Daniel A. Kaplan

Partner

Overview

Daniel A. Kaplan is a partner and litigation attorney with Foley & Lardner LLP and is co-chair of the firm’s Labor & Employment Practice. Daniel counsels employers in all aspects of the employer-employee relationship, including wage and hour, employment contracts, confidentiality and non-compete agreements, worker’s and unemployment compensation, family and medical leave, disability accommodations and compliance with the Americans with Disability Act, and all state, federal and local discrimination laws. Daniel has experience litigating before various state and federal agencies, various state courts, and federal courts throughout the country, including the Supreme Court. 

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

Daniel also regularly counsels employers on affirmative action obligations under Executive Order 11246, Section 503 of the Rehabilitation Act and VEVRAA, affirmative action plans, AAP audits, and all matters involving the OFCCP. Daniel has represented employers throughout the country on their AAP needs, including petitions to the OFCCP for functional plan development, defense of desk and on-site plan audits, and litigation.

Daniel’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.

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

Thought Leadership

Daniel 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.

Education

Daniel 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.

Admissions and Professional Memberships

Daniel served on the board of directors for the Wisconsin State Bar’s Labor & Employment Law Section (to which he had 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.

Recognition

Daniel has been Peer Review Rated as BV® Distinguished™, a mark of excellence in Martindale-Hubbell's peer review rating system. Specifically for his labor and employment work, he was one of only three Wisconsin attorneys recognized in the Who’s Who of Legal Management Labour & Employment Lawyers (2011 – 2016). Daniel has also been included in each edition of The Best Lawyers in America© since 2007 for his work in labor and employment and has been named the Madison Labor Law-Management “Lawyer of the Year” by Best Lawyers® (2015, 2016 and 2018). In addition, he has also been included in every edition of Chambers USA: America’s Leading Lawyers for Business since 2008 and listed with Wisconsin Super Lawyers® since 2010.

Select Presentations and Publications

  • "Update for Federal Contractors – the New Regulations Hit Home (and Other New Matters)," Labor & Employment Law Advanced Practices Symposium, Las Vegas, NV (March 13, 2014)
  • "Leave Your Leave Troubles Behind: Your Guide to Managing All Types of Employee Leaves," Labor & Employment Law Advanced Practices Symposium, Las Vegas, NV (March 12, 2014)
  • "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)

Representative Matters

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Defend small food manufacturer with respect to an OSHA citation issued for alleged lack of guarding requirements.
Represented and assisted international frozen food manufacturer and packager in an ongoing Office of Federal Contract Compliance Programs audit involving multiple hundreds of employees and applicants for employment.
Defend international food manufacturing company with operations in Madison, Wisconsin against an employee claim for emotional distress and punitive damages claim in Wisconsin state court through trial. Successful obtain summary judgment dismissing punitive damage claim and then successfully obtained directed verdict at the close of trial on the remaining emotional distress claim.