Kyle D.Winnick

Kyle’s experience includes defending businesses in high‑stakes wage and hour and independent contractor matters. For example, he was part of a trial team that successfully defended a company in a multiplaintiff lawsuit under the Fair Labor Standards Act (FLSA) that challenged the client’s core business model. He has helped secure decertification in class and collective wage and hour actions, obtained summary judgment in exemption and independent contractor misclassification cases, and achieved victories in numerous arbitrations involving federal and state wage and hour issues.

Kyle’s litigation experience spans the full range of employment laws, including cases involving discrimination, harassment, retaliation, defamation, and employment‑related torts. He has successfully litigated complex and contentious matters across the country, including in California, Georgia, Florida, Louisiana, New Jersey, New York, Pennsylvania, and Texas. He frequently appears in federal and state courts, as well as before agencies such as the US Department of Labor, the New York State Division of Human Rights, and the New Jersey Division on Civil Rights. This insight enables Kyle to effectively counsel and advise businesses, as he understands how sound policies and practices can help minimize litigation risk and cost.

Kyle’s influence extends beyond his own litigation results by advancing employer‑side jurisprudence and policy. For instance, he authored an amicus brief to the US Supreme Court on behalf of a trade group representing human resources professionals. He has drafted multiple comments for the US Chamber of Commerce in response to proposed federal and state agency rulemaking.

Kyle’s track record of success in pretrial and trial practice reflects his strategic and competitive approach to every stage of litigation. Through focused discovery and targeted motion practice, he applies pressure at each phase of a case, up to and including trial. In a recent example, Kyle was part of a trial team that secured multiple arbitration victories—including on unpaid overtime and other wage and hour claims—on behalf of a Fortune 500 company.