Jonathan Klein is a Partner in the firm’s Employment & Labor and Pharmacy practices with more than three decades of extensive jury trial and arbitration experience, especially in labor and employment, pharmacy and commercial litigation.

Mr. Klein counsels employers and employees on various compliance issues, including meal and rest break policies, non-competes, compliance with interactive process, and reasonable accommodations in the workplace. His practice focuses on labor and employment litigation, including wage and hour and ADA class action litigation, as well as advice and counsel work for employers.

His particular expertise is in the 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. Mr. Klein has been extensively involved in disputes with Pharmacy Benefit Managers (PBMs) and is one of California's few attorneys practicing in pharmacy law. He often represents employers seeking return of funds stolen or embezzled. Mr. Klein has successfully returned several million dollars in ill-gotten gains to his clients.

Representative Experience

  • Successfully defended numerous cases on behalf of employers before binding NLRB-mandated binding arbitrators, in cases of discipline and breach of contract.
  • 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 arbitration, including matters involving employees of UFCW, Teamsters and ILWU unions in Northern and Southern California.
  • Handle 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.
  • Advise 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.
  • Advise pharmacies regarding compliance with state and federal regulations including duties to warn and HIPAA compliance.
  • Serve 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.
  • Represent 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.
  • Oversee 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.
  • Represent clients in numerous pharmaceutical, American with Disabilities Act, professional negligence, premises liability, commercial litigation, real estate and construction disputes in state and federal courts before regulatory agencies across the United States.
  • Represent pharmacies in significant disputes with Pharmacy Benefit Managers (PBMs), insurance companies and other entities.
  • Represent wholesalers, manufacturers and other health-care related industries.
  • Won Summary Judgment in several employment related matters, 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.
  • 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, Dam v. Rite Aid, before the Central District of California 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. 

Honors & Awards

Publications and Speeches

  • Corresponding Responsibility - Attacks from Both Sides, Speaker, American Society for Pharmacy Law, November 2016
  • Pharmacies/Pharmacists and Employment Law, Speaker, American Society for Pharmacy Law, November 2019
  • "Medicare Reimbursement Problems: Making the Possible Impossible, Defense Research Institute," Co-author, February 2008. Read the Article. Mr. Klein, Ms. Liermann and their co-authors won the distinguished G. Duffield Smith Outstanding Publication Award for this article.
  • "Medicare Lien Interests in Liability Settlements: Easy Solutions to Help Resolve Medicare Reimbursement Issues for Beneficiaries and Insurers,” Co-Author, Medicare White Paper, October 2007. Read the White Paper.

Pro Bono and Community Involvement

  • Oakland Girls Softball League (OGSL), Past President and Board Member 

Memberships and Affiliations

  • California State Bar
  • American Society for Pharmacy Law
  • Northern California Association of Defense Counsel
  • Friends of the University of Sussex, Past Board Chair
  • UCSC Social Sciences Board of Councilors, Past Board Member

Education

Santa Clara University School of Law, J.D.

  • cum laude, Dean's List

University of California at Santa Cruz, B.A.

University of Sussex, Brighton, England

Previous Experience

  • Klein, Hockel, Iezza & Patel, P.C., Partner

Areas of Practice

Admissions

  • California
  • U.S. District Court for the Eastern District of Michigan

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