print

Jason C. Kim

Jason C. Kim is a Partner with Neal, Gerber, Eisenberg's Labor & Employment Practice Group, where he represents employers in all aspects of labor and employment law. He defends employers in arbitration and litigation matters brought under a variety of employment-related statutes, including the Fair Labor Standards Act, Title VII, the Age Discrimination in Employment Act and the Americans with Disabilities Act. He represents and counsels clients in the full range of traditional labor matters, including litigating unfair labor practice cases before the National Labor Relations Board, negotiating labor contracts, assisting in organizing campaigns and arbitrating grievances arising under labor contracts. He has represented several clients in class litigation matters arising under federal and state wage and hour laws, and has lectured and conducted training on the Fair Labor Standards Act. Mr. Kim is a member of the Federal Labor Standards Legislation Committee of the American Bar Association and a member of the National Asian Pacific American Bar Association. He is a member of the board of directors of the Korean American Bar Association and a member of the board of directors of Korean American Community Services. He is a member of Neal, Gerber, Eisenberg’s Hiring Committee and Diversity Committee, and serves as the co-chair of the firm’s Minority Initiative. Before joining the firm, he served as an occupational safety and health officer for the Illinois Department of Labor. He also served as an environmental policy analyst for the government of the Republic of Korea, and as advisor to the Minister of Environment at the Third Session of the United Nations Commission on Sustainable Development. Mr. Kim earned his J.D., cum laude, from the University of Illinois and his B.A. from Northwestern University.

Education

  • University of Illinois College of Law (J.D., 1999), cum laude
  • Northwestern University (B.A., 1992)

Recent Representations

  • Defense of corporate defendants and officers in class action litigation alleging improper employee classification (i.e. application of the Executive Exemption to Assistant and Store Managers), improper work-hours calculations and failure to pay overtime, and improper calculation of wages and overtime amounts in connection with bonus and commission payments. The defense has resulted in the dismissal of state-counterpart claims, eliminated various elements of the alleged class action relief, and successfully contested and dramatically reduced the scope of the proposed class.
  • Represented manufacturer in defense of claim by former employee alleging violations of the FLSA and the Illinois Minimum Wage law. Immediate and favorable settlement of claim prior to discovery or class action petition.
  • Represented retail client in FLSA collective action, and state-counterpart claims, alleging failure to pay overtime based on improper application of piece rates by employer and propriety of independent-contractor classifications.
  • Defended company against class action claims alleging failure to pay in excess of $1M owing to in-home installers based on purported miscalculation of travel and overtime wages. Aggressive defense eliminated named plaintiffs from lawsuit, defeated request for class action relief and achieved immediate dismissal of claims.
  • Defended restaurant licensor and licensee against class action complaint alleging miscalculation and/or underpayment of wages, tips and bonus amounts, and failure to pay wages for all hours worked and/or overtime. Defeated plaintiffs’ claim for joint-employer status and joint liability between licensor and licensee, and obtained resulting dismissal of claims against licensor-client – with no payment of any monies.
  • Defended claims for unpaid overtime under the Illinois Minimum Wage Law, including Motions to Dismiss based on plaintiffs’ failure to meet statutory definitions of various elements of her claims.
  • Defended FLSA collective action alleging failure to pay overtime by employer/restaurant. Successful settlement of claim through court-mediation.
  • Defended FLSA collective action alleging failure to pay overtime for all hours worked, including as to “joint employer” allegations involving placement of temporary employees by staffing agency. Favorable settlement.
  • Represented retail client against claims alleging misapplication of executive exemption under the FLSA, and resulting failure to pay overtime for all hours worked by employee. Favorable settlement of claims.
  • Defense of FLSA collective action filed by restaurant employees alleging failure to pay overtime for all hours worked, as well as alleged misapplication of professional, administrative and executive exemptions. Defense of matter included handling of parallel, on-site United States Department of Labor audit initiated immediately prior to filing of lawsuit. Favorable settlement of litigation, together with corresponding resolution of DOL audit.
  • Defense of FLSA collective action alleging failure to pay overtime for all hours worked. Allegations included improper application of the executive exemption under the FLSA, and failure to pay for “off the clock” work by employer/restaurant chain. Favorable settlement following filing of motion for summary judgment on behalf of all defendants.
  • Defense of lawsuit alleging failure to pay overtime for all hours worked at various restaurants, including assertion of defenses against plaintiffs’ alleged application of “single employer” doctrine relative to various corporate defendants. Favorable settlement.
  • Defended health care client in suit alleging failure to pay overtime for all hours worked. Favorable settlement of all federal and state claims, with alleged class contained to fifteen individuals included in settlements

Press

Publications

Back to Top