Benjamin N. Cardozo School of Law, Juris Doctor, cum laude, May 2014; Staff Member, Cardozo Journal of Conflict Resolution
Trinity College, Bachelor of Arts, with honors, May 2009; Dean's List; George B. Cooper Prize for Excellence in History
Southern District of New York (2016)
Eastern District of New York (2016)
Third Circuit Court of Appeals (2017)
Second Circuit Court of Appeals (2018)
Northern District of Georgia (2019)
Kyle Winnick concentrates his practice in labor and employment and ERISA matters. He has significant experience in all aspects of labor and employment litigation, including both trial and appellate work.
He represents employers, including Fortune 500 companies, and regularly appears in federal and state courts and before arbitration tribunals and administrative agencies, such as the EEOC, DOL, and NLRB. He defends employers against class, collective, and hybrid wage-and-hour actions brought under the FLSA and/or state-law equivalents. He also defends against claims brought under ERISA, Title VII, NLRA, ADA, ADEA, and FLMA, and litigates other workplace matters, such as restrictive covenants, employment-related torts, and breaches of contract. Outside the courtroom, he provides day-to-day counseling and advice to clients about the various laws affecting the employment relationship.
Prior to joining Chamberlain, Mr. Winnick worked at two law firms based in New York City, where he specialized in labor and employment and ERISA litigation.
Some of Mr. Winnick’s representative matters include:
- Part of legal team that successfully defended a Fortune 500 Company in arbitration brought by a claimant who unsuccessfully claimed that he was entitled to over $1M in overtime pay under California Labor Code. Claimant was deemed an exempt employee pursuant to the administrative exemption. Halliburton Energy Services, Inc. v. Allison, 2:20-cv-922 (C.D. Cal. 2020).
- Drafted successful Motion for Summary Judgment in arbitration brought by a claimant claiming that he was an employee entitled to overtime under the FLSA. The arbitrator found that the claimant was an independent contractor, not an employee. New Tech Global Ventures, LLC v. Bercier, 4:19-cv-4423 (S.D. Tex. 2020).
- Part of legal team that won a jury verdict for New Tech Global Ventures, LLC. The jury found that the Plaintiffs, who were off-shore rig clerks, were independent contractors and not employees under the Fair Labor Standards Act. Clay et al., v. New Tech Global Ventures, LLC, 16-cv-296-JWD-CBW (W.D. La. Sept. 18, 2019).
- American Bar Association - Section of Labor & Employment Law
- Labor & Employment Update - Government Agency Guidance on the COVID-19 PandemicJune 9, 2020
- Labor & Employment Update - DOL Expands OT Exemptions for Certain Employees of Retail and Service EstablishmentsMay 20, 2020
- Kyle Winnick quoted in “California's paid coronavirus sick leave requirement targets big chains”Restaurant Dive, April 28, 2020
- Chamberlain L&E Update - Unemployment Benefits in Georgia and TexasApril 2, 2020
- Chamberlain L&E Update - Layoff vs. Furlough: Legal and Practical RamificationsMarch 30, 2020
- Chamberlain L&E Update - Families First Coronavirus Response Act - Effective Date ChangeMarch 24, 2020
- American Oil & Gas Reporter, November 19, 2019
- The Daily Report, March 1, 2019
- Vasquez v. Empress Ambulance Serv., Inc., And The “Cat’s Paw” Approach To Title VII Liability, Hofstra Labor & Employment Law Journal (December 12, 2016), https://thelejer.wordpress.com/2016/12/12/vasquez-v-empress-ambulance-serv-inc-and-the-cats-paw-approach-to-title-vii-liability/
- Disparate Impact And The Strong-Basis-In-Evidence Standard, LAW360 (June 10, 2016), http://www.law360.com/employment/articles/805520/disparate-impact-and-the-strong-basis-in-evidence-standard
- International Commercial Arbitration, Anticipatory Breach, and the Lex Mercatoria, 15 Cardozo J. Conflict Resol. 847 (2014)
- Jury Says Offshore Rig Clerks are Independent Contractors in High Stakes Trial For Chamberlain Hrdlicka Client - New Tech GlobalLabor & Employment Blog, October 3, 2019
- Labor & Employment Blog, May 7, 2019
- Labor & Employment Blog, February 5, 2019