Jonathan Allan Klein

Jonathan is President and Managing Director of Klein, Hockel, Iezza & Patel PC, which he joined in 1998. He offers extensive jury trial and arbitration experience to his clients, especially in the areas of labor & employment, pharmacy and commercial litigation.  Jonathan also counsels employers and employees with various compliance issues, including meal & rest break policies, non-competes, compliance with the interactive process, and reasonable accommodation in the workplace.  His practice currently focuses on labor and employment litigation including wage and hour and ADA class action litigation, and also includes a substantial amount of advice and counsel work for employers.

Jonathan also has particular expertise in representation of health care providers, pharmacists and pharmacies, including Accusations filed by or discipline sought by various regulatory boards, including the California Board of Pharmacy, as well as in litigation involving alleged malpractice or violations of pharmacists’ duties of care.   Jonathan has been extensively involved in disputes with Pharmacy Benefit Managers (“PBMs”) and is one of California’s few pharmacy law experts.

Jonathan also often represents employers seeking return of funds stolen or embezzled.  Jonathan has successfully returned several million dollars in ill-gotten gains to his clients.

Jonathan is AV+ rated by Martindale-Hubbell, was named a 2012 – 2016 “Preeminent Lawyer” in Northern and Southern California, and currently has Martindale-Hubbell’s best rating — 5.0 out of 5.0.  He is currently rated as one of Northern California’s “Super Lawyers.”

EMAIL JONATHAN KLEIN

Education

 

  • University of California at Santa Cruz, B.A. Politics, 1989
  • Santa Clara University School of Law, J.D., 1992, cum laude, Dean’s list
  • University of Sussex, Brighton, England, 1987-1988

 

 

 

Admissions

 

  • Admitted to practice before all state and federal courts in California, December 1992.  Admitted to the U.S. District Court, Eastern District of Michigan, 2015.
  • Admitted pro hac vice in state and federal courts in Nevada, Idaho, Utah, Montana, Washington, Arizona, Maryland, Michigan, New Mexico and Oregon.

 

 

 

Recent Successes & Achievements

 

 

  • On January 13, 2017, Arbitrator Norman Brand found in favor of our client that a Teamsters grievant was terminated for just cause after performance issues and several warnings and suspensions.  His grievance was denied.  Arbitrator Norman Brand agreed Grievant failed to carry out his responsibilities as a licensed pasteurizer.
  • In December, 2016, won Summary Judgment for KHIP’s client, a Silicon Valley startup.  The matter was in binding arbitration before Judge Judith Ryan, Ret., who held that there were no triable issues of material fact and Respondent was entitled to an award as a matter of law.
  • Won Summary Judgment in several recent employment-related matters on behalf of KHK clients, including Dabson v. Penske and Cooper v. Penske.
  • Successfully defeated Plaintiffs’ motion for class certification in the 40,000+ member proposed class in McSwain v. Rite Aid. Our office has been counsel for Rite Aid since 1998.   The case involved allegations that plaintiffs were denied meal and rest breaks as hourly employees at Rite Aid from 2004.
  • Won Summary Judgment in the Eastern District of California before Judge Lawrence J. O’Neill in a disability, interactive process case.  Judge O’Neill agreed with all of the contentions in our brief, holding that Plaintiff was not disabled under California law; that Plaintiff failed to satisfy his burden to trigger the interactive process and reasonable accommodation duties; that the evidence could not support a finding that the stated reason for terminating the Plaintiff was really a pretext for discrimination; and that there was no basis for an award of punitive damages. Read the Order Fenn – Order Granting SJ
  • Obtained a Temporary Restraining Order against Pharmacy Benefit Manager InformedRx on behalf of an independent pharmacy in California.
  • Won summary judgment in a disability discrimination case before the Central District of California (Dam v. Rite Aid) involving Rite Aid’s termination of a pharmacist who “hired” his cousin, a pharmacist technician, as a volunteer to help out at his store on a weekly basis.  The Court agreed that no evidence of pretext could exist, since the suspension and termination decision (although not communication of the decision) were made before plaintiff’s “disability” arose. Read the Order Granting MSJ.

 

 

 

Experience

 

  • Extensive trial experience representing plaintiffs and defendants in state and federal courts in labor & employment and class action wage and hour litigation involving issues of unpaid vacation, overtime, and meal and rest breaks.
  • Responsible for selection of arbitrators and successful arbitration of dozens of labor arbitrations, including matters involving employees of UFCW, Teamsters and ILWU unions in Northern and Southern California.
  • Handled claims before Equal Employment Opportunity Commission, California Department of Fair Employment & Housing, and state agencies throughout the United States, including Nevada, Washington, Idaho, Oregon, Arizona, Utah, Illinois, Connecticut, Georgia and New York.
  • Advises clients regarding compliance with workplace regulations, and regularly represents clients before administrative law judges and panels.  Currently representing clients before OSHA appeals and unemployment appeals boards.
  • Advises pharmacies regarding compliance with state and federal regulations including duties to warn and HIPAA compliance.
  • Serves as national coordinating counsel and liaison counsel for major retail/pharmacy chains on various pharmaceutical matters, including litigation involving Ephedra, Reglan, Vioxx, Bextra, Celebrex, Baycol and PPA.
  • Regularly presents seminars and training sessions on issues relating to employment and pharmacy law, and represents pharmacist and pharmacies regarding Board of Pharmacy investigations, informal conferences and appeals.
  • Represents numerous employers in issues relating to Medicare’s rights to reimbursement under the Medicare Secondary Payer Act. Assisted in the formation of the Medicare Advocacy Recovery Coalition (“MARC”) and strategizes with clients and organizations on legislative and judicial efforts at reform.
  • Repeatedly oversees lawsuits seeking to obtain reimbursement of significant funds stolen from clients by company employees.  In all cases brought to conclusion, employees were sentenced to prison, and substantial assets recovered for our clients.
  • Successfully represented clients in numerous pharmaceutical, American with Disabilities Act, professional negligence, premises liability, commercial litigation, real estate and construction disputes in state and federal courts and before regulatory agencies across the United States.

Publications

 

  • Co-Author, “Medicare Reimbursement Problems: Making the Possible Impossible, Defense Research Institute,” February 2008.  Read the Article HERE.  Mr. Klein, Ms. Liermann and their co-authors won the distinguished G. Duffield Smith Outstanding Publication Award for this article.
  • Co-Author, Medicare White Paper, “Medicare Lien Interests in Liability Settlements: Easy Solutions to Help Resolve Medicare Reimbursement Issues for Beneficiaries and Insuers”, October 2007.    Read the White Paper HERE

 

 

 

Affiliations and Memberships

 

 

 

 

Other

 

 

 

 

Hobbies and Interests

 

  • Avid fan of San Francisco Giants
  • Owns Talent Management Company representing full-time musicians in all levels of management
  • 12th year of coaching girls’ softball (Assistant coach at Piedmont High School and travel ball coach)
  • Struggling to learn to play the guitar.