Biography

Kyle Winnick* defends employers of all sizes, from startups to Fortune 500 companies, in all aspects of labor and employment-related litigation. He draws upon his practical experience and creative legal thinking to craft effective litigation strategies. Kyle has represented clients before federal and state trial and appellate courts, arbitration tribunals, and administrative agencies, such as the Equal Employment Opportunity Commission, the U.S. Department of Labor, and the National Labor Relations Board.

Employers seek Kyle’s assistance in defending against class, collective, and hybrid wage-and-hour actions brought under the Fair Labor Standards Act (FLSA), and/or state-law equivalents. Kyle also helps employers fight claims arising under Title VII of the Civil Rights Act of 1964, the National Labor Relations Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, and the Employee Retirement Income Security Act of 1974 (ERISA). In addition, he litigates other workplace matters, such as restrictive covenants, employment-related torts, and breaches of contract.

Outside the courtroom, Kyle provides harassment training and day-to-day advice to clients about the various laws affecting the employment relationship. He also helps employers prepare employee handbooks and policies, and drafts and negotiates employment, separation, severance, non-compete, and settlement agreements.

Before joining Epstein Becker Green, Kyle worked as a labor and employment litigation attorney in the Atlanta office of a national law firm. Earlier in his career, he served as a judicial intern for Housing Court Judge Arlene H. Hahn of the New York County Civil Court and for the Honorable Bernice J. Siegal of the New York Supreme Court. He was also Summer Corporation Counsel for the New York City Law Department, Torts Division.

Experience

  • Served as part of a legal team that successfully defended a Fortune 500 company in an arbitration brought by a claimant seeking more than $1 million in overtime pay under the California Labor Code. Kyle and his team convinced the arbitrator that the claimant was an exempt employee under the administrative exemption and, therefore, not entitled to overtime pay.
  • Worked with a legal team to obtain a favorable jury verdict for an oil and gas consultancy firm against three plaintiffs seeking overtime pay and claiming that they were misclassified as independent contractors.
  • Obtained summary judgment dismissing arbitration against an independent contractor contending that he was an employee of a consultancy client and thus entitled to overtime under the FLSA.
  • Successfully defended a pension fund and fiduciary by drafting the summary judgment motion and later appellate submissions on the plaintiff's denial-of-benefit and failure-to-furnish-plan-documents claims brought under ERISA.
  • Defended a welfare plan on a plaintiff's denial-of-benefit claim, defeated the plaintiff's motion to compel discovery outside of the administrative record, and obtained a favorable settlement as a result.

*Admitted in New York and Georgia; application pending in New Jersey.

Education
  • Benjamin N. Cardozo School of Law (J.D., cum laude, 2014)
    • Staff Member, Cardozo Journal of Conflict Resolution
  • Trinity College (B.A., with honors, 2009)
Bar Admissions
  • Georgia
  • New York
Court Admissions
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of Georgia
  • U.S. District Court, Southern District of New York
Memberships
  • American Bar Association - Section of Labor & Employment Law