Charles H. Kaplan, a partner in the firm’s New York office, represents management throughout the United States and abroad in virtually all aspects of labor and employment law and related litigation. A member of the firm’s Employment and Labor Law group, Mr. Kaplan represents employers in federal and state trial and appellate courts, as well as before enforcement agencies, including the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Office of Federal Contract Compliance Programs of the U.S. Department of Labor, the New York State Division of Human Rights, the New York State Department of Labor, and the New York City Commission on Human Rights.
Mr. Kaplan counsels management in public and private companies and other organizations, and in a broad range of industries, on a wide variety of employment and labor law issues, including: employment discrimination, sexual harassment, retaliation, equal employment opportunity, affirmative action, wage and hour, and collective and class action defense; employment-at-will; 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 and employee handbooks; disability, family and medical leave, employee dishonesty and disloyalty, drug testing, workplace violence, social media, privacy, independent contractor, whistleblower, occupational safety and health, government contracting and prevailing wage matters; foreign-owned employer issues; plant closings, downsizings and mass layoffs; employee benefits issues and ERISA litigation; executive employment contracts, trade secrets, confidentiality agreements and restrictive covenants; partnership disputes; manager and supervisor training; unemployment insurance and workers’ compensation; immigration law compliance, and public sector workplace law matters.
Advising management on labor and employment issues in mergers, acquisitions, sales, corporate reorganizations and bankruptcies; including successor liability, collective bargaining obligations, accretion, withdrawal liability, and shutdown effects negotiations; and handling related workplace law matters that arise in business transactions has long been a significant component of Mr. Kaplan’s practice.
Mr. Kaplan also represents employers’ owners, their estates and other parties in trusts and estates law proceedings in the Surrogate’s and appellate courts.
Affiliations, Activities and Accomplishments
Mr. Kaplan is actively involved in the legal, human resources and industrial relations communities. He has participated in numerous professional and business organizations, including: the American Employment Law Council; Management Attorneys Conference; New York State Bar Association (Labor and Employment Law Section); American Bar Association (Sections of Labor and Employment Law, Tort and Insurance Practice and International Law); International Bar Association (Global Employment Institute, Committee on Employment and Industrial Relations Law, and Committee on Discrimination and Gender Equality); Federal Bar Council; New York County Lawyers' Association; WESFACCA; Society for Human Resource Management; American Society for Healthcare Human Resources Administration; Metropolitan Arbitration Group; Japan Society; Japanese Chamber of Commerce and Industry; French-American Chamber of Commerce; German American Chamber of Commerce; British American Business; Employment Lawyers Association (U.K.); and International Foundation of Employee Benefit Plans.
Mr. Kaplan has served on various committees of the New York City Bar Association, including the Committee on Labor and Employment Law (1984-1987); Committee on Employee Benefits (1990-1992); and Committee on State Legislation (1993-1995). He was the president of the New York City Chapter of the Labor and Employment Relations Association (1998-1999). Mr. Kaplan was a member of the American Arbitration Association’s Labor Arbitration Practice Committee (1989-1996). He also served on the New York State Lieutenant Governor's Task Force on Plant Closings (1984-1985). Super Lawyers selected Mr. Kaplan in Metro New York for Employment Litigation: Defense (2010-2012).
Mr. Kaplan is admitted to practice law in New York and Florida, and before the United States Supreme Court and a number of other federal courts around the nation.
Publications and Presentations
The media, including The Financial Times, Market Watch, and Bloomberg, often quote Mr. Kaplan’s comments on employment and labor law developments. He has also appeared on Fox Business Network to discuss workplace law issues. Mr. Kaplan served in the Working Group that issued the “Balancing Report” on Work-Life Balance, Multinationals’ Policies and Human Resources Law that the International Bar Association’s Global Employment Institute published in March 2012.
Mr. Kaplan has spoken on employment and labor law issues throughout the United States, and in Europe, Asia and Africa, to business, legal, academic and governmental audiences under the auspices of the American Bar Association, the International Bar Association, the Society for Human Resource Management, the Association of Corporate Counsel, the New York State Bar Association, the New York City Bar Association, Cornell University’s School of Industrial and Labor Relations, the World Bank, Japan’s Keidanren Kaikan, University College-Dublin, the Government of Uganda, the Management Attorneys Conference, and others.
Employment & Labor; Media, Entertainment & Sports Law; Fashion Industry; Hospitality Industry, Privacy and Data Protection, Class Action