Adam T. Klein - Nationwide Employment Class Action Lawyer

Together: Class actions level the playing field. They are an agent of change and a potent tool to remedy injustice.

Adam T. Klein

Deputy Managing Partner
New York Office
(212) 245-1000

About

ADAM T. KLEIN is the Deputy Managing Partner of Outten & Golden LLP, and founded the firm's class action practice area.  His practice focuses on the prosecution of class actions and impact litigation of employment discrimination and wage and hour claims. Mr. Klein currently serves as lead or co-lead plaintiffs' counsel in numerous major class action lawsuits involving discrimination claims in the financial services industry, the high tech industry, and challenges to the use of credit and criminal history records for employment decisions. At present, Mr. Klein is co-lead plaintiffs’ counsel in lawsuits challenging employment practices at Goldman Sachs, Microsoft, and Sandia.  Mr. Klein is lead class counsel in a now concluded lawsuit against the Census Bureau, which was filed in affiliation with a consortium of civil-rights organizations challenging the use of arrest and criminal history records as a screen for employment for 850,000 applicants.  In 2016, the parties reached a landmark settlement with the federal government that requires the Census Bureau to reform its hiring practices for the 2020 decennial census as well as creating a class-member Records Assistance Project housed at the Cornell University ILR School and in coordination with the Lawyers' Committee for Civil Rights Under Law.  The Census Bureau legal team led by Mr. Klein won the Public Justice 2017 Trial Lawyer of the Year Award.  
 
Mr. Klein represents the Metropolitan Council of the New York State Conference of the NAACP in challenges to the use of criminal history records as a screen for employment. In addition, Mr. Klein serves as co-lead plaintiffs' class counsel in now settled nationwide discrimination class action lawsuits against Smith Barney (gender - Amochaev v. Smith Barney), Bank of America/Merrill Lynch (gender – Calibuso v. Bank of America), and Morgan Stanley (race - Jaffe v. Morgan Stanley).  Each settlement provides class members with substantial monetary relief and creates systematic changes to company practices. Mr. Klein also served as co-lead plaintiffs' class counsel in a "glass ceiling" gender discrimination class action against MetLife, based on discrimination in promotions and compensation, which resulted in a settlement that created beneficial changes in the company.

Mr. Klein is a Co-Chair of the Lawyers' Committee for Civil Rights Under Law. For numerous years, Mr. Klein has been selected as one of the Lawdragon 500 leading lawyers in America as well as Best Lawyers in America, New York’s Super Lawyers – Manhattan Edition, and as a member of the Hall of Fame in the Legal 500.  Mr. Klein is a Fellow of the College of Labor & Employment Lawyers. Mr. Klein received his undergraduate degree from the School of Industrial and Labor Relations at Cornell University in 1987 and his law degree from Hofstra University in 1990.  Mr. Klein was admitted to the New York state bar in 1991. He is also admitted to practice in the federal Second, Ninth, and Eleventh Circuits and the U.S. District Courts for the Southern, Eastern, and Western Districts of New York.
 

 (*Prior results do not guarantee a similar outcome.)

Back to top

Bar Admissions & Professional Activities

  • Mr. Klein was admitted to the New York state bar in 1991. He is also admitted to practice in the federal Second, Ninth, and Eleventh Circuits and the U.S. District Courts for the Southern, Eastern, and Western Districts of New York.

  • Incoming Co-Chair, Executive Committee of the Lawyers’ Committee for Civil Rights Under Law

  • Member, National Employment Lawyers Association (NELA) and former co-chair of its Class Action Committee, and he served on the Executive Board of NELA’s New York Affiliate (NELA/NY) from 2000 to 2006.

  • Served on the Executive Board of the Employee Rights Section of the American Trial Lawyers Association (now AAJ).

  • Member, American Bar Association, where he served as the Plaintiffs' Co-Chair of the Committee on Technology and Federal Law Clerks Training Program, and is a member of the Committees on Equal Employment Opportunity and Employee Rights and Responsibilities of the Section of Labor and Employment Law and the Class Action and Derivative Suits Committee of the Section of Litigation.

  • Past Plaintiffs’ Co-Chair of the largest committee within the Labor and Employment Section – the Equal Employment Opportunity Committee.

  • Fellow, American Bar Foundation

  • Fellow, College of Labor and Employment Lawyers

  • Member, Advisory Boards of the Labor and Employment Law Program and the Scheinman Institute on Conflict Resolution at the School of Industrial and Labor Relations for Cornell University

  • Member, Advisory Board of the National Wage and Hour Clearinghouse

Back to top

Speaking Engagements

Mr. Klein has testified before the Equal Employment Opportunity Commission and Congress on issues relating to employment law. Mr. Klein is also a frequent lecturer and has participated in programs relating to employment law sponsored by the American Constitutional Society, the Institute for Judicial Administration, the American Bar Association, Cornell University, Georgetown University Law School, New York University Law School, the Law and Education Institute, the Practicing Law Institute, the National Employment Lawyers Association, the Bar Association of the City of New York, the Impact Fund, the American Conference Institute, and Strafford Publications.

2017

  • Speaker: "Impact Analysis: When To Use It & The Statistics To Support It," National Employment Lawyers Association (NELA), NELA 2017 Annual Convention, San Antonio, TX

2016

  • Speaker: "Deep Diving Equal Pay," American Bar Association, Section of Labor & Employment, National Conference on Equal Employment Opportunity Law, Austin, TX

2015

  • Speaker: "Class and Collective Actions — Rapid Fire Case Law Update," National CLE Conference - Labor & Employment, Vail, CO
  • Speaker: "Title VII Class Certification—Issues Certification and Targeting Specific Employment Practices Post Dukes and Comcast," ABA Labor & Employment Section, National Conference on Equal Employment Opportunity Law, Miami Beach, FL
  • Faculty: "The Boundaries of the Employment Relationship: Who is an Employee? Who is the Employer?," NYU Labor & Employment Law, Institute of Judicial Administration, NYU University School of Law, Eighteenth Annual NYU Workshop on Employment Law for Federal Judges, New York, NY
  • Speaker: "Judge and Magistrate Judge Class and Collective Actions — What is Viable and What is Not?," Law Education Institute, National CLE Conference, Vail, CO

2014

  • Panelist: "Your Day in Court?: The Undermining of Access to Justice," American Constitution Society for Law and Policy (ACS) Convention, Washington, DC
  • Speaker: "Legal issues and Safeguards Associated with Performance Evaluation Programs," BA Section of Labor and Employment Law, 8th Annual Labor and Employment Law Conference, Los Angeles, CA
  • Speaker: "Challenges to Subjective Selection Systems; 'Pattern or Practice' Promotion and Pay Claims in Higher-Level Jobs," New York University, Title VII of the Civil Rights Act After 50 Years, NYU 67th Annual Conference on Labor, New York, NY

2013

  • Speaker: "Gender Pay Disparity: 50 Years after the Equal Pay Act," ABA Labor & Employment Section, 7th Annual Labor and Employment Law Conference, New Orleans, LA
  • Panelist: "Compensation and Discrimination/Equal Pay Issues in the Financial Services Sector," ELA, Third Transatlantic Conference, London, England
  • Moderator: "Advanced Class Action Topics," ABA Section of Labor & Employment Law, National Conference on Equal Employment Opportunity Law, Savannah, GA
  • Lecturer: "Managing Wage & Hour Risks," Practicing Law Institute, New York, NY
  • Panelist: "Employment Discrimination," Hofstra, Hofstra Labor & Employment Law Journal 30th Anniversary Reception and Symposium, New York, NY

2010

  • Lecturer: "Managing Wage & Hour Risks," Practising Law Institute, New York, NY

2009

  • Speaker: "Cross-Border Class Action Litigation," As the World Turns: Perspectives on International Labor and Employment Law, New York, NY
  • Speaker: "Making the Call Whether to Settle: Assessing Damages, Settlement Structure, Administration and More," American Conference Institute, 7th National Advanced Forum on Wage Hour Claims and Class Actions, New York, NY
  • Speaker: "Criminal History, Bad Credit Scores, and Hiring Discrimination: Title VII and the Use of Criminal Records and Credit History as Hiring Criteria," The American Bar Association Section of Labor and Employment Law and the ABA Center for Continuing Legal Education, Teleconference
  • Speaker: "Evidence Issues/Use of Experts," Center for Labor and Employment Law, Twelfth Annual NYU Workshop on Employment Law for Federal Judges, New York, NY
  • Speaker: "Reacting to the Changing American Workforce and Workplace, Part I: Lifestyle Behaviors & Relationships," The 13th Annual Corporate Counsel Institute, Washington, DC
  • Speaker: "Class and Collective Actions Update," National CLE Conference - Labor & Employment, Vail, CO
Back to top

Publications & Articles

Use Of Statistical Evidence In Complex Wage Litigation

Adam T. Klein and Tarik F. Ajami. Statistical evidence has taken its place as a core class of evidence in complex employment cases. Yet despite the centrality of statistics in the field, there is precious little caselaw addressing the use of expert statistical evidence in complex wage-and-hour litigation. However, as a growing number of practitioners have recognized, class and collective wage-and-hour litigation is as well-suited or better-suited for the use of statistical experts as are Title VII and other employment actions.

Adam Klein Discusses Unpaid Intern Litigation, Wage-Hour Issues Related To Remote Connectivity And Employer Misclassification

Adam T. Klein, attorney at Outten & Golden LLP, is interviewed by Katarina E. Wiegele, of Bloomberg BNA for the FLSA Litigation Tracker, Litigation Q & A. Reproduced with permission from FLSA Litigation Tracker, (July 12, 2013). Copyright 2013 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

Off-The-Clock Claims From The Employee's Perspective

Employment law attorney Adam T. Klein, and Sean Farhang. Chapter 8 from Compensation, Work Hours and Benefits: Proceedings of the New York 57th Annual Conference on Labor edited by Hirsch, Samuel Estreicher 05/05/2009

In this paper we discuss legal issues relevant to off-the-clock wage and hour claims. By “off-the-clock” claims we refer to claims alleging that the defendant failed to pay an employee for work time which was compensable under relevant wage and hour law. Our primary focus is application of the Fair Labor Standards Act (“FLSA”) to off-the-clock claims.

Mandatory Arbitration of Employment Class Action Disputes: From the Perspective of Plaintiffs' Counsel

Co-Authored by Adam T. Klein and Nantiya Ruan, 776 PLI/Lit. 255, 2008

Employer Credit-History Checks And Criminal Record Checks Of Job Applicants For Hiring Decisions: The Illegality Under Title VII Disparate Impact Doctrine

Adam T. Klein, ReNika Moore, and Professor Scott A. Moss, May 3, 2007.

The legality under Title VII of employer use of credit-history checks as a job criterion or investigative tool is a question best answered in several parts. First, are employee credit-history checks a sufficiently widespread practice to merit the issuance of written guidance by the EEOC? Second, are employee credit-history checks an employment practice that has a disproportionately negative impact on African-Americans (and other protected groups as well)? Third, are employee credit-history checks a practice that is job-related and consistent with business necessity? Fourth, and perhaps most broadly, would barring the use of employee credit-history information in determining employment suitability comport with the goals and purposes of Title VII? Each question will be answered in turn...

Eight-Minute Electronic Discovery

Adam T. Klein, Esq. Tarik F. Ajami, Esq. Douglas C. James, Esq. Rachel Wilhelm, 2006

Technophobes, relax: electronic discovery is, at its core, just discovery. And being discovery, it is fundamentally the process of locating, reviewing, and producing materials that are not privileged and that are reasonably likely to lead to evidence admissible at trial. Fed. R. Civ. P. 26(b)(1). But today, virtually every document on the planet is generated and stored in some kind of digital format. The practical effect of this is that plaintiffs and defendants alike are, perhaps unknowingly, sitting atop a mountain of invisible documents, many of which may well be discoverable in the event of litigation.

The DOL’s New FLSA White Collar Exemption Regulations and Working with the DOL on FLSA Actions

Adam T. Klein, Mark R. Humowiecki, Tarik F. Ajami, and Cara E. Greene, Employee Rights and Employment Policy Journal, Vol 10, No. 2, Winter 2006.

Use Of ADR Procedures To Resolve Complex Employment Discrimination Litigation From A Plaintiff's Perspective: No Thanks

Authored by Adam T. Klein, Tarik F. Ajami and Mark R. Humowiecki, 2004. Arbitration of employment discrimination claims – be it a hybrid like “med/arb” and “arb/med” or pure arbitration – at least from a plaintiff’s perspective, offers no real advantages. To the contrary, it appears that the two main objectives of “cram-down” arbitration of employment disputes are (1) to discourage the filing of these claims in the first place and (2) to eliminate the possibility of class action litigation. Once forced into arbitration, the claimant is at a distinct disadvantage due to inequities in information access relative to the employer, the lack of public transparency, the lack of meaningful appellate review, and the “repeat player” dynamic. 

When Outsourcing Cheats Workers

By Adam T. Klein, Esq. and Mark R. Humowiecki, Esq. A paper on corporate outsourcing and how it cheats workers.

More than 60 years after the passage of federal minimum wage and overtime laws, hundreds of West African immigrants were working twelve hours a day, seven days per week, for as little as $1.25 per hour, at New York City’s largest retail grocery stores and pharmacies. How could well-known, multi-billion dollar companies, such as Duane Reade, A&P, and Gristede’s, so openly and egregiously violate the law? Welcome to “outsourcing”— a corporate practice touted by business visionaries as a way of focusing on core competencies and producing efficiencies, but also a tried and true means of lowering labor costs, escaping liability for employment law violations, and blocking labor organizing efforts, all achieved by avoiding a formal employment relationship with outsourced workers.

Advanced Litigation Issues Under the Fair Labor Standards Act

Co-authored by Adam T. Klein and Nantiya Ruan, American Bar Association Conference for Section on Labor & Employment (Summer 2003)

Contingent Worker Abuses: The Class Action Remedy

Adam T. Klein and Scott Moss, Employee Rights Quarterly, Winter 2000.

Back to top

Awards & Recognition

  • 2018 Lawdragon 500 Leading Plaintiff Employment Lawyers

  • Lawdragon 500 Leading Lawyers in America

  • Best Lawyers 2008-2019

  • Super Lawyers 2007-2017

  • Hall of Fame in the Legal 500

Back to top

Profiles