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Arlene K. Kline

Partner 
777 South Flagler Drive
Suite 1100 West Tower
West Palm Beach, FL 33401
 
Tel:
561.653.5000
Fax:
561.659.6313
 
 

Arlene Kline is a veteran litigator defending labor and employment matters on behalf of banking, hospitality, healthcare, manufacturing, media, distribution, transportation, software and non-profit sector clients. Clients value her comprehensive practice, including policy development, compliance, audits, litigation and appeals. A significant aspect of her practice also includes counseling on compliance with the public accommodation provisions of the Americans with Disabilities Act (including its application to websites and mobile apps), and avoidance of such claims.

Arlene litigates in state and federal courts, with experience defending claims involving Title VII, Section 1981, ADEA, FLSA, ADA (Titles I and III), FMLA, PDA, and the Florida Civil Rights Act. Clients also turn to her for appellate matters in state and federal courts, as they relate to employment claims.

As part of a broader practice, Arlene litigates unfair competition and trade secrets, and she defends legal malpractice claims.
 
Representative Experience
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Whistleblower: Represented regional hospital in defense of an action brought by a former employee under the Florida Whistleblower Act where employee claimed that she reported violent behavior by one employee against another employee and that her employment was terminated as a result of her having reported the incident.
 
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Wage and Hour Litigation: Represented multinational video game software developer and arcade software and hardware development company in California state-wide class action alleging violation of wage and hour laws.
 
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Workplace Discrimination: Represented national recruiting firm in a disability discrimination case brought by a terminated employee who was fired after not adhering to her performance plan.
 
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Title III: Represented national bank in lawsuit by alleged patron for failure to provide accessible services under Title III of the ADA.
 
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Workplace Discrimination: Represented regional hospital in an age discrimination failure to rehire case brought by a 75-year-old former employee of the hospital for over 21 years.
 
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Sarbanes-Oxley: Represented cruise line in defense of a Sarbanes-Oxley Act/Dodd-Frank Act whistleblower complaint.
 
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Whistleblower: Represented one of the nation's largest professional employer organizations in whistleblower matter where professional employer organization was brought in as a party under co-employment allegation.
 
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Department of Labor Audit: Represented a water treatment plant in a DOL audit.
 
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Non-Compete: Represented aeronautical company in a non-compete litigation matter.
 
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Wage and Hour: Represented wireless carrier client in defense of FLSA wage & hour lawsuit regarding the 7(i) exemption and defense of charge of discrimination at the EEOC level.
 
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Wage and Hour: Represented janitorial company with several government contracts in OFCCP audit and wage and hour disputes.
 
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Non-Compete: Represented one of the nation's largest professional employer organizations in a non-compete and trade secret litigation against former employees.
 
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Equal Employment Opportunity Commission: Represented not-for-profit charitable organization in EEOC charges of age and disability discrimination by former employees.
 
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Age Discrimination: Represented broadcasting company in multiple age discrimination claims where employees alleged that their employment was terminated due to their age.
 
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Title III: Representation of landlord of strip malls in several Title III ADA public accommodations lawsuits.
 
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Legal Malpractice: Representation of personal injury firm and family law firm in separate legal malpractice actions (including in an appeal) in disputes over sufficiency of representation and advice.
 
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Whistleblower: Represented one of the nation's largest banks in whistleblower matter where the terminated employee alleged that he was fired for objecting to a practice of the bank that was a violation of the National Banking Act.
 
Awards & Recognition
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Super Lawyers Magazine 2015-2017, Listed in Florida for Employment & Labor
 
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Super Lawyers Magazine 2009 and 2011-12, Listed in Florida as a "Rising Star" for Employment & Labor and Civil Litigation Defense
 
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Florida Trend's Legal Elite 2013, 2016-2017, Listed for Labor & Employment
 
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Florida Trend's Legal Elite 2011-2012, Recognized as an Up & Comer
 
Published Works & Lectures
 
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Akerman Twentieth Annual Labor & Employment Law Seminar, Presenter, "Non-Compete and Trade Secret Provisions: Protecting Your Company and Assets," September 2015
 
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Akerman Labor & Employment Law Seminar, Co-Presenter, "Defining Compensable Time Under the FLSA," March 2015
 
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Akerman Nineteenth Annual Labor & Employment Law Seminar, Co-Presenter, "Intersection of ADA, FMLA, and Workers' Compensation Leaves: Case Studies," April 2014
 
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International Paralegal Management Association (IPMA) 29th Annual Conference & Expo, Speaker, "Hiring Independent Contractors," October 2013
 
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Human Resource Association of Palm Beach County, Presenter, "FMLA Update," August 2013
 
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CNBC, Quoted, "For Millions of Workers, Getting Sick Doesn't Pay," July 2013
 
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Strategies for Employment Class and Collective Actions: Leading Lawyers on Addressing Trends in Wage and Hour Allegations and Defending Employers in Class Action Litigation (Inside the Minds), Co-Author, Aspatore, 2012
 
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The Academy of Florida Management Attorneys Annual Meeting, Co-Presenter, "Defending Claims Under Title III of the Americans with Disabilities Act," October 2012
 
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National Real Estate Investor, Co-Author, "Construction Contract Tools for Building an ADA Compliant Project," September 2012
 
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The Seminar Group, Co-Presenter, "Americans with Disabilities Act Title III Update: Legal and Regulatory Issues Builders Need to Know," August 2012
 
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American Conference Institute's 3rd Annual Forum on Defending and Managing Employment Discrimination Litigation, Panelist, "Given Our Aging Jury Population, How Do You Counter Age Discrimination Claims Brought by Employees Over 50 Years of Age?," July 2012
 
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South Florida Business Journal, Quoted, "Companies Discover New Ways to Challenge Unemployment Pay," May 2012
 
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South Palm Beach County Bar Association Labor & Employment Law Committee Seminar, Co-Presenter, "The ABCs of the Americans with Disabilities Act (ADA)," November 2011
 
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Human Resource Association of Palm Beach County, Speaker, "ADA Employment Compliance Update: Practical Effects of the New Regulations," November 2011
 
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South Palm Beach County Bar Association Labor & Employment Committee Seminar, Speaker, "Wage & Hour Update", May 2010
 
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Lorman Seminar, Presenter, "Developing a Policy for Employee Use of Mobile Devices", February 2010
 
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The Florida Bar Journal, Contributing Author, "Employment Law for Law Firms: Do the Shoemaker's Children Need New Shoes, Part 2," Volume 83, No. 9, October 2009
 
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Human Resource Association of Palm Beach County, Speaker, "The Obama Agenda: Recent Changes and Pending Legislation in Employment Law," November 2009
 
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The Florida Bar Journal, Contributing Author, "Employment Law for Law Firms: Do the Shoemaker's Children Need New Shoes, Part 1," Volume 83, No. 7, July/August 2009
 
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Paralegal Association of Florida, Inc., Palm Beach County Chapter, Guest Speaker, "FLSA," August 2009
 
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In House Defense Quarterly, Contributing Author, "Telecommuting-Exploring the Realities and Understanding the Legalities," Summer 2007
 
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Palm Beach County Bar Association - Labor and Employment Section, Speaker, "Florida Whistleblower Act," 2007
 
Professional Memberships & Activities
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The Florida Bar, Labor & Employment Section, Member
 
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Palm Beach County Bar Association, Member
 
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Academy of Florida Management Attorneys (AFMA), Member, 2013-Present
 
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Anti-Defamation League, Palm Beach County Chapter, Glass Leadership Institute, Co-Chair, 2010-2011; Florida Regional Board, Member, 2011-Present
 
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Jewish Federation of Palm Beach County, Business & Professions, Cabinet Member, 2010-2013
 
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Deaf Service Center and Hearing Wellness Center, Inc., Board of Directors, Secretary, 2007-2010
 
Public Decisions
 
ADA/Public Accommodations
 
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Stevens v. Premier Cruises, Inc., 215 F.3d1237 (11th Cir. 2000)
 
 
Employment Discrimination
 
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Militano v. Randstad Professionals US, LP, No. 14-21285-CIV, 2015 WL 1636115 (S.D. Fla. Apr. 13, 2015)
 
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Faucette v. National Hockey League, 2006 WL 213857 (M.D. Fla. 2006)
 
 
Wage & Hour Issues
 
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Marcia Daniel, et. al. v. Worldwide Flight Services, Inc., USDC S. Dist. Fla., Case No. 01-4173-CIV-KING, Or. Granting Defs.' Mot. S.J. (Dec. 17, 2002)
 
 
Whistleblower & Retaliation Claims
 
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Duke v. Prestige Cruises Int'l, Inc., No.14-23017-CIV, 2015 WL 4886088, at *1 (S.D. Fla. Aug. 14, 2015)
 
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Wiersum v. U.S. Bank, N.A., No. 13-23438-CIV, 2014 WL 2085344 (S.D. Fla. May 15, 2014) aff'd, 785 F.3d 483 (11th Cir. 2015), cert denied, 136 S. Ct. 1655 (2016)
 
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AlphaStaff, Inc. v. Orthopaedic and Spinal Assoc. of S. Fla., P.A., 2012 WL 3930052 (Fla. 11th Cir. Ct. Sept. 5 2012)
 
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Hannan v. Boca Raton Regional Hospital, 19 Fla. L. Weekly Supp. 717a, Or. Granting Defs.' Mot. S.J. (May 1, 2012)
 

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Arlene K. Kline

Practice
Labor & Employment
Education
J.D., Nova Southeastern University, Shepard Broad Law Center, 1996; Goodwin Fellowship, Honor Court - Defender
B.A., Florida State University, 1994; English, Florida House of Representatives, Legislative Intern
Bar Admissions
Florida
 
 
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