Kimberly Klein is a partner and Co-Chair of the firm's Labor, Employment and Employee Benefits practice. She has extensive experience representing management, as well as high net worth individuals, in employment litigation matters before state and federal courts, as well as federal and state agencies, including the Equal Employment Opportunity Commission, New York State Division of Human Rights, New York City Human Rights Commission, arbitral forums, and others. In this role, Kimberly has wide-ranging experience litigating discrimination and harassment cases (including sex, age, disability, national origin, equal pay, religion, race, sexual orientation); retaliation; restrictive covenants (non-competes, non-solicitation and non-disclosure); wrongful termination; leave laws; wage and hour claims; wrongful discharge; defamation and other torts; and complex contract claims, including breach of employment and commission agreements. She also has argued appeals before state appellate courts.
Kimberly regularly advises and counsels employers of all sizes on a wide range of employment issues, including internal discrimination/harassment complaints and investigations, wage and hour compliance, employee discipline, disability and leave management (including FMLA, ADA, state sick leave laws, COVID-19 leave laws, NYS Paid Family Leave, pregnancy), reductions in force and related WARN Act compliance, accommodation obligations (including disability, pregnancy, religion, domestic violence), privacy in the workplace, classification of employees (exempt/non-exempt/independent contractors), hiring, terminations, restrictive covenants, performance management and many other issues employers face. She has also participated in numerous collective bargaining negotiations and litigated unfair labor practice claims.
Kimberly routinely negotiates and drafts severance agreements and releases, employment agreements, offer letters, employee handbooks and workplace policies, and non-disclosure and restrictive covenant agreements. She conducts management training for employers on a wide variety of employment law topics, including, EEO/anti-harassment training.
Prior to joining Moses & Singer, Kimberly was an associate at Proskauer Rose LLP. She earned her J.D. from New York Law School, where she graduated magna cum laude and was a member of the Moot Court Association and the Journal of International and Comparative Law. With a Masters in Journalism and Public Affairs, Kimberly is a prolific writer and continues to publish alerts to keep her clients updated on the many important developments in the field.
- Employment Law Issues in the COVID-19 Era: Preparing for Reentry in the Workplace (Webinar), Greater New York Chamber of Commerce (August 13, 2020)
- Preparing for Reentry in the Workplace (Webinar), June 24, 2020
- Ten Tips To Help Employers Prevent Discrimination Claims, May 2017
- NLRB Expands Enforcement Efforts To Non-Unionized Employers Through Social Media Postings and Handbook Policies, September 2012
- Best Practices For Preserving and Producing Electronically Stored Information, December 2011/January 2012
- Employment Issues Employers Must Consider When Starting Their Own Business, January 2010
- New York Law School Journal of International and Comparative Law, Staff Member, 1995; Notes and Comments Editor, 1996-1997
- Semifinalist, Delaware Moot Court Competition; Octofinalist, Froessel Moot Court Competition
- Recipient, Public Interest Fellowship
- Author, “Open Video Systems: A Platform Worth Investing In?,” 1996
Kimberly Klein is a partner and Co-Chair of the firm's Labor, Employment and Employee Benefits practice. She has extensive experience representing management, as well as high net worth individuals, in employment litigation matters before state and federal courts, as well as federal and state agencies, including the Equal Employment Opportunity Commission, New York State Division of Human Rights, New York City Human Rights Commission, arbitral forums, and others. In this role, Kimberly has wide-ranging experience litigating discrimination and harassment cases (including sex, age, disability, national origin, equal pay, religion, race, sexual orientation); retaliation; restrictive covenants (non-competes, non-solicitation and non-disclosure); wrongful termination; leave laws; wage and hour claims; wrongful discharge; defamation and other torts; and complex contract claims, including breach of employment and commission agreements. She also has argued appeals before state appellate courts.
Kimberly regularly advises and counsels employers of all sizes on a wide range of employment issues, including internal discrimination/harassment complaints and investigations, wage and hour compliance, employee discipline, disability and leave management (including FMLA, ADA, state sick leave laws, COVID-19 leave laws, NYS Paid Family Leave, pregnancy), reductions in force and related WARN Act compliance, accommodation obligations (including disability, pregnancy, religion, domestic violence), privacy in the workplace, classification of employees (exempt/non-exempt/independent contractors), hiring, terminations, restrictive covenants, performance management and many other issues employers face. She has also participated in numerous collective bargaining negotiations and litigated unfair labor practice claims.
Kimberly routinely negotiates and drafts severance agreements and releases, employment agreements, offer letters, employee handbooks and workplace policies, and non-disclosure and restrictive covenant agreements. She conducts management training for employers on a wide variety of employment law topics, including, EEO/anti-harassment training.
Prior to joining Moses & Singer, Kimberly was an associate at Proskauer Rose LLP. She earned her J.D. from New York Law School, where she graduated magna cum laude and was a member of the Moot Court Association and the Journal of International and Comparative Law. With a Masters in Journalism and Public Affairs, Kimberly is a prolific writer and continues to publish alerts to keep her clients updated on the many important developments in the field.
- Employment Law Issues in the COVID-19 Era: Preparing for Reentry in the Workplace (Webinar), Greater New York Chamber of Commerce (August 13, 2020)
- Preparing for Reentry in the Workplace (Webinar), June 24, 2020
- Ten Tips To Help Employers Prevent Discrimination Claims, May 2017
- NLRB Expands Enforcement Efforts To Non-Unionized Employers Through Social Media Postings and Handbook Policies, September 2012
- Best Practices For Preserving and Producing Electronically Stored Information, December 2011/January 2012
- Employment Issues Employers Must Consider When Starting Their Own Business, January 2010
- New York Law School Journal of International and Comparative Law, Staff Member, 1995; Notes and Comments Editor, 1996-1997
- Semifinalist, Delaware Moot Court Competition; Octofinalist, Froessel Moot Court Competition
- Recipient, Public Interest Fellowship
- Author, “Open Video Systems: A Platform Worth Investing In?,” 1996
- New York Law School (J.D., magna cum laude)
- American University (M.A. in Journalism and Public Affairs)
- Washington University (B.A.)
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
- New York
Employment Matters
Among the many employment-related litigations and proceedings handled by Ms. Klein, she has successfully:
- Obtained a dismissal of a Charge filed with the U.S. Equal Employment Opportunity Commission (“EEOC”), whereby the claimant alleged he was terminated based on his sexual orientation. After an investigation, the EEOC found that it could not establish that any employment action by the Company violated federal or state discrimination laws.
- Defeated a motion to dismiss our client’s claims after the defendants terminated our client, a high-level C-suite employee, and refused to pay him under his employment agreement. In its decision, the Court determined that our client’s incentive compensation was non-discretionary and could constitute earned wages warranting damages under the New York Labor Law. The Court also ruled that the individual defendant, who is the CEO of the corporate defendant, may be an employer under the New York Labor Law and that the corporate defendant’s failure to pay our client the second half of a promised retention bonus may constitute a breach of good faith and fair dealing. (Fischkoff v. Iovance Biotherapeutics, Inc. et al, No. 17 Civ. 5041 (AT) (GWG), 2018 BL 240813, 2018 WL 4574890 (S.D.N.Y. July 05, 2018)
- Defeated a motion to dismiss our client's claims after defendants terminated our client (high-level C-suite employee) and refused to pay him in accordance with his employment agreement. Among the court's findings were that the incentive compensation was not discretionary, failure to pay a retention bonus may be a breach of good faith and fair dealing, the individual defendant (the CEO) was an employer under NY Labor Law, and the incentive compensation could be found to be earned wages warranting damages under New York Labor Law. (published decision) (Fischkoff v. Iovance Biotherapeutics, Inc. et al, No. 17 Civ. 5041 (AT) (GWG), 2018 BL 240813 (S.D.N.Y. July 05, 2018)
- Obtained partial dismissal of national origin and sex discrimination claims on a motion to dismiss brought against our client, as well as a ruling finding no individual liability on the part of the Chief Executive Officer and dismissing him from the action. Following the depositions of the individual employee plaintiffs, our client, which leases point-of-sale machines, obtained a favorable (but confidential) settlement. (2018)
- Obtained a Dismissal and Notice of Rights from the EEOC in favor of our client, an importer and exporter of costumes, dismissing complainant's Charge alleging wrongful termination based on age discrimination and retaliation. (2018)
- Successfully represented our client in obtaining dismissal of a complaint brought by a live-in nanny for wrongful eviction and breach of employment contract. (2017)
- Obtained spoliation sanctions, including adverse inferences, preclusion and attorneys' fee, for our client after plaintiff was found to have destroyed text messages, electronic data, her computer, handwritten notes, audio recordings and cell phones. The court further granted our motion to conduct a forensic examination of plaintiff's personal email account. (2017)
- Obtained a court ruling on behalf of our client, an art dealer, seeking discovery of plaintiff in a sexual harassment case concerning plaintiff's prior appearance on a reality television show. The court rejected plaintiff's claim that her appearance on the show was too prejudicial and instead found that her participation on the show was relevant to plaintiff's claim for damages. The court ruled defendants were entitled to depose plaintiff and seek discovery on the issue, including conducting an independent medical examination (IME). (2016)
- Successfully represented our client, a swimwear company, against claims made by a terminated employee for failure to pay a bonus and wrongful termination. The court granted our motion to dismiss the complaint in its entirety, together with costs and disbursements, finding that the bonus was at all times discretionary. (2015)
- Defeated a Temporary Restraining Order brought in Supreme Court, New York County by Red Door Salons, Inc. to prohibit our client from operating a competing salon in violation of a non-compete resulting in a quick settlement. (2013)
- Obtained a determination of No Probable Cause for our client, an equipment lease finance company, against claims of age discrimination before the New York State Division of Human Rights. (2013)
- Defeated claims of race discrimination and retaliation in violation of N.Y. Executive Law brought against our client, an equipment lease finance company, before the New York State Division of Human Rights. (2013)
- Represented an outsourcing company before the New York State Division of Human Rights against federal and state harassment claims based on race and marital status. (2012)
- Defended a company that provides tutors to New York City schools before the City of New York, Commission on Human Rights against age discrimination claims by an applicant. (2012)
- Obtained a finding of No Probable Cause for our client, an outsourcing company, against a former employee alleging retaliation in violation of New York State Executive Law before the New York State Division of Human Rights Division. (2012)
- Represented a costume company before the New York State Division of Human Rights against claims of religious discrimination and retaliation by a former employee who was an observant Jew. Despite receiving a determination of No Probable Cause, plaintiff commenced an action before the U.S. District Court, Eastern District of New York, which was quickly dismissed after oral argument at a pre-motion conference without any motion filed. (2012)
- Defended a private equity investment fund against claims of discrimination based on national origin before the State of Connecticut, Commission on Human Rights and Opportunities (“CHRO”). (2011)
- Brought a motion to dismiss plaintiff’s complaint in Supreme Court, New York County, for alleged improper payment under New York Labor Law and other wage-related claims against our client, a production company that creates content for film, television, the web and mobile devices. (2010-2011)
- Settled a breach of employment agreement brought by our client in U.S. District Court, Southern District of New York for roughly $5 million. (2009)
- Defeated claims of wrongful termination and defamation brought by a former employee/broker against our broker-dealer client in an arbitration before the NASD Dispute Resolution, now FINRA. (2006)
- Defeated claims for race and sex discrimination brought before the CHRO for our client, a technology release management firm. (2006)
- Defeated age and race claims in the U.S. District Court, District of New Jersey against our client a broker-dealer. (2006)
General Litigation
Among the many general litigation matters handled by Ms. Klein, she has successfully:
- Dismissal of complaint alleging theft of trade secrets, breach of a term sheet and equitable relief against our client, a manufacturer and supplier of components to power companies and the U.S. military. The ruling was affirmed on plaintiff’s motion for reconsideration and by the Appellate Division, First Department in a published decision. (2008-2009)
- Defended our client, an equipment lease finance company, in an arbitration before the American Arbitration Association, against claims by a competitor of breach of an Asset Purchase Agreement. (2008)
- Obtained a default judgment for our client, a provider of satellite services, for approximately $536,000 after commencing an action in Supreme Court, New York County for breach of contract and account stated. (2007)
- Settled an action brought by our client, a large telecommunications company, in Supreme Court, New York County for roughly the full amount of the claim shortly after commencing the action alleging breach of contract and unjust enrichment. (2009)
- Defeated a summary judgment motion for breach of a loan authorization and fee agreement against our client, a commercial mortgage broker, in the U.S. District Court, District of New Jersey. (2004)
- Moses & Singer Represents Topaz Lighting Corp. in Acquisition by Southwire Company
- Moses & Singer Obtains Dismissal of Discrimination and Retaliation Claims
- Moses & Singer Obtains Early Dismissal of a Claim for Severance
- Employment Law Issues in a Covid-19 Era - Preparing for Reentry
- Moses & Singer Is Proud To Announce Newly-Elevated Lawyers
- M&S Attorneys Obtain Dismissal of Sexual Orientation Claim
- M&S Attorneys Defeat Motion To Dismiss Client's Wage-Related Claims
- Moses & Singer Advises Family Offices on Wealth Management and Risk Avoidance
- Moses & Singer's Women's Initiative Group Creates Origami Art for Children of Sandy Hook Elementary School
- Moses & Singer Co-Hosts The 19th HR Seminar With Actus Consulting Group, Inc.
- Moses & Singer Celebrates Its Alumni
- Moses & Singer's Women's Initiative Hosts Female Entrepreneurs
- OSHA Issues Rule on President Biden’s Vaccine Mandate for Large Businesses
- NY Employers Must Immediately Implement NY HERO Act
- NY Employers Are Required to Adopt Airborne Infectious Disease Prevention Plan by August 5
- New York State Eliminates Mandatory Reopening Guidance for Offices
- New York Requires Employers to Adopt Safety Standards to Reduce Spread of Diseases
- New York Employers Must Provide Paid Leave to Employees for COVID-19 Vaccinations
- Certain Borrowers Who Received a PPP Loan in 2020 May Be Eligible for a Second Forgivable Loan
- Eligible Employers Must Once Again Submit EEO-1 Data After Delay Due to COVID-19
- Employers Can Require Vaccinations In The Workplace With Certain Exceptions
- Changes to New York State’s Travel Advisory
- Ten Important Employment Law Updates for New York Employers
- Important Recent Changes to NYS Voting Law
- SBA And Treasury Release New Streamlined PPP Forgiveness Application For Loans Of $50,000 Or Less
- DOL Clarifies and Revises FFCRA Guidance After A NY Federal Court Invalidates Parts of the Final Rule
- Navigating COVID-19 Leave Laws When Employees Return from High-Risk Travel Destinations
- New PPP Guidance Provides for Partial Loan Forgiveness
- Changes to Law Ease Restrictions on Use of PPP Funds
- Employers Must Comply with Dozens of Mandatory Requirements As Offices Reopen
- The SBA Issues PPP Loan Forgiveness Rules
- Developing a Business Plan to Reenter the Workplace
- Jogger Lawsuit Is a Lesson in Civility in New COVID-19 Normal
- Most NY Employers Must Provide Paid Sick Leave in 2021
- The Payroll Tax Credit – How Employers Get Reimbursed for Federally Mandated Paid Leave
- DOL Provides Answers to Help Employers Manage Federally Mandated Paid Sick and Family Leave
- The Federal Government Mandates Paid Sick and Family Leave In Response to COVID-19
- The U.S. DOL Issues First Round of Regulations Interpreting the Federal Paid Sick and Medical Leave Law In Response to COVID-19
- How To Manage Your Remote Workforce
- More Changes to the Employment Landscape NY Employers Need to Know
- NYS Makes It Easier for Employees to Bring Harassment Claims
- More Employment Law Changes NY Employers Need to Know
- New Proposed DOL Rule Would Make More Employees Eligible for Overtime
- Employment Laws NY Employers Need to Know in 2019
- Calendar of NYS and NYC Sexual Harassment Dates
- Employers May Require Class Action Waivers in Arbitration Agreements
- NYS and NYC have Passed New Anti-Sexual Harassment Laws Requiring Employers to Make Significant Changes to their Policies and to Implement Training
- Does Your Company Have a Plan In Place If An Employee Complains of Sexual Harassment?
- New York Employers Must Start Providing Paid Family Leave in 2018
- Implementation of New Overtime Rules Delayed
- Recent Employment Laws That New York State and City Employers Need to Know
- Many Exempt Workers Will Now Be Eligible to Receive Overtime As a Result of a New DOL Rule
- Newly-Issued Guidance Helps Define Employers' Obligations to Pregnant Employees in New York City
- Second Circuit Breathes Life Into Unpaid Internships, Applying Primary Beneficiary Test
- DOL: A Worker That Is Economically Dependent On an Employer Is an Employee, Not a Contractor
- NYC Employers May Not Ask Applicants About Criminal History on Applications
- Complaint Against Bank for Failure to Provide Adequate Lactation Space Sustained
- NLRB's Attacks on Employee Handbooks Defy Logic
- NYC Employers Restricted In Running Credit Checks on Applicants
- Indefinite Leave May Be a Reasonable Accommodation for NYC Employers
- Tools of the Trade: Keeping Your Wealth Intact for Multiple Generations
- NYC Employers Required to Reasonably Accommodate Pregnant Employees
- Employers Have More Flexibility to Make Deductions from Employee Paychecks
- NY Federal Courts Uphold Class Action Waivers
- Courts Continue to Reject the NLRB's Notice Posting Rule
- Despite Fee-Splitting Agreements, Employers May Still Have to Pay Arbitration Costs in New York
- Employers: Misclassification of Interns and Other Employees Can Be Costly
- Employers Do Not Have To Display NLRB Posting By April 30
- NLRB Takes Aggressive Action on Social Media Use by Non-Union Workforce
- Private Employers Required to Inform Employees of Their Right to Unionize
- New York Court Adopts Strict Federal E-Discovery Standard
- NLRB: Employees Cannot Waive Right to Class Actions
- NLRB Postpones Employer Posting Requirement at Judge's Request
- Penalties Under the Wage Theft Prevention Act Applied Retroactively
- NLRB Extends Controversial Posting Deadline
- Employee Release of Claims Held Not to Include Discrimination Claim
- Private Employers Now Required to Inform Employees of Their Right to Unionize or Face Possible Unfair Labor Charge
- EEOC to Employers: Don't Focus On Whether An Employee Is Disabled
- Severe Penalties Related to NY's New Wage Law
- Employee Arbitrations May Be Costly To Employers
- New Laws Govern Hiring/Retention of People with Criminal Convictions
- The DOL Makes Available COBRA Model Notices for Employers
- Employers Must Pay a Portion Of COBRA Premiums for Eligible Employees
- Amended Disability Law Makes Employers More Vulnerable to Disablity Claims
- NY Passes Law for Employers Reducing Their Workforce
- Circuit Courts and Agency Split on Enforceability of FMLA Claim Releases
- Discrimination Against Working Parents Or Caregivers Has Become An EEOC Focus
- New DOL Report Recognizes Employers Frustrations with FMLA, But the Agency Has No Plans to Propose Changes
- Employers Must File Revised EEO-1 Report In September
- U.S. E.E.O.C. v. Alamo Rent-A-Car LLC (No. CIV 02-01908-PHX-ROS)
- U.S. E.E.O.C. v. Wal-Mart Stores, Inc. (8.05-CV-00313)
- U.S. E.E.O.C. v. Wal-Mart Stores, Inc. (8.05-CV-01862)
- U.S. E.E.O.C. v. National Education Association (Civil Action No. A01-0225-CV)
- Employers Must Dot Their "i"s And Cross Their "t"s When Performing Background Checks
- Misclassifying An Employee Under the FLSA Can Be Costly For Employers
- Second Circuit Remands For Trial Hostile Environment Claim