Adam T. Klein Esq.

Adam T. Klein Esq.

Partner
Location:
New York, New York
Phone:
(212) 245-1000
Fax:
(646) 509-2060
Email:

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.)

Areas of Practice

  • Class Action and Impact Litigation
  • Employment Discrimination
  • Wage and Hour Claims

Litigation Percentage

  • 100% of Practice Devoted to Litigation

Bar Admissions

  • New York, 1991
  • U.S. District Court Southern District of New York
  • U.S. District Court Eastern District of New York
  • U.S. District Court Western District of New York
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals 11th Circuit

Education

  • Hofstra University School of Law, Hempstead, New York
    • J.D. - 1990
  • Cornell University, School of Industrial and Labor Relations, Ithaca, New York
    • B.S. - 1987

Published Works

  • Contingent Worker Abuses: The Class Action Remedy, Employee Rights Quarterly, 2000
  • Advanced Litigation Issues Under the Fair Labor Standards Act, American Bar Association Conference for Section on Labor & Employment , 2003
  • When Outsourcing Cheats Workers
  • Use Of ADR Procedures To Resolve Complex Employment Discrimination Litigation From A Plaintiff's Perspective: No Thanks, Outten & Golden LLP, 2004
  • The DOL’s New FLSA White Collar Exemption Regulations and Working with the DOL on FLSA Actions, Employee Rights and Employment Policy Journal, Vol 10, No. 2, 2006
  • Eight-Minute Electronic Discovery, 2006
  • Employer Credit-History Checks And Criminal Record Checks Of Job Applicants For Hiring Decisions: The Illegality Under Title VII Disparate Impact Doctrine, 2007
  • Mandatory Arbitration of Employment Class Action Disputes: From the Perspective of Plaintiffs' Counsel, 776 PLI/Lit. 255, 2008
  • Off-The-Clock Claims From The Employee's Perspective, Chapter 8 from Compensation, Work Hours and Benefits, 2009
  • Adam Klein Discusses Unpaid Intern Litigation, Wage-Hour Issues Related To Remote Connectivity And Employer Misclassification, The Bureau of National Affairs, Inc, 2013
  • Use Of Statistical Evidence In Complex Wage Litigation

Classes/Seminars

  • Speaker, "Deep Diving Equal Pay," American Bar Association, Section of Labor & Employment, National Conference on Equal Employment Opportunity Law Austin, TX, 2016 - Present
  • Speaker, "Class and Collective Actions - Rapid Fire Case Law Update," National CLE Conference - Labor & Employment (Vail, CO), 2015 - Present
  • Speaker, "Title VII Class Certification-Issues Certification and Targeting Specific Employment Practices Post Dukes and Comcast", National Conference on Equal Employment Opportunity Law, ABA Section of Labor & Employment (Miami Beach, FL), 2015 - Present
  • Faculty, "The Boundaries of the Employment Relationship: Who is an Employee? Who is the Employer?", Eighteenth Annual NYU Workshop on Employment Law for Federal Judges, NYU Labor & Employment Law, Institute of Judicial Administration, NYU University School of Law (New York, NY), 2015 - Present
  • Speaker, "Judge and Magistrate Judge Class and Collective Actions _ What is Viable and What is Not?", Law Education Institute, National CLE Conference (Vail, CO), 2015 - Present
  • Speaker, "Legal issues and Safeguards Associated with Performance Evaluation Programs", ABA Section of Labor and Employment Law, 8th Annual Labor and Employment Law Conference (Los Angeles, CA), 2014 - Present
  • Speaker, "Challenges to Subjective Selection Systems; 'Pattern or Practice' Promotion and Pay Claims in Higher-Level Jobs", Title VII of the Civil Rights Act After 50 Years, NYU 67th Annual Conference on Labor, New York University (New York, NY), 2014 - Present
  • Panelist, "Your Day in Court?: The Undermining of Access to Justice", American Constitution Society for Law and Policy (ACS) Convention (Washington, DC), 2014 - Present
  • Speaker, "Gender Pay Disparity: 50 Years after the Equal Pay Act", Discrimination and Retaliation, 7th Annual Labor and Employment Law Conference (New Orleans), 2013 - Present
  • Panelist, "Compensation and Discrimination/Equal Pay Issues in the Financial Services Sector, ELA, Third Transatlantic Conference (London, England), 2013 - Present
  • Moderator, 'Advanced Class Action Topics", National Conference on Equal Employment Opportunity Law, ABA Section of Labor & Employment Law, 2013 - Present
  • Lecturer, "Managing Wage & Hour Risks," Practicing Law Institute (New York, NY), 2013 - Present
  • Panelist, Hofstra Labor & Employment Law Journal 30th Anniversary Reception and Symposium, Employment Discrimination (New York, NY), 2013 - Present
  • Lecturer, "Managing Wage & Hour Risks," Practicing Law Institute (New York, NY), 2010 - Present
  • "Cross-Border Class Action Litigation," As the World Turns: Perspectives on International Labor and Employment Law (New York, NY), 2009 - Present
  • "Making the Call Whether to Settle: Assessing Damages, Settlement Structure, Administration and More," American Conference Institute?s 7th National Advanced Forum on Wage Hour Claims and Class Actions (New York, NY), 2009 - Present
  • "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), 2009 - Present
  • "Evidence Issues/Use of Experts," Center for Labor and Employment Law: Twelfth Annual NYU Workshop on Employment Law for Federal Judges (New York, NY), 2009 - Present
  • "Reacting to the Changing American Workforce and Workplace, Part I: Lifestyle Behaviors & Relationships," The 13th Annual Corporate Counsel Institute (Washington, DC), 2009 - Present
  • "Class and Collective Actions Update," National CLE Conference - Labor & Employment (Vail, CO), 2009 - Present
  • Advanced Issues in Collective Actions, NELA Fall Conference ? Representing Workers In Individual & Collective Actions Under the FLSA, New Orleans, LA, 2007 - Present
  • Equal Employment Opportunity Committee (Co-Chair), ABA Annual Convention, San Francisco, CA, 2007 - Present
  • Litigating Racial Discrimination and Harassment Claims, NELA Annual Conference, San Juan, P.R., 2007 - Present
  • EEOC Spotlights Employment Testing and Screening in the 21st Century Workplace, Equal Employment Opportunity Commission, Washington, D.C., 2007 - Present
  • Mock E-Discovery Hearing, New York University School of Law / American Bar Association, NYC, 2007 - Present
  • 4th National Forum on Wage & Hour Claims & Class Actions (Co-Chair), American Conference Institute, NYC, 2007 - Present
  • Wage and Hour Law and Litigation Strategies, Cornell University's Labor and Employment Law Program, NYC, 2007 - Present
  • Corporate Counsel Forum on Wage & Hour Compliance: What Plaintiffs' Counsel Look for in Wage and Hour Conduct: Industries and Practices in Their Sights, American Conference Institute, Las Vegas, NV, 2007 - Present
  • National Conference on Equal Employment Opportunity Law (Co-Chair), American Bar Association, Charleston, SC, 2007 - Present
  • 1st Annual HR in Hospitality Conference: Fair Labor Standards Act: Wage and Hour Compliance and the Consequences of Non-Compliance, Human Resources Executive Conferences, Las Vegas, NV, 2007 - Present
  • 1st Annual HR in Hospitality Conference: The Law of the Workplace: Hot Employment Issues for the Hospitality Industry, Human Resources Executive Conferences, Las Vegas, NV, 2007 - Present
  • All for One and One for All: Class and Collective Actions ? Leading Edge Logistical and Legal Issues, Law Education Institute, National CLE Conference on Labor & Employment Law, Snowmass Village, CO, 2006 - Present
  • 35Th Annual Institute on Employment Law, Practicing Law Institute, NYC, 2006 - Present
  • FLSA Update, ABA Annual Convention, Honolulu, HI, 2006 - Present
  • Equal Employment Opportunity Committee (Co-Chair), ABA Annual Convention, Honolulu, HI, 2006 - Present
  • Glass Ceiling Litigation, American Inns of Court, NYC, 2006 - Present
  • E-Discovery, Georgetown University Law Center, Employment Law & Litigation Institute 2006, Washington, D.C., 2006 - Present
  • Wage & Hour Litigation, New York University School of Law / Federal Judicial Center, Workshop for Federal Judges, NYC, 2006 - Present
  • Evidence Issues in Collective and Class Actions, Georgetown University Law Center, Evidence Issues and Jury Instructions in Employment Cases, Washington, D.C., 2006 - Present
  • State Class Action & Arbitration Law, NYU Law School ? Institute of Judicial Administration, NYC, 2005 - Present
  • Summary Judgment in Employment Discrimination Cases, Second Circuit Staff Attorney Training Seminar, NYC, 2005 - Present
  • Mediation & Settlement Strategies, NELA Fall Conference: Impact Litigation: Representing Workers In Class, Collective & Multiple Plaintiff Actions, Boston, MA, 2005 - Present
  • The New White Collar Regulations, NELA Fall Conference: Impact Litigation: Representing Workers In Class, Collective & Multiple Plaintiff Actions, Boston, MA, 2005 - Present
  • Ethical Hot Spots for Lawyers in the Electronic Age, ABA Annual Convention, Chicago, IL, 2005 - Present
  • Emerging Issues in Employment Discrimination Law: Electronic Discovery, New York County Lawyers' Association and NELA/NY, NYC, 2005 - Present
  • High Profile Wage and Hour Litigation, NELA/NY Spring Conference, NYC, 2005 - Present
  • Wage & Hour Class Actions, Georgetown University Law Center, Employment Law & Litigation Institute: Legal Trends and Practice Strategies, Washington, D.C., 2005 - Present
  • Disparate Impact: The Most Recent Word on This Long-Standing Discrimination Theory, Including the New Ways of Proving Disparate Impact and Whether It Is Available in All Discrimination Areas, Including Age Discrimination, ABA Section of Labor and Employment Law, Equal Employment Opportunity Committee, 2005 Midwinter Meeting, Naples, FL, 2005 - Present
  • Wage & Hour Litigation, New York University School of Law / Federal Judicial Center, Workshop for Federal Judges, NYC, 2005 - Present
  • Employment Law Collective Actions - Leading Edge Logistical and Legal Issues, Snowmass National CLE Conference, Aspen, CO, 2005 - Present

Honors and Awards

  • Lawdragon 500 Leading Lawyers in America , 2012 - 2014
  • Best Lawyers in America, 2008 - 2019
  • Super Lawyers, 2007 - 2017
  • Lawdragon 500 Leading Plaintiff Employment Lawyers, 2018
  • Hall of Fame in the Legal 500

Professional Associations and Memberships

  • National Employment Lawyers Association (NELA), Member
  • New York Affiliate (NELA/NY), Executive Board, 2000 - 2006
  • National Employment Lawyers Association, Former Co-Chair, Class Action Committee
  • American Association for Justice, Employee Rights Section, Executive Board
  • American Bar Association, Member
  • American Bar Association, Co-Chair, Technology & Federal Law Clerks Training Program Committee
  • American Bar Association, Labor and Employment Law Section, Equal Employment Opportunity Committee
  • American Bar Association, Labor and Employment Law Section, Employee Rights and Responsibilities Committee
  • American Bar Association, Litigation Section, Class Action and Derivative Suits Committee
  • American Bar Association, Co-Chair, Largest Committee
  • American Bar Association, Labor and Employment Section, Equal Employment Opportunity Committee
  • American Bar Association, Trustee of the Lawyers' Committee, Civil Rights Under Law
  • Federal Bar Council, Member
  • National Wage and Hour Clearinghouse, Member, Advisory Board
  • The Labor and Employment Law Program, Member, Advisory Board
  • Executive Committee of the Lawyers’ Committee for Civil Rights Under Law, Co-Chair
  • Employee Rights Section of the American Trial Lawyers Association, Executive Board
  • American Bar Foundation, Fellow
  • College of Labor and Employment Lawyers, Fellow
  • 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, Member

Pro Bono Activities

  • Board of Directors, Alumni Association, School of Industrial and Labor Relations at Cornell University

Languages

  • English (Primary)

Fraternities/Sororities

  • Sigma Phi Epsilon