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 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 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, and the Society of Human Resource Management.

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 is a board member of the Wisconsin State Bar's Labor & Employment Law Section and is a member of the Utah State Bar. He is admitted to practice before the state courts of Wisconsin and Utah, the Western and Eastern District Courts of Wisconsin, the District Court of Utah, the Seventh Circuit Court of Appeals and the Tenth Circuit Court of Appeals.

Mr. Kaplan has been included in The Best Lawyers in America® and the 2008, 2009 and 2010 editions of Chambers USA: America's Leading Lawyers for Business for his labor and employment work.

Recent Presentations and Publications:

• "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)
• "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)