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  Labor & Employment
  Class Action Defense



Brian A. Hartstein / Associate
Professional Experience
Brian A. Hartstein is an associate in the Labor & Employment Group at Quarles & Brady LLP. Mr. Hartstein represents and counsels management in a wide range of labor and employment issues, with a particular emphasis in employment discrimination litigation. His experience includes individual and class action litigation arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and other federal, state and local employment laws. In 2004 Mr. Hartstein served as a law clerk to Administrative Judge Rebecca Dickenson at the EEOC’s Washington, D.C. Field Office. Representative experience includes:

  • Successfully defended manufacturing client against, discrimination, harassment and retaliation claims under Title VII and the ADEA. Including prevailing on a motion for reconsideration of a motion for summary judgment. Hubbell v. World Kitchen, LLC,  2010 WL 5092255 (W.D.Pa. Dec. 8, 2010); Hubbell v. World Kitchen, 688 F. Supp.2d 401 (W.D. Pa. Feb. 24, 2010).

  • Successfully defending an airline service provider against a national origin discrimination claim, prevailing on summary judgment. Tallud v. Aircraft Service International Group, 08-CV-6750 (N.D. Ill. Oct. 20, 2009).

  • Representing a medical equipment manufacturer in a 104 Plaintiff ADEA collective action, including the oversight of a large scale electronic discovery process, dozens of depositions and multiple expert witnesses.

  • Successfully representing various fortune 500 clients on a variety of Title VII, ADA, and ADEA claims who prevailed on Motions to Dismiss or Motions for Summary Judgment.

  • Counseling and representing employers in matters related to human resources, preventing and defending lawsuits and administrative actions, reductions in force and advising employers on current development employment laws including FLSA, VESSA, FMLA, USERRA, Title VII, ADA, and ADEA.  

  • Defending class and collective action claims under Title VII, ADEA and the FLSA.

  • Defending employers against wage claims, discrimination claims, retaliation claims and unemployment claims before the Equal Opportunity Commission (EEOC), Department of Labor (DOL), Occupational Health and Safety Administration (OSHA) and various state agencies.

  • Preparing comprehensive employment policies and handbooks for numerous employers in many states.
     
  • Preparing executive and general employment contracts in the manufacturing, non-profit, real estate and other industries.

  • Drafting and reviewing representations and warranties of labor and employment related portion of purchase agreements on large scale asset and stock purchases. Conducting due diligence reviews of executive employment agreements, collective bargaining agreements and assorted policies in support of same.
Education and Honors
  • Georgetown University Law Center (J.D., 2006)
  • Cornell University (B.S., 2003)
    B.S. in Industrial and Labor Relations.
Bar Admissions
Illinois, 2006

Professional Recognition
Selected for inclusion in Illinois Super Lawyers®–Rising Stars Edition 2012 (Employment & Labor).

Selected Presentations/Publications
  • Co-Author, Race Discrimination, Ch. 1, The Employment Law Handbook, IICLE 2012.

  • Author, EEOC Releases Final Rule on Genetic Discrimination, Illinois Manufacturer’s Association Magazine, Winter 2011.

  • Co-Presenter, Labor & Employment Law in 2011, Quarles & Brady, November 17,  2010.

  • Presenter, Health Care Reform and Your Business Clients, Illinois Institute for Continuing Legal Education Webinar, Chicago, Illinois, September 14, 2010.

  • Co-Author, The Purchase Sale, Relocation, or Shutdown of a Business, Ch. 16, The Labor Law Handbook, IICLE 2010.

  • Co-Author, Illinois Employers Face New Restrictions on Use of Credit History, Labor and Employment Alert, Quarles & Brady, August 2010.

  • Co-Author, Silent Wisconsin Law Provides Basis for Overtime Claim Despite Federal Exemption, Labor & Employment Alert, Quarles & Brady, August 2010.

  • Presenter, An Introduction to Labor and Employment Law, Firm Nutshell Series, (US) July 2009 and August 2008.