Daniel A. Kaplan: Lawyer with Foley & Lardner LLP

Daniel A. Kaplan

Madison,  WI  U.S.A.

Peer Rating
BV® Distinguished

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Practice Areas

  • Automotive
  • Food & Beverage
  • Manufacturing
  • Personalized Medicine
  • ADA & FMLA Compliance
  • Discrimination, Harassment & Retaliation
  • Labor & Employment
  • Labor & Employment Class Actions
  • Privacy, Security & Information Management
  • Reductions-in-Force
  • Trade Secret Noncompete Litigation
  • Union/Employer Matters
University University of Wisconsin - Madison, B.A., 1988
Law SchoolMarquette University Law School, J.D., cum laude, 1992
Admitted1992, Wisconsin and Utah; Western and Eastern District Courts of Wisconsin; District Court of Utah; Seventh Circuit Court of Appeals; United States Supreme Court
LanguagesAmerican Sign Language; Hebrew; Spanish

Daniel A. Kaplan is a partner with Foley & Lardner LLP, practicing with the Labor & Employment Practice.

Mr. Kaplan counsels employers in all aspects of the employer-employee relationship, including wage and hour, employment contracts, confidentiality and non-compete agreements, worker's compensation, unemployment compensation, family and medical leave, and all state, federal and local discrimination laws. Mr. Kaplan has experience litigating before various state and federal agencies, various state courts, and federal courts, including the Supreme Court, throughout the country.

In addition, Mr. Kaplan works with employers on employee and supervisor training and traditional labor matters, such as union organizing, collective bargaining, grievance processes and arbitration. Mr. Kaplan also has extensive experience in defending and advising employers on safety and health related matters under the Occupational Safety & Health Act (OSHA). Mr. Kaplan has defended employers in OSHA matters throughout the country and in over a dozen matters involving employee fatalities.

Mr. Kaplan also regularly counsels employers on affirmative action obligations under Executive Order 11246, affirmative action plans, AAP audits, and all matters involving the OFCCP. Mr. Kaplan has represented employers throughout the country on their AAP needs, including petitions to the OFCCP for functional plan development, and the implementation of applicant tracking requirements and compliance with the Internet applicant regulations.

Mr. Kaplan's wage and hour experience includes regularly representing national and international clients in federal and state courts, as well as the United States Supreme Court, on FLSA collective action claims and state wage and hour class actions claims.

Mr. Kaplan has been a presenter at numerous employment seminars, including seminars for the Wisconsin State Bar Association, the Labor Letter (a management-side employment law publication), the Labor Employment Advanced Practices Symposium, the Society of Human Resource Management, and MRA - the Management Association.

Mr. Kaplan joined Foley in 1995 after practicing law for a large firm in Salt Lake City, Utah for three years in the same areas.

Mr. Kaplan earned his J.D. degree, cum laude, from the Marquette University Law School in 1992. He earned a bachelor's degree from the University of Wisconsin - Madison in 1988.

Mr. Kaplan presently serves on the board of directors for the Wisconsin State Bar's Labor & Employment Law Section (to which he has been elected on two separate occasions), and is a member of the Wisconsin State Bar. He is admitted to practice before the state courts of Wisconsin, and the federal courts for the Western and Eastern District Courts of Wisconsin, the District Court of Utah, the Seventh Circuit Court of Appeals, and the United States Supreme Court.

Mr. Kaplan has been Peer Review Rated as BV® Distinguished™, a mark of excellence in Martindale-Hubbell's peer review rating system and has been included in each edition of The Best Lawyers in America® since 2007 for his work in labor and employment. He has also been included in every edition of Chambers USA: America's Leading Lawyers for Business since 2008 in recognition of his labor and employment work. In addition, he was selected for inclusion in the 2010 - 2013 Wisconsin Super Lawyers® lists, for his employment and labor work.

Recent Presentations and Publications:

· FMLA and Other Employee Leaves - New Challenges, New Insights," Labor & Employment Law Advanced Practices Symposium, Las Vegas, NV (April 5, 2013)

· "Navigating Legal and PR Challenges When Confronted with an OSHA Inspection or Citation," Wisconsin Safety Council's Food Safety Conference, Wisconsin Dells, WI (February 19, 2013)

· "Labor & Employment Law and Case Update: Year-In-Review," Health, Labor and Employment Law Institute, Wisconsin Dells, WI (August 23, 2012)

· "OFCCP & More - Unique Issues for Federal Contractors," Labor & Employment Law Advanced Practices Symposium, Las Vegas, NV (March 23, 2012)

· "Workplace Safety: New Sheriff, New Rules, Big Risks," Labor & Employment Law Advanced Practices Symposium, Las Vegas, NV (March 22, 2012)

· "Emerging Trends in Employment Law," Encore Unlimited's and M3's Managing Liability and Risk in the New Economy, Best Practices, Methods and Techniques Seminar, Pewaukee, WI (March 1, 2012)

· "Retaliation Risks Escalate - To Record Levels," Labor & Employment Law Advanced Practices Symposium, Las Vegas, NV (April 1, 2011)

· "OFCCP & More - Unique Issues for Federal Contractors," Labor & Employment Law Advanced Practices Symposium, Las Vegas, NV (March 31, 2011)

· "Social Media: Employer's Friend or Foe?" Foley & Lardner Inner Workings Web Conference (September 8, 2011)

· "The New OSHA Regime - Increased Inspections, Citations and Litigation, and How to Respond When OSHA Knocks on Your Business Door," MRA Annual Federal and Wisconsin Law Update, Waukesha, WI (February 2011)

· "OFCCP & More - Unique Issues for Federal Contractors," Labor & Employment Law Advanced Practices Symposium, San Diego, CA (April 22, 2010)

· "Web 2.0 - Social Media Policies and Practices for HR Professionals," Labor & Employment Law Advanced Practices Symposium, San Diego, CA (April 22, 2010)

· "OFCCP and OSHA," Foley & Lardner Labor and Employment Law Client Seminar, Milwaukee, WI (March 2010)

· "FMLA Update - New Rights, New Interpretations," Labor Employment Advanced Practices Symposium, Washington, D.C. (November 5, 2009)

· Contributor, The Law Guide - Employee Relations Law for Wisconsin Employers, annual employment law treatise published by MRA - The Management Association, Inc.

· "Recordkeeping - How the New Ledbetter Fair Pay Act Changes What You Thought You Knew!," Labor Employment Advanced Practices Symposium, Washington, D.C. (November 5, 2009)

· "Wage and Hour Class Action Suits Come to Health Care: What You Need to Know," Foley & Lardner LLP Web Conference (October 9, 2009)

· "What Employment Law Issues Are Keeping In-House Counsel Awake at Night (or Should Be)?," West Legal Center/Celesq Web Conference (September 15, 2009)

· "After Star Direct - The Shifting Wisconsin Restrictive Covenant Landscape," Wisconsin State Bar Labor & Employment Law Presentation (September 17, 2009)

· "The Legal Implications for Businesses Using Social Media (and for the Agencies Helping Them)," Comet Branding Blog Podcast (May 20, 2009)

· "Wage & Hour Litigation - Class/Collective Actions," and "Affirmative Action Obligations - Compliance with Executive Order 11246/OFCCP Enforcement," Johnson Controls Lunch & Learn Web Conference Series (sponsored by Foley & Lardner) (June 2009)

· Co-author, "Unresolved Questions: When Are Actual Damages Required in Stored Communications Act Cases?," BNA's Privacy & Security Law (April 2009)

· "MySpace, Your Liability? Blogs, Web Surfing, IMs and Workplace Privacy Rights In An Increasingly Open World," Labor & Employment Law Advanced Practices Symposium, Las Vegas, NV (March 19, 2009)

· "Privacy In the Workplace," Labor Employment Advanced Practices Symposium, Las Vegas, NV (March 2009)

· "The New FMLA Regulations," "Privacy In the Workplace," and "Separation Agreements," MRA Employment Law Update Symposium, Waukesha, WI (January 2009)

· "Electronic Communications in the Workplace," "Responding to an Employment Discrimination Charge," and "Diversity Issues In Employment," MRA Employment Law Update Symposium, Waukesha, WI (January 2008)


Documents by this lawyer on Martindale.com

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Coming to Your Workplace Soon? Union Organizing Efforts Via the Company's Email System
Daniel A. Kaplan, June 6, 2014
In late 2007, the Bush-era National Labor Relations Board issued what has since simply become known as the Register Guard decision. In that decision, a divided Board (along political lines) held that employees have no specific legal right to use their employer’s email system for nonbusiness...

As the Class Waiver Turns — The Latest in the D.R. Horton Saga
Daniel A. Kaplan, December 12, 2013
Tuesday, December 3, 2013, marked the latest turn in the D.R. Horton saga. On Tuesday, the Fifth Circuit Court of Appeals rejected the National Labor Relations Board’s (the Board’s) January 3, 2012 ruling in the D.R. Horton case, which had found that D.R. Horton’s Mutual...

UAW Re-Establishing Importance by Opening Doors With Foreign Carmaker in the U.S.
Daniel A. Kaplan, September 24, 2013
Union membership has been in a steady decline for decades, reaching, according to a N.Y. Times article, a 97-year low. While much of the perception and general opinion for the sharp decline in 2012 (from 11.8% to 11.3% of the workforce according to the recent Bureau of Labor Statistics release) was...

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Office Information

Daniel A. Kaplan

150 East Gilman Street
MadisonWI 53703-1482


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