Jonathan Allan Klein
66PasJonathan is President and Managing Director of Klein, Hockel, Iezza & Patel, P.C., which he joined in 1998. He offers extensive jury trial and arbitration experience to his clients, especially in the areas of labor & employment, pharmacy and commercial litigation. Jonathan also counsels employers and employees with various compliance issues, including meal & rest break policies, non-competes, compliance with the interactive process, and reasonable accommodation in the workplace. His practice currently focuses on labor and employment litigation including binding FMCS and NLRB arbitration and litigation, wage and hour and ADA class action litigation, and single plaintiff and class action litigation. Jonathan also has particular expertise in 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. Jonathan has been extensively involved in disputes with Pharmacy Benefit Managers (“PBMs”) and is one of California’s few lawyers with comprehensive experience in pharmacy law. Jonathan is AV+ rated by Martindale-Hubbell, was named a 2012 – 2019 “Preeminent Lawyer” in Northern and Southern California, and currently has Martindale-Hubbell’s best rating — 5.0 out of 5.0. He is currently rated as one of Northern California’s “Super Lawyers.” EMAIL JONATHAN KLEIN
- University of California at Santa Cruz, B.A. Politics, 1989
- Santa Clara University School of Law, J.D., 1992, cum laude, Dean’s list
- University of Sussex, Brighton, England, 1987-1988
- Admitted to practice before all state and federal courts in California, December 1992. Admitted to the U.S. District Court, Eastern District of Michigan, 2015.
- Admitted pro hac vice in state and federal courts in Nevada, Idaho, Utah, Montana, Washington, Arizona, Maryland, Michigan, New Mexico and Oregon.
Recent Successes & Achievements
- Won Summary Judgment in case of Tenerelli v. Rite Aid, involving allegations of age discrimination and wrongful termination in violation of public policy. U.S. District Court held that no triable issues existed because “[Plaintiff] fails to establish Rite Aid’s reason for terminating him was pretextual. Indeed, it is undisputed that Rite Aid’s reason for terminating [Plaintiff] was his admitted statement regarding shooting a gun at work.”
- Won Summary Judgment in several recent employment-related matters on behalf of KHK clients, 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. Our office has been counsel for Rite Aid since 1998. The case involved allegations that plaintiffs were denied meal and rest breaks as hourly employees at Rite Aid from 2004.
- Won Summary Judgment in the Eastern District of California before Judge Lawrence J. O’Neill in a disability, interactive process case. Judge O’Neill agreed with all of the contentions in our brief, holding that Plaintiff was not disabled under California law; that Plaintiff failed to satisfy his burden to trigger the interactive process and reasonable accommodation duties; that the evidence could not support a finding that the stated reason for terminating the Plaintiff was really a pretext for discrimination; and that there was no basis for an award of punitive damages. Read the Order Fenn – Order Granting SJ
- 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 before the Central District of California (Dam v. Rite Aid) 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. The Court agreed that no evidence of pretext could exist, since the suspension and termination decision (although not communication of the decision) were made before plaintiff’s “disability” arose. Read the Order Granting MSJ.
- 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 arbitrations, including matters involving employees of UFCW, Teamsters and ILWU unions in Northern and Southern California.
- Handled 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.
- Advises 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.
- Advises pharmacies regarding compliance with state and federal regulations including duties to warn and HIPAA compliance.
- Serves 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.
- Regularly presents seminars and training sessions on issues relating to employment and pharmacy law, and represents pharmacist and pharmacies regarding Board of Pharmacy investigations, informal conferences and appeals.
- Represents 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.
- Repeatedly oversees 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.
- Successfully represented clients in numerous pharmaceutical, American with Disabilities Act, professional negligence, premises liability, commercial litigation, real estate and construction disputes in state and federal courts and before regulatory agencies across the United States.
- Co-Author, “Medicare Reimbursement Problems: Making the Possible Impossible, Defense Research Institute,” February 2008. Read the Article HERE. Mr. Klein, Ms. Liermann and their co-authors won the distinguished G. Duffield Smith Outstanding Publication Award for this article.
- Co-Author, Medicare White Paper, “Medicare Lien Interests in Liability Settlements: Easy Solutions to Help Resolve Medicare Reimbursement Issues for Beneficiaries and Insuers”, October 2007. Read the White Paper HERE
Affiliations and Memberships
- California State Bar
- American Society for Pharmacy Law
- Past President and Board Member, Oakland Girls Softball League (“OGSL”)
- Past President, Board of the Friends of the University of Sussex
- Past Member, UCSC Social Sciences Board of Councilors
- Speaker, American Society for Pharmacy Law, November 2019, on Employment Law for Pharmacists and Pharmacies
- Speaker, American Society for Pharmacy Law, November 2016, on Corresponding Responsibility — Attacks from Both Sides. corresponding-responsibility-aspl-v2
- KH&K Named “Go-To Law Firm” by The American Lawyer Magazine. See HERE
- Named 2012 – 2019 Top Rated Lawyer in San Francisco and Southern California in “Labor & Employment Law”, “Commercial Litigation” and “Health Care Law” by Martindale-Hubbell (as an AV-rated Preeminent Lawyer).
- Named Northern California “Super Lawyer” by San Francisco Magazine (2005-2008, 2015-2019).
- “5.0 out of 5.0 AV Peer Review Rating” by LexisNexis Martindale-Hubbell. http://www.martindale.com/Jonathan-Allan-Klein/233502-lawyer.htm?view=cr
- 9.0 Rating by Avvo Website — http://www.avvo.com/attorneys/94104-ca-jonathan-klein-256889.html
Hobbies and Interests
- Avid fan of San Francisco Giants
- Owns Artist Management company representing full-time musicians in all levels of management
- 15th year of coaching girls’ softball (Head Coach, Oakland Vipers 16U Elite)
- Struggling to learn to play the guitar.