Daniel A. KrawiecDaniel Krawiec Clark Hill
Daniel A. Krawiec
Daniel A. Krawiec, a Senior Attorney in the Labor & Employment Practice Group in Clark Hill’s Detroit Office, regularly handles claims and advice relating to restrictive covenants and other contractual issues, as well as statutes such as Title VII, ADEA, FLSA, ADA, FMLA, and EPA, and their state counterparts. Prior to joining Clark Hill, Daniel was a partner in the labor and employment practice group of a national law firm and earlier served as a law clerk to the Honorable Jonathan Goodman, United States Magistrate Judge for the Southern District of Florida.
Daniel advises corporate human resources departments on all facets of employment law. He leads and participates in strategic decision making and all facets of litigation, including but not limited to, conducting witness interviews, taking and defending depositions, drafting substantive motions and acting as lead counsel in federal, state, arbitral and administrative proceedings, such as before the EEOC and similar state and local agencies.
Daniel’s practice also includes preparing and negotiating employment agreements, drafting labor and employment policies and employee handbooks, and providing trainings on labor and employment practices and developments.
- Serve as outside general counsel on all matters for national information technology and medical staffing company.
- Downie v. BF Weston, LLC, 2016 WL 7475877 (S.D. Fla. Dec. 19, 2016). Obtained defense verdict in a Fair Labor Standards Act overtime exemption lawsuit for a fast casual dining restaurant chain, after a four day federal jury trial. The jury found an assistant manager was properly classified as exempt under the administrative exemption to the Fair Labor Standards Act.
- Howard v. Sunniland Corp., 281 F. Supp. 3d 1253 (S.D. Fla. 2017). Successfully moved to dismiss with prejudice a Title VII race discrimination claim brought against a manager and later won summary judgment on behalf of the company Title VII and § 1981 claims.
- Ortega v. Bel Fuse, Inc., 546 B.R. 468 (S.D. Fla. 2016). Won dismissal with prejudice of Fair Labor Standards Act overtime claims based upon former employee’s failure to disclose the claims in the employee’s earlier bankruptcy filing.
- Pardue v. Specialty Eng'g Consultants, Inc., 85 F. Supp. 3d 1347 (S.D. Fla. 2015). Won dismissal of overtime and minimum wage claims brought by engineering technician against an engineering company.
- Vixicom v. Four Corners Direct, Inc., 2016 WL 4925167 (M.D. Fla. 2016). Won commercial arbitration award and subsequently confirmed the award in federal court.
- V5 Investments, LLC v. GoWaiter Business Holdings, LLC, 210 F. Supp. 3d 1329 (M.D. Fla. 2016). Successfully confirmed commercial arbitration award for breach of a franchise agreement and defeated challenge to the award’s validity.
- Lefrock v. Walgreen, Inc., 77 F. Supp. 3d 1199 (S.D. Fla. 2015), aff’d by 644 F. App’x. 898 (11th Cir. 2016). Won final summary judgment on defamation claims resulting in what appears to be the first opinion in the country granting retail pharmacists a qualified defamation privilege to criticize the reputation and ethics of a prescribing physician. Awarded $106,641.20 attorney's fees and costs in client’s favor
- Smart v. Geo Group, Inc., 2014 WL 2815070 (DeSoto Cnty. Cir. Ct), aff’d by 174 So. 3d 1007 (Fla. 2d DCA 2015). Drafted and argued successful summary judgment motion on claims under the Florida Civil Rights Act and Florida constitutional due process claims made by a prison guard. Won affirmance on appeal after personally handling oral argument.
- Williamson v. Navseeker, Inc., 2013 WL 5349061 (Orange Cnty. Cir. Ct). Won dismissal with prejudice of securities fraud and employment claims as a sanction after proving, at an evidentiary hearing, that a former executive hacked into the company’s litigation database. Included attorney’s fees award.
- Jenkins v. Geo Care, LLC, 2015 WL 1309970 (Miami-Dade Cnty. Cir. Ct.), aff'd by 2016 WL 410192 (Fla. 3d DCA), petition for writ of mandamus dismissed by 2016 WL 410192 (Fla.). Obtained dismissal with prejudice of a nurse-employee’s whistleblower and related claims, including award of attorney's fees and costs. Won affirmance on appeal.
- Dowell v. Meridien Research, Inc., 2016 WL 4475015 (Manatee Cnty. Cir. Ct. 2016) . Successfully vacated default judgment after proving at evidentiary hearing client did not receive notice of lawsuit due to theft of service by unauthorized person.
- Gillinov v. Hillstone Rest. Grp., Inc., 92 F. Supp. 3d 1251 (S.D. Fla. 2015). Successfully preserved federal diversity jurisdiction against challenge relating to amount in controversy.
Presentations and Publications:
- Presented "The Gig Economy: Avoid Misclassifying Workers and Understand Your Risks" at the 2017 Hinshaw & Culbertson Labor and Employment Law Seminar in Chicago, Illinois.
- Presented the Hinshaw & Culbertson Worker Misclassification Webinar for the Florida and Southeast Region in 2015.
- Published an article in March of 2017 on Law360.com regarding the overtime administrative and executive exemptions under the Fair Labor Standards Act.
- Author of the article, Sempra Energy International v. the Argentine Republic: Reaffirming the Rights of Foreign Investors to ICSID Arbitration, which discusses arbitration before the International Centre for the Settlement of Investment Disputes, published in Law and Business Review of the Americas, 15 L. & Bus. Rev. Ams. 311 (2009).
- During his undergraduate studies Mr. Krawiec was a content editor and a staff writer for the Michigan Review. His work there was recognized by the Institute for Humane Studies, which named him a finalist in its Felix Morley Journalism Competition. The competition honors young published writers whose work best demonstrates and communicates an appreciation of classical liberal principles.