Charles H. Kaplan

Specialization

• Employment and Labor
• Health Care
• Litigation

About 's Practice

Charles H. 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, in a broad range of industries, on a wide variety of employment and labor law issues. His experience includes 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.

His practice also includes advising management on labor and employment law issues in mergers, acquisitions, sales, corporate reorganizations, and bankruptcies; also, successor liability, collective bargaining obligations, accretion, withdrawal liability, and shutdown effects negotiations. 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 fiduciaries and other parties in trusts and estates law proceedings in New York’s Surrogate’s and appellate courts.

Education

• J.D., Harvard Law School, 1979
• M.B.A., Harvard Business School, 1979
• B.A., Yale University, magna cum laude, with Distinction in History, 1975
  • Publisher, Yale Daily News

Major Publications & Speaking Engagements

• Editor, New York Employment Law Letter
• Quoted, "Employers Can Learn Lessons from New-Style Union Organizing Efforts," HR Daily Advisor, April 5, 2022
• Quoted, "Policy Changes on the Way as Bill Ending Sexual Harassment Arbitration Passes," HR Daily Advisor, February 11, 2022
• Quoted, "New Biden Nominee Is First Step Toward Democrats Gaining NLRB Majority," HR Daily Advisor, May 27, 2021
• Quoted, "'Scabby' Heading for Trap? NLRB Mulls When Inflatable Rat Can Scurry to Protests," HR Daily Advisor, October 29, 2020
• Quoted, "New York Judge Strikes Blow Against DOL Joint Employer Rule," HR Daily Advisor, September 9, 2020
• Quoted, "NLRB Changes Course, Sets New Standard on Profane Outbursts," HR Daily Advisor, July 23, 2020
• Quoted, "States to Decide Stimulus Bill's Effect on Unemployment Taxes," HR Daily Advisor, March 31, 2020
• Quoted, "With Scalia at Helm, Expect DOL to Be More 'Disciplined,' Pro-Business'," HR Daily Advisor, September 27, 2019 
• Author, "State lawmakers ratify dramatic proemployee changes to NYSHRL," New York Employment Law Letter, July 2019, and HR Daily Advisor, August 29, 2019
• Quoted, "Supreme Court Pick Seen as Generally Favorable to Employers," HR Daily Advisor, July 10, 2018.
• Quoted, "Supreme Court's Class Action Waiver Ruling Expected to Have Immediate Impact," HR Daily Advisor, May 22, 2018
• Quoted, "Puzder's withdrawal means 'no one's in charge' at DOL," Human Resources News, February 16, 2017
• Author, "New York adopts higher salary thresholds for exempt employees," New York Employment Law Letter, December 2016, and Human Resources News, December 29, 2016
• Quoted, "Columbia University decision latest NLRB victory for unions," Human Resources News, August 24, 2016
• Quoted, "Injunction stops July 1 implementation of new 'persuader' rule," Human Resources News, June 27, 2016
• Quoted, "New York, California gearing up for $15 minimum wage," Human Resources News, April 5, 2016
• Quoted, "New DOL 'persuader rule' limits employers' ability to fight union organizing," Human Resources News, March 23, 2016
• Quoted, "NLRB dismisses petition to unionize Northwestern football players," Human Resources News, August 17, 2015
• Quoted, "Worried about 'quickie election' rule? Attorneys urge supervisor training," HR Hero Line, April 29, 2015
• Author, "New York tipped minimum cash wage to rise to $7.50 an hour," Human Resources News, March 2, 2015
• Quoted, "Guidance for HR when racial tension spreads from streets to workplace," Diversity Insight, December 14, 2014

Professional Recognition

New York Super Lawyers® 2010-2012, Employment Litigation

Admitted to Practice

• New York, 1980
• Florida, 1981
• U.S. Supreme Court, 1984