Alan M. Kaplan

Principal, Schaumburg
Phone: 847.734.8811
akaplan@masudafunai.com

Alan Kaplan represents management in employment litigation and counseling, as well as union avoidance and negotiations. His government experience gives him unique insight and contacts when representing companies before federal, state and local agencies that regulate labor and employment laws, including the Equal Employment Opportunity Commission (EEOC), the Department of Labor, Occupational Safety Health and Administration (OSHA) and the National Labor Relations Board (NLRB).

Prior to Mr. Kaplan's association with Masuda Funai, he was employed with the NLRB as an attorney in the Office of the General Counsel in Washington, D.C. and as a trial attorney and hearing officer in the Chicago Regional Office.

Mr. Kaplan has extensive experience in defending companies in employment discrimination and wrongful discharge cases in both federal and state courts. In addition, he advises clients in hiring, wage and hour, discipline, termination and disability matters, as well as collective bargaining, grievance and arbitration matters, employment contracts and occupational safety and health. He also conducts supervisory training sessions on various employment law issues, including discrimination, harassment, union avoidance, hiring, discipline, safety and how employers should comply with laws relating to ill or injured employees.

Mr. Kaplan has served as Chair of the Labor and Employment Section Council of the Illinois State Bar Association for the 2007-2008 year. In addition, he has been on the planning committees and as a featured speaker for the Public Sector Labor Relations Conference, sponsored by Chicago-Kent Law School and the Labor Law Conference, co-sponsored by the National Labor Relations Board. He has received an AV Rating from LexisNexis Martindale-Hubbell, and was selected as a 2007 Illinois Super Lawyer.

Mr. Kaplan is a frequent author and speaker on various employment and labor issues. He has given seminars on harassment, union avoidance and employment discrimination to organizations.

Representative Matters


  • Handled employment and COBRA matters during the acquisition of a manufacturing facility.

  • Handled union matters during the acquisition of a hotel, including negotiations and an anti-union election campaign in which the union was defeated.

  • Obtained injunction against Steelworkers Union after two-day trial in federal court.

  • Represented construction companies during audits by trust funds and subsequent litigation in federal court.

  • Negotiated union contracts with Machinists, Auto Workers, Teamsters and other unions in the manufacturing, service, warehousing, and construction industries.

  • Obtained summary judgment decisions in favor of companies in discrimination, family and medical leave, pregnancy discrimination and overtime cases.

  • Represented an employer before Seventh Circuit Court of Appeals in a race discrimination case, which was dismissed because of lies on an employment application.

  • Implemented multiple reductions-in-force for companies in telecommunication, machine tool, banking, auto and pharmaceutical industries, including stay-and-pay, rehire and severance agreements.

  • Represented manufacturing companies before OSHA and the Solicitor of Labor during investigations and litigation involving employee injuries and deaths.

Practice Areas

Education

  • DePaul University College of Law, J.D., 1980
  • Northwestern University, B.S.E., 1973 and M.A., 1975 in Educational Administration

Admissions

  • Illinois
  • Kentucky
  • Ohio
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Eastern District of Tennessee
  • U.S. Court of Appeals for the Seventh, Ninth and District of Columbia Circuit

Professional Activities

  • American Bar Association's Subcommittee on Practice and Procedure Before the NLRB
  • Board of Directors, Chicago Kent School of Law Public Sector Labor Relations Conference
  • Chicago Bar Association
  • Kentucky State Bar Association
  • Ohio State Bar Association
  • Section Council of the Labor and Employment Committee of the Illinois State Bar Association