Kevin LevineKevin Levine Clark Hill
Kevin M. Levine is a Senior Attorney in the Labor & Employment in Clark Hill’s Philadelphia office. He focuses on the representation and counseling of public and private employers in labor matters such as grievance and disciplinary arbitrations, unfair labor practice charges, and collective bargaining. Kevin also assists employers faced with a broad range of employment litigation issues, including discrimination, harassment, retaliation, and wage and hour disputes.
Kevin has successfully defended employers against lawsuits and administrative actions alleging violations of Title VII, the Americans with Disability Act, the Fair Labor Standards Act, and other employment discrimination statutes. Additionally, Kevin is experienced in litigating commercial, contract, and land use matters and defending public officers and employees against civil rights lawsuits under 42 U.S.C. § 1983.
Kevin began his career as a law clerk to Magistrate Judge Ramon E. Reyes, Jr. in the United States District Court for the Eastern District of New York. Before joining Clark Hill, Kevin served as an Assistant City Attorney for the City of Ithaca, New York and worked as an associate with a law firm specializing in the representation of municipalities and school districts.
Kevin graduated cum laude from Brooklyn Law School in the top 10% of his class and earned a Bachelor’s degree in History from the University of Michigan.
- Obtained complete dismissal of an unfair labor practice charge before the Delaware Public Employment Relations Board against a municipal client in which the police union asserted that the client violated Delaware labor laws when it allegedly failed to investigate internal complaints. The charge was dismissed at the pleading stage by the Board’s Executive Director and, after an appeal by the union with oral argument, the dismissal was upheld by the full Board.
- Received dismissal of wrongful discharge in violation of public policy claim by former employee based upon his service on the board of a quasi-governmental body.
- Represented school district in race and religion discrimination lawsuit by a teacher based upon alleged discriminatory classroom assignments, which the teacher withdrew on the eve of trial after much of her complaint was dismissed on summary judgment.
- Secured complete summary judgment of an ADA disability discrimination claim based on the terminated plaintiff’s sleep apnea after having already received dismissal of related common law, contract, and statutory whistleblower claims at the pleading stage.
- Represented a technology start-up company against claims for breach of contract and New York Labor Law wage violations by a former consultant. Obtained dismissal of the complaint against the company’s shareholders under the New York Limited Liability Company Law.
- Received dismissal of ADA failure to accommodate claims by a teacher’s aide for the school’s alleged failure to assign her to a “light duty” position following a back injury.
- Conducted internal investigations of sexual harassment and discrimination allegations by employees.
- Brought action against client’s former employee to enforce non-compete, non-solicitation, and employee poaching provisions of an employment agreement.
- Represented a niche business in trade secret and duty of loyalty litigation against former employees that laid the groundwork for a new competitor business while they were still employed by the client.
Public Sector Labor and Employment
- Successfully arbitrated disciplinary charges against police officer employee for failing to report the illegal conduct of an officer in another jurisdiction.
- Represented employer in labor contract arbitration regarding health insurance provisions that required “pre-authorization” for certain prescription medications and procedures.
- Negotiated favorable settlements of employee grievances and disciplinary matters in both union and non-union contexts.
- Represented employers in arbitration hearings under Act 111 to establish terms and conditions of expired public sector labor contracts.
- Sat on negotiating team for numerous labor contracts with public sector unions, including police and fire unions.
- Assisted a Pennsylvania regional police department expand its membership and contract to provide police services to non-member municipalities.
- Drafted successful summary judgment motion for the dismissal of wrongful death and Fourth Amendment claims against police officer after a highly publicized fatal shooting.
- Defended several First Amendment claims, including an appeal to the Second Circuit by a school board candidate for an alleged “smear campaign” against her by the school board and First Amendment retaliation claims for alleged “whistleblower” activity by a recently promoted chief of police.
Commercial and Land Use Litigation
- Received total dismissal of breach of contract and eminent domain claims that sought to force a municipal client to spend $5 million to repair one of its public parking garages.
- Represented a home security company in Lanham Act and business tort litigation against competitors for deceptive practices by their door-to-door salesmen.
- Achieved favorable settlement at mediation for a retirement home in dispute with a software company over issues with its Medicare billing software.
- Represented residential heating oil company in action for underpayments and improperly withheld payments in connection with its purchase of a competitor.
- Defended a New York municipal board of zoning appeals in an Article 78 challenge to a variance denial and the subsequent appeal to the Third Department.
- Defended municipal code enforcement officials against selective enforcement claims in federal court.
- Represented a Long Island municipality in litigation by oceanfront property owners claiming jetties maintained by the municipality eroded their private beaches.
- Author, "Employment at Will: A State-by-State Survey, [Pennsylvania Chapter]" 2019 Edition, BNA
- Presenter, “Performance and Termination Decisions Under the FMLA and ADA: Avoiding Retaliation Claims and Litigation when Disciplining or Discharging Employees on Protected Leave,” Strafford Publications, March 18, 2020.