People: Daniel B. Klein, Partner

Photo of Daniel B. Klein, Partner

Daniel B. Klein

Partner

Boston
Direct: (617) 946-4840
Fax: (617) 946-4801
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Daniel Klein is a partner in the Labor & Employment Department of Seyfarth Shaw’s Boston office.  Mr. Klein’s practice includes the representation of management in employment counseling matters and single-plaintiff and class litigation.  Mr. Klein litigates before state and federal courts, at trial and appellate levels, as well as federal and state agencies, including the Equal Employment Opportunity Commission, the Massachusetts Commission Against Discrimination, the Connecticut Commission on Human Rights & Opportunities, and the Maine Human Rights Commission.  Mr. Klein counsels national, regional and local employers on a wide variety of employment matters, including disability accommodation, family and medical leave, workplace investigations, wage and hour compliance, commissions disputes, performance assessment and discipline, terminations, reductions-in-force, training, background checks, whistleblower claims, defamation, handbook and policy review, and trade-secrets protection strategies.

As a member of the firm’s Complex Discrimination Litigation Practice Group, Mr. Klein has defended employers in a variety of complex discrimination cases, including multi-plaintiff discrimination lawsuits, EEOC pattern-or-practice cases, and collective actions under the Fair Labor Standards Act.  Mr. Klein also has defended employers against the full spectrum of cases involving allegations of discrimination, harassment, retaliation, wrongful termination, defamation, and wage and hour violations, as well as representing employers in non-competition and contract disputes.

Mr. Klein regularly assists clients in drafting employment contracts, severance agreements, non-competition, non-disclosure and confidentiality agreements, personnel policies and company handbooks. He has represented employers in a variety of industries, including retail, healthcare, manufacturing, hospitality, staffing, professional services, transportation, and technology.

Mr. Klein lectures frequently on a variety of employment law topics for human resource specialists and in-house counsel, including regular presentations on behalf of the Northeast Human Resources Association, the Massachusetts Hospital Association, and Massachusetts Continuing Legal Education.  Mr. Klein has authored numerous articles on employment law issues and has authored various postings in the firm’s Class Action Blog at www.workplaceclassaction.com and the firm’s Employment Law Lookout Blog at www.laborandemploymentlawcounsel.com.  Mr. Klein served as a legal intern at the Massachusetts Commission Against Discrimination. Boston Magazine and Law and Politics have named Mr. Klein one of Massachusetts’ and New England’s “Super Lawyers” since 2014 and one of the “Super Lawyer Rising Stars” from 2005 through 2013.

Daniel Klein is a partner in the Labor & Employment Department of Seyfarth Shaw’s Boston office.  Mr. Klein’s practice includes the representation of management in employment counseling matters and single-plaintiff and class litigation.  Mr. Klein litigates before state and federal courts, at trial and appellate levels, as well as federal and state agencies, including the Equal Employment Opportunity Commission, the Massachusetts Commission Against Discrimination, the Connecticut Commission on Human Rights & Opportunities, and the Maine Human Rights Commission.  Mr. Klein counsels national, regional and local employers on a wide variety of employment matters, including disability accommodation, family and medical leave, workplace investigations, wage and hour compliance, commissions disputes, performance assessment and discipline, terminations, reductions-in-force, training, background checks, whistleblower claims, defamation, handbook and policy review, and trade-secrets protection strategies.

As a member of the firm’s Complex Discrimination Litigation Practice Group, Mr. Klein has defended employers in a variety of complex discrimination cases, including multi-plaintiff discrimination lawsuits, EEOC pattern-or-practice cases, and collective actions under the Fair Labor Standards Act.  Mr. Klein also has defended employers against the full spectrum of cases involving allegations of discrimination, harassment, retaliation, wrongful termination, defamation, and wage and hour violations, as well as representing employers in non-competition and contract disputes.

Mr. Klein regularly assists clients in drafting employment contracts, severance agreements, non-competition, non-disclosure and confidentiality agreements, personnel policies and company handbooks. He has represented employers in a variety of industries, including retail, healthcare, manufacturing, hospitality, staffing, professional services, transportation, and technology.

Mr. Klein lectures frequently on a variety of employment law topics for human resource specialists and in-house counsel, including regular presentations on behalf of the Northeast Human Resources Association, the Massachusetts Hospital Association, and Massachusetts Continuing Legal Education.  Mr. Klein has authored numerous articles on employment law issues and has authored various postings in the firm’s Class Action Blog at www.workplaceclassaction.com and the firm’s Employment Law Lookout Blog at www.laborandemploymentlawcounsel.com.  Mr. Klein served as a legal intern at the Massachusetts Commission Against Discrimination. Boston Magazine and Law and Politics have named Mr. Klein one of Massachusetts’ and New England’s “Super Lawyers” since 2014 and one of the “Super Lawyer Rising Stars” from 2005 through 2013.

Education

  • J.D., Boston College Law School (1997)
    cum laude
    Boston College Law Review
  • B.A., Colgate University (1994)
    cum laude

Admissions

  • Massachusetts
  • Connecticut

Courts

  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the District of Connecticut
  • U.S. District Court for the District of Massachusetts

Affiliations

  • Massachusetts Bar Association, Member of the Labor & Employment Section Council (2009-2014)
  • Massachusetts Commission Against Discrimination Disability Regulations Committee (2011-2014)
  • American Bar Association
  • Northeast Human Resources Association (NEHRA), Senior Advisor (2008-present)
  • The Resource Partnership, Board of Directors (1998-2009)

Representative Engagements

Representative Private Plaintiff Class Actions, Wage & Hour Collective Actions, And EEOC Pattern-Or-Practice Actions

  • EEOC v. Sterling Jewelers Inc., 3 F. Supp. 3d 57 (W.D.N.Y. 2014)  The District Court granted summary judgment and dismissed this pattern-or-practice action, the largest pending EEOC discrimination lawsuit in the country at the time, involving claims of systemic gender discrimination in administration of pay and promotions.  It is currently pending on appeal before the Second Circuit.
  • Jock et al. v. Sterling Jewelers Inc. (AAA; S.D.N.Y.)  Companion class arbitration involving claims of systemic gender discrimination in administration of pay and promotions.
  • EEOC v. Texas Roadhouse (D. Mass.)  Representing employer in EEOC nationwide pattern-or-practice case alleging hiring discrimination based on age.
  • Represented provider of services and programs for individuals with special needs in defense of putative FLSA collective action alleging misclassification of group home supervisors as exempt (D. Conn.)
  • Hough, et al. v. Select Restaurants, Inc., No. 05-1258-H (MA Super. Court) (Rule 23 class action challenging the distribution of service charges under the Massachusetts tip statute)
  • Retained by international hotel chain for defense of wage and hour claims concerning alleged misclassification of operational position and unpaid meal periods (D. Mass.)
  • Arrighi, et al. v. Cintas Corporation, No. 10-CV-237 (R.I. Super. Court) (represented employer in multi-plaintiff action brought by employees alleging violative drug testing in the workplace)

Employment-Related Trials/Arbitrations

  • Roache v. South Shore Hospital, et al. (MA Superior Court) (defense verdict on tortious interference with advantageous relations claim, and summary judgment verdict on age discrimination claims)
  • Devine v. Stop & Shop (USDC MA ) (defense verdict in ADA failure to accommodate claim)
  • Bell v. WLVI, Inc., Tribune Company, et al. (USDC MA) (defense of claims including wrongful discharge, breach of contract, defamation, and interference with advantageous relations)
  • Brazeau v. Price Chopper Supermarkets (MA Superior Court) (defense of claims including defamation, and wrongful termination based on breach of contract)
  • Ferraro v. Stop & Shop, et al. (CT Superior Court) (defense of claims involving intentional infliction of emotional distress and loss of consortium)
  • Hancock v. Stop & Shop (CT Superior Court) (defense of claims including breach of implied contract, invasion of privacy, intentional infliction of emotional distress)
  • Langner v. Stop & Shop (CT Superior Court) (defense of disability discrimination claim)
  • Gagnon v. UnitedHealth Group (AAA Arbitration) (defense of claims including disability discrimination and defamation)
  • Guiles v. UnitedHealth Group (AAA Arbitration) (defense of claims including race discrimination and retaliation)
  • Mazonson LLC v. McKinney  (AAA Arbitration) (representation of employer in action against former employee for breach of contract and defense of counterclaims regarding compensation)
  • IBEW, Local 2321 (Fulgoni) v. Verizon (AAA Labor Arbitration) (defense verdict in representation of employer in termination case)
  • IBEW, Local 2322 (Desoto) v. Verizon(AAA Labor Arbitration) (defense verdict in representation of employer in termination case)
  • IBEW, Local 2222 (Nastasia) v. Verizon(AAA Labor Arbitration) (defense verdict in representation of employer in termination case)
  • CWA, Local 1400 (Dallas) v. Verizon(AAA Labor Arbitration) (defense verdict in representation of employer in termination case)

Representative Non-Competition/Non-Disclosure Cases

  • Aquent LLC v. Stapleton & iTalent LLC, No. 6:13-cv-1889-ORL-28DAB (M.D. Fla.)
  • Calloway Laboratories, Inc. v. Turner, No. 09-4559A (MA Super.)
  • DHR International, Inc. v. Harris, et al., No. 06-CA-10858-RWZ (D. Mass.)
  • R.M. Foley, Inc. v. Vogel Inc., et al., No. 06-3937 (MA Super.)
  • Butts v. Kaufman Company, No. 06-972 (MA Super.)
  • PCG Trading, LLC v. Suk, No. ESCV2006-01626-A (MA Super.)
  • PCG Trading, LLC v. Tejeda, No. ESCV2005-02239-B (MA Super.)
  • Mazonson v. USI, et al., No. ESCV2004-02029-D (MA Super.)
  • Converge, LLC v. Gamble, No. 1-1045-B (MA Super.)
  • Converge, LLC v. Hickox, No. 01-5005 (MA Super.)

Other Representative Cases

  • Compere v. South Shore Hospital, No. 2012-1171-D (MA Super. June 6, 2014) (summary judgment for employer on claims for race, color and national origin discrimination)
  • Belghiti v. Select Restaurants Inc. d/b/a Top of the Hub, No. 10–12049–GAO, 2014 WL 1281476 (D. Mass. Mar. 31, 2014) & 2014 WL 5846303 (D. Mass. Nov. 12, 2014) (summary judgment for employer on tip-sharing claims under MA Tip Statute and corollary common law claims)
  • Teixeira v. National Bedding Company d/b/a Serta Mattress Co., No. BRCV2011-01372B (MA Super. June 24, 2013) (summary judgment for employer on claims for disability discrimination and retaliation)
  • Ramirez v. Steward Holy Family Hospital, et al., No. 13-55D (MA Super. July 3, 2013) (granting motion to dismiss claims for breach of implied covenant of good faith and fair dealing, interference with advantageous relations against supervisor, and defamation; and awarding defendant fees on anti-SLAPP motion)
  • Charles v. The Stop & Shop Supermarket Co., LLC, No. 10-10726-DJC, 2012 WL 2402790 (D. Mass. June 25, 2012) (summary judgment for defendant on all claims, including national origin and race discrimination and retaliation)
  • Lippincott v. Target Corp., No. 10–CV–6417–CJS–MWP, 2012 WL 2856132 (W.D.N.Y. July 11, 2012) (summary judgment for employer on age discrimination and retaliation claims)
  • Furtado v. Standard Parking, et al., No. 10-11231-WGY (D. Mass. 2011) (summary judgment for defendant on all claims, including FMLA and ADA claims)
  • Chamberland v. South Shore Hospital, No. CV2011-00501 (MA Super. 2011) (granting motion to dismiss with prejudice of multiple tort claims)
  • Blaisdell v. Stop & Shop, No. CV2008-01735 (MA Super. 2011) (summary judgment for defendant on defamation claim)
  • Chukwurah v. Stop & Shop, Appeal No. 08-5564-CV(2d Cir. 2010) (affirming summary judgment for defendant in defense of claims including retaliation and discrimination on account of race, national origin and age, and retaliation under the FLSA)
  • Carter v. Tropicana, No. 07-cv-10921-RWZ (D. Mass.) (Rule 12(b)(6) dismissal of claim for wrongful termination based on violation of a public policy)
  • Croft v. National Bedding Co. d/b/a Serta Mattress Co., No. 04-11487-RWZ (D. Mass.) (summary judgment for defendant in breach of contract action)
  • Wells v. Greyhound, No. 02-10863-JLA (D. Mass.) (summary judgment for defendant in defense of ADA failure to accommodate claim)
  • Lydon v. Sears, Roebuck and Co., No. 10772-MEL (D. Mass.) (summary judgment for defendant on all claims, including discrimination on account of age, national origin and race, and retaliation under Mass. Gen. Laws, ch. 151B)
  • Schiel v. Stop & Shop, No. 3:96-cv-01742-WWE (D. Conn.) (summary judgment for defendant in defense of claims including reverse sex discrimination and retaliation) 

Presentations

  • “Earned Sick Time Law And Other Leave-Related Issues," Moderator & Panel Member, Seyfarth Shaw LLP (May 2015)
  • “The Nuts and Bolts of Employment Law Class and Collective Actions,” Keynote Panel Member, 17th Annual Employment Law Conference 2014, Massachusetts Continuing Legal Education (December 2014)
  • “Social Media in the Workplace: Legal Risks and Case Studies,” NEHRA Program (October 2010)
  • “Massachusetts Personnel Records Statute Amendment and CORI Reform,” NEHRA Employment Law Update Program (Fall 2010)
  • “Proposed Massachusetts Non-Compete Legislation,” NEHRA Employment Law Update Program (Spring 2010)
  • “The ADA Amendments Act and the EEOC’s Proposed Regulations,” NEHRA Employment Law Update Program (Fall 2009)
  • “Reductions-in-Force and Alternative Cost-Cutting Measures,” NEHRA Employment Law Update Program (Spring 2009)
  • “NEHRA Quarterly Employment Law Update,” Webinar (2009-present)
  • “NEHRA Employment Law Basics Course for New HR Professionals” (2009-present)
  • “The ADA Amendments Act and the Revised FMLA Regulations,” NEHRA Program (March 2009)
  • “The ADA Amendments Act and the Revised FMLA Regulations,” Massachusetts Hospital Association Program (February 2009)
  • “The ADA Amendments Act and the Revised FMLA Regulations,” NEHRA Employment Law Update Program (Fall 2008)
  • “Communicating in a High-Tech World,” Law Librarians of New England Program (Fall 2008)
  • “Chapter 80 of the Acts of 2008, Implications for Healthcare Business Operations,” Massachusetts Hospital Association Program (June 2008)
  • “New Massachusetts Wage & Hour Treble Damages Law: Litigation Avoidance is the First Line of Defense,” Seyfarth Shaw Breakfast Briefing (2008)
  • “FMLA Update,” NEHRA Employment Law Update Program (Spring 2008)
  • “Military Family Leave Under the FMLA,” The Resource Partnership Program (2008)
  • “Recent Developments in Discrimination & Leave Laws and Wage and Hour Class Actions,“ NEHRA Annual Conference (2007)
  • “Developments in Anti-Discrimination Law 2006-2007,“ NEHRA Employment Law Update Program (Spring 2007)
  • “The ADA, FMLA and Workers’ Compensation Triangle,“ MCLE Program (2007)
  • “Interviewing Applicants Under the ADA,“ The Resource Partnership Program (2007)
  • “Religion in the Workplace, Recent Developments,“ NEHRA Employment Law Update Program (Spring 2006)
  • “Massachusetts Independent Contractor Law, Has the Dust Settled?,“ Seyfarth Shaw Breakfast Briefing (2005)
  • “Hiring Employees, What Are the Permissible Inquiries?,“ Suffolk University Human Resources Graduate Program (2002-2005)
  • “Recent Developments in the ADA, State Disability Law & the FMLA,“ NEHRA Employment Law Update Program (Spring 2004)
  • “Disability Discrimination Law Update and the Reasonable Accommodation Challenge,“ Seyfarth Shaw Breakfast Briefing (2004)
  • “Disability Discrimination and the Interactive Process,“ Seyfarth Shaw Symposium (2003)
     

Publications

Community Involvement

  • Combined Jewish Philanthropies, Innovative Grants Committee (2010-present)
  • Northeast Human Resources Association (NEHRA), Senior Advisor (2008-present)
  • The Resource Partnership, Board of Directors (1998-2009)