Charles H. Kaplan

For more than 40 years, Charlie, a Partner in the Labor and Employment Practice, has counseled employers, in the New York City metropolitan area and throughout the United States, concerning the law of the workplace. He has represented management in federal and state trial and appellate courts, before the U.S. Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), and other federal and state agencies, as well as in arbitrations and mediations. Charlie has also advised companies on labor and employment law issues in mergers, acquisitions, and bankruptcies. His broad range of experience includes handling matters involving:

• employment discrimination, sexual harassment, retaliation, equal employment opportunity, and affirmative action
• wage and hour counseling and litigation
• employment and wage and hour collective and class action defense
• wrongful discharge, defamation and other workplace torts
• employment mediations and arbitrations
• labor relations, union organizing and corporate campaigns, collective bargaining, labor arbitrations, unfair labor practices, strikes, picketing, boycotts and labor injunctions
• human resources administration, personnel policies, employee handbooks, and employment at will issues
• disability accommodation, family and medical leave, earned safe time and sick time, employee dishonesty and disloyalty, identity theft and business fraud, drug testing, workplace violence, social media, privacy, independent contractor, whistleblower, occupational safety and health, joint employer, government contracting, and prevailing wage matters
• IRCA compliance, Form I-9 audits, and Immigration and Customs Enforcement proceedings
• foreign-owned employer issues
• plant closings, mass layoffs, downsizings, and federal and state WARN Act issues
• employee benefits matters, deferred compensation issues, ERISA litigation, and multiemployer pension plan withdrawal liability matters
• executive employment contracts, trade secrets, confidentiality agreements and restrictive covenants
• partnership disputes
• manager and supervisor training
• unemployment insurance proceedings and workers’ compensation retaliation claims
• project labor agreements and labor peace agreements
• public sector workplace law
• Americans With Disabilities Act Title III and state law disability access issues concerning places of public accommodation and website accessibility

Charlie also represents management in proceedings before government agencies. In addition to appearing before the EEOC and the NLRB, he has advocated for employers at the Office of Federal Contract Compliance Programs of the U.S. Department of Labor, the Occupational Safety and Health Administration, the U.S. Department of Homeland Security, the New York State Division of Human Rights, the New York State Department of Labor, the New York State Department of Health, the New York City Commission on Human Rights, the New York City Department of Consumer and Worker Protection, the New York City Department of Small Business Services, the New York City Department of Health and Mental Hygiene, and other federal, state, and local agencies around the nation.

A significant portion of Charlie’s practice is devoted to workplace law matters that arise in the context of business transactions. He advises management on labor and employment issues in mergers, acquisitions, sales, corporate reorganizations and bankruptcies, successor liability, collective bargaining obligations, accretion, withdrawal liability and shutdown effects negotiations.

Prior to joining Hodgson Russ, Charlie was a partner in a New York City law firm.

Services

Education

• Yale University, B.A., magna cum laude, with distinction in History

• Harvard University J.D./M.B.A. Joint Program

• Harvard Business School, M.B.A.
• Harvard Law School, J.D.

Admissions

• New York
• Florida
• U.S. District Court, Southern District of New York
• U.S. District Court, Eastern District of New York
• U.S. Supreme Court