Contact Information
Phone: (503) 227-4600
Fax: (503) 248-6800
E-Mail: Click here »
Cell: (503) 984-0845
Joined Firm
1/4/88
Admitted to Practice
New York Bar: 1983
Oregon State Bar: 1983
Oregon Federal Bar: 1984
Education
New York University School of Law (J.D., 1981)
University of Pittsburgh, Department of Philosophy (Teaching Fellowship; Doctoral Candidate 1977-78)
Area of study: Philosophy of Science, Mathematical logic
Courses taught: Introductory Logic, Philosophy and Public Issues
Princeton University (B.A., cum laude, 1977)
Major: Philosophy of Mathematics. Special degree certificate in History and Philosophy of Science.Ê Honors Thesis on Intuitionist Mathematics
Prior Experience
Metropolitan Public Defenders
Staff Attorney: Felony and misdemeanor cases, civil commitments, juvenile delinquency and dependency, and criminal appeals.
1985-1987
LaBarre & Associates
Associate Attorney: complex litigation, class actions, securities litigation, personal injury
1983-84
Hon. Gus. J. Solomon, U.S. District Judge
District of Oregon
Law Clerk: District Court cases in Oregon, Washington, Nevada, and California, and appellate cases for the the Ninth Circuit Court of Appeals.
1981-83
Martindale-Hubbell Rating
AV
HANK J. KAPLAN was born in Brooklyn, New York and raised in North Bergen, New Jersey. He graduated cum laude from Princeton University in 1977 with a degree in Philosophy of Science, did graduate work in philosophy at University of Pittsburgh, and then entered New York University School of Law, where he received his law degree in 1981. After serving as a law clerk to U.S. District Judge Gus Solomon, Mr. Kaplan was admitted to both the Oregon and New York State Bar Associations in 1983. His practice includes public and private sector labor law, collective bargaining, employment litigation, individual employment contracts, wage litigation, employment benefits litigation, and workplace technology and privacy issues.
Areas of Practice
Labor & Employment Law -- Negotiation of collective bargaining agreements, interest arbitration, grievance arbitration, jury trials, mediation, administrative hearings, and participation in public employee benefits boards. Litigation experience include contract cases, FLSA, unfair labor practice charges, medical insurance, disability benefits, unemployment, pension, leave, wage & hour, USERRA rights, probate, ERISA, discrimination, workers compensation, just cause discipline and discharge, and others. Clients include state-wide unions representing police, fire, and other public safety employees, transportation workers, teachers, classified employees, nurses, pulp and paper workers, airline pilots, security guards, long shore workers, and others. Speaking and lecturing experience includes presentations to Public Employee Relations Conference, and numerous conferences and training sessions sponsored by Oregon Education Association and Labor Education and Resource Center.
Significant Cases
Wage & Hour Law
FLSA action Approximately 80 Paramedics, Dispatchers, and EMTs filed claims under the
Fair Labor Standards Act for wages for training time required to maintain EMT certifications.
Hank Kaplan represented the employee class, pursued the case in Federal Court and won a
ruling that the employer was in violation of the FLSA and owed two years of back wages
for training time.
Wage & Hour Law
FLSA action Arson Investigators in the Fire Bureau sought overtime for hours worked in
excess of standard work week for law enforcement officers, not fire suppression employees.
Hank Kaplan brought action in federal court resulted in settlement requiring retroactive
and prospective payments to these employees as law enforcement agents.
Labor Law
A 1500-member Nursing unit on strike against OHSU where the employer sought to induce
striking nurses to cross picket line by offering benefits never offered at the bargaining
table. Hank Kaplan, representing the Union, brought unfair labor practice charges against
the hospital to prohibit the illegal inducement. The State Employment Relations Board
issued expedited ruling prohibiting the practice, and awarded the largest monetary remedy
in its history against the employer.
Labor Law
A transit supervisor was demoted to a bus-operator position due to alleged fraternization
with his girlfriend on the job. Hank represented the Union in grievance proceedings against
the employer and showed that there was no violation of any clearly expressed company rules.
The Arbitrator reinstated grievant with back pay and no discipline at all.
Employment Law
An employee suffering from anxiety disorder was refused the right to return to work by
his employer, because he could not work in a locked facility without a key, even though
employer had positions available in facilities which would not require exposure to that
situation. Hank filed a disability discrimination lawsuit in federal court on behalf of
the employee. The employer settled the case before trial, agreeing to give the employee
a large portion of money and other relief he was asking the federal court to award.
Employment Benefits
County Correctional employees returning from military service overseas were denied credit for lost pension benefits. The state Public Employee Retirement System administrative rules did not permit recognition of military service time as creditable service time calculating retirement benefits. Hank filed a claim with the U.S. Dept. of Labor for violation of benefits required by federal USERRA statutes. The Department of Labor issued findings that required the State to reform its administrative rules to comply with federal law.
Labor Law
Private-sector Local union affiliate put into trusteeship by its International Union
sought to secede from the International Union and join a competitor, without proper
authorization of membership. Hank brought suit in federal court to enforce trusteeship
and enjoin the subversion of member dues to another union. The Local leadership resigned
and agreed to cooperate with transferring operations of the local union to the trusteeship,
ensuring orderly transition of representation of its members.
Pension Law
Attorney Hank Kaplan, representing several hundred retirees covered by the Fire Police Disability and Retirement Fund, sued the City of Portland for miscalculation of pension benefits based upon a misapplication of the City Charter. The City denied that a form of pay known as Apparatus Operator Premium should be included in the Charter definition of First Class Fire Fighter pay, and challenged the City’s failure to include longevity pay in the pension calculations for certain fire fighters. Following the initial lawsuit, an administrative law judge examined the bargaining history and City Charter language, and ruled in the retirees favor on both issues, restoring approximately $2 million in lost pension benefits. The City appealed the ruling, and a Multnomah County circuit court judge affirmed the decision.
Other Complex Litigation
Hank has served as member of our firms litigation teams for both the Public Employees
Retirement System (PERS) litigation and the Bill Sizemore litigation.
