HANK J. KAPLAN was born in Brooklyn, New York and raised in North Bergen, New Jersey. He graduated cum laude from Princeton University in 1977 with a degree in Philosophy of Science, did graduate work in philosophy at University of Pittsburgh, and then entered New York University School of Law, where he received his law degree in 1981. After serving as a law clerk to U.S. District Judge Gus Solomon, Mr. Kaplan was admitted to both the Oregon and New York State Bar Associations in 1983. His practice includes public and private sector labor law, collective bargaining, employment litigation, individual employment contracts, wage litigation, employment benefits litigation, and workplace technology and privacy issues.

Areas of Practice

Labor & Employment Law -- Negotiation of collective bargaining agreements, interest arbitration, grievance arbitration, jury trials, mediation, administrative hearings, and participation in public employee benefits boards. Litigation experience include contract cases, FLSA, unfair labor practice charges, medical insurance, disability benefits, unemployment, pension, leave, wage & hour, USERRA rights, probate, ERISA, discrimination, workers compensation, just cause discipline and discharge, and others. Clients include state-wide unions representing police, fire, and other public safety employees, transportation workers, teachers, classified employees, nurses, pulp and paper workers, airline pilots, security guards, long shore workers, and others. Speaking and lecturing experience includes presentations to Public Employee Relations Conference, and numerous conferences and training sessions sponsored by Oregon Education Association and Labor Education and Resource Center.

Significant Cases

Wage & Hour Law
FLSA action Approximately 80 Paramedics, Dispatchers, and EMTs filed claims under the Fair Labor Standards Act for wages for training time required to maintain EMT certifications. Hank Kaplan represented the employee class, pursued the case in Federal Court and won a ruling that the employer was in violation of the FLSA and owed two years of back wages for training time.

Wage & Hour Law
FLSA action Arson Investigators in the Fire Bureau sought overtime for hours worked in excess of standard work week for law enforcement officers, not fire suppression employees. Hank Kaplan brought action in federal court resulted in settlement requiring retroactive and prospective payments to these employees as law enforcement agents.

Labor Law
A 1500-member Nursing unit on strike against OHSU where the employer sought to induce striking nurses to cross picket line by offering benefits never offered at the bargaining table. Hank Kaplan, representing the Union, brought unfair labor practice charges against the hospital to prohibit the illegal inducement. The State Employment Relations Board issued expedited ruling prohibiting the practice, and awarded the largest monetary remedy in its history against the employer.

Labor Law
A transit supervisor was demoted to a bus-operator position due to alleged fraternization with his girlfriend on the job. Hank represented the Union in grievance proceedings against the employer and showed that there was no violation of any clearly expressed company rules. The Arbitrator reinstated grievant with back pay and no discipline at all.

Employment Law
An employee suffering from anxiety disorder was refused the right to return to work by his employer, because he could not work in a locked facility without a key, even though employer had positions available in facilities which would not require exposure to that situation. Hank filed a disability discrimination lawsuit in federal court on behalf of the employee. The employer settled the case before trial, agreeing to give the employee a large portion of money and other relief he was asking the federal court to award.

Employment Benefits
County Correctional employees returning from military service overseas were denied credit for lost pension benefits. The state Public Employee Retirement System administrative rules did not permit recognition of military service time as creditable service time calculating retirement benefits. Hank filed a claim with the U.S. Dept. of Labor for violation of benefits required by federal USERRA statutes. The Department of Labor issued findings that required the State to reform its administrative rules to comply with federal law.

Labor Law
Private-sector Local union affiliate put into trusteeship by its International Union sought to secede from the International Union and join a competitor, without proper authorization of membership. Hank brought suit in federal court to enforce trusteeship and enjoin the subversion of member dues to another union. The Local leadership resigned and agreed to cooperate with transferring operations of the local union to the trusteeship, ensuring orderly transition of representation of its members.

Other Complex Litigation
Hank has served as member of our firms litigation teams for both the Public Employees Retirement System (PERS) litigation and the Bill Sizemore litigation.