changes brought about by remote work and when restructuring their operations.

Eve works with clients in the banking, real estate, legal services, construction and healthcare industries, helping them navigate thorny day-to-day issues involving disability leave, accommodations, workplace misconduct, criminal history and wage and hour compliance.  She strategizes with employers on longer range plans, including reductions in force, incentive performance and retention plans and protection of trade secrets and client relationships. 

Eve is an experienced employment litigator who aggressively represents her clients’ interests in federal and state courts, and before arbitration tribunals and administrative agencies.  She handles claims related to breach of contract, enforcement of restrictive covenants, discrimination and statutory leave.  As pertains to wage and hour claims, Eve defends class and collective actions, as well as single or group claims.  In this regard, Eve has defended schools, call centers, supermarkets and manufacturers in claims related to minimum wages, overtime, fluctuating work week, meal break, donning and doffing and other off-the-clock work,.

 Clients also seek Eve out for assistance for labor and employment support in corporate and real estate transactions.  She is also called upon to draft and review employment agreements and policies and to provide interactive training on all issues related to the workplace and performance management. 

Eve is an active speaker and writer on employment and labor issues for clients, business groups and educational institutions.  She is widely recognized as a leading U.S. labor and employment lawyer in such publications as Chambers, Crains, Lawdragon, Super Lawyers and in Best Lawyers in America.

Areas of Practice

  • Employment Law Advice and Counseling
  • Drafting Executive Agreements

  • Management Labor Relations

  • Employment Litigation

  • Class Action 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 Advice, Counsel, Investigations and Training

  • Advised on multi-phased facility shutdown of hotel properties in manner designed to lawfully avoid federal and state plant closing obligations.

  • Handled workplace investigation of sexual harassment complaint against partner of financial services organization and negotiated his swift exit following completion of investigation.

  • Conducted multi-phased performance management training for bank managers and executives.

  • Conducted training on wide variety or wage and hour issues, including donning and doffing, meal breaks, fluctuating workweek, best time recording practices and related disciplinary issues for construction company.

  • Conducted training on issues related to sexual harassment and discrimination for large healthcare consortium’s board of directors.

  • Conducted training on union avoidance and union campaign response for national hotel chain being targeted by HERE.

    • Management Labor Relations

  • Successfully represented a nationwide social services employer before the National Labor Relations Board in connection with unfair labor practice charges related to withdrawal of union recognition following the hiring of large numbers of remote workers.

  • Successfully represented a large furniture rental company before the National Labor Relations Board in connection with its COVID-19 related reduction in force challenged by a Teamsters local seeking to organize the workforce.

  • Successfully represented a hotel employer before the industry Impartial Chairman in connection with claims by the union that the employer should have been bound by the master agreement’s neutrality provision to short circuit traditional union organizing rules for a separate non-union hotel.

  • Represented several cannabis employers in connection with union demands for the implementation and/or enforcement of labor peace agreements.

  • 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 in the following industries: hotel and restaurant, health care, building services, trucking and transportation, skiing, cannabis, cemetery and entertainment. Negotiated collective bargaining agreements with unions such as SEIU, Locals 32-BJ, 74 and 1199, RWDSU/UFCW Local 338, IUOE Locals 30 and 94, NYHTC, UNITE HERE, Local 6, NYSNA and the Teamsters.

  • Represented healthcare employer in successful decertification of SEIU, Local 1199 in five-facility unit.

  • Obtained order permanently staying arbitration on behalf of healthcare provider in the federal district court on ground that dispute arose after expiration of labor agreement.

    • Employment Litigation

  • 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.

  • 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.

  • 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, which was affirmed by the Second Circuit Court of Appeals.

  • Defended bank in federal lawsuit alleging ADA and state law disability discrimination, failure to accommodate and retaliation claims. Obtained summary judgment in favor of bank, which was affirmed on appeal by the Second Circuit.

  • 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.

  • Obtained favorable settlements in numerous ADA accessibility lawsuits and before the Department of Justice in response to ADA complaints alleging disability discrimination under Title III of the ADA in public accommodations, including physical accessibility in facilities regarding mobility impairments, testing accessibility for in connection with alleged need for medical accommodations and website accessibility for the seeing and hearing impaired.

  • Represented home remodeling company in obtaining summary judgment dismissing claims for unpaid commissions.

  • Won summary judgment in district court of race discrimination and retaliation claims on behalf of healthcare provider, which was affirmed on appeal to the Second Circuit.

  • 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.

    • Workplace Class Action Litigation

  • Successfully represented a bank in defense of claims that its branch managers were misclassified. Following discovery and motion practice, the plaintiff settled withdrew the class claims and settled for a de minimis amount on an individual basis.

  • Represented a leading home healthcare agency in negotiating the settlement of two “bet the company” class and collective actions wherein plaintiffs in both actions alleged wage and hour violations 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.

  • Won dismissal of class and collective action lawsuit on behalf of national home remodeling company; court compelled arbitration and enforced class action waiver.

  • Obtained favorable global settlement of Fair Labor Standards Act and 17-state class action lawsuit for large grocery store chain alleging improper application of the fluctuating work week method of overtime compensation, and a host of off-the-clock work claims.

  • 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.

  • Obtained favorable settlement in mediation for large home healthcare provider in collective and class action alleging failure to properly pay minimum wages and overtime, and to provide required benefits under New York’s wage parity requirements.

  • Obtained favorable mediated settlement for call center in connection with collective and class claims for a large class of workers for minimum wages, overtime, meal breaks and off-the-clock work.

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

Education

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

Experience

  • Duane Morris LLP
    - Partner, 1997-present

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
    - Executive Board Member

Honors and Awards

  • Listed in Chambers USA: America's Leading Lawyers for Business, 2024-2025, Ranked Band 2 for Labor Management Relations

  • Listed in Lawdragon 500's Leading Corporate Employment Lawyers, 2025 and 2026

  • Listed in The Best Lawyers in America, 2014-2026

  • 2022 Top Rated Woman Leader in Law by Martindale Hubbell

  • 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

  • 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 New York Super Lawyers

  • Listed in Avenue magazine's Legal Elite, 2010
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Selected Publications

Duane Morris Alerts: Editor

Selected Speaking Engagements

  • Speaker, "Developments in Workplace Law and Practice: Current Trends in Employment, Labor, Benefits, and Immigration and Their Impact on Your Business," Duane Morris LLP, New York City, May 8, 2024 
  • 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