Keith E. Kopplin

Shareholder | Milwaukee

Keith E. Kopplin’s practice focuses on employment litigation and employment law matters.

Keith is co-chair of Ogletree Deakins’ Wage and Hour Practice Group. In that capacity, he routinely advises clients, and assists them in resolving class and collective actions, regarding a wide variety of wage and hour topics, including overtime exemptions, timekeeping practices, the compensability of preliminary and postliminary activities, discretionary and non-discretionary bonuses, and how to calculate the regular rate of pay. Keith also helps clients by conducting internal reviews of their policies and practices for compliance with applicable wage and hour standards, and responding to government audits.

Beyond wage and hour matters, Keith provides employers with day-to-day counseling and defense regarding a broad range of human resource matters, including hiring practices, discipline and discharge decisions, the Wisconsin and federal Family and Medical Leave Acts, and workplace accommodations. He is also a frequent presenter regarding employment law matters.

Keith is a trusted advisor and advocate for clients of all sizes, and strives to find creative and cost-effective solutions to some of the most vexing workplace issues that also properly balance business objectives, values, and resources.

More About Keith E. Kopplin

Experience

Granted motion to dismiss FMLA retaliation and interference claims brought by medical receptionist with driving restrictions stemming from head trauma who was unable to return to regular, full-time duty following exhaustion of leave entitlement
Co-chaired trial of one of the first Wisconsin State Court class actions seeking compensation for clothes-changing activities performed by canning factory employees
Among the issues of first impression addressed during this case was whether “gap-time” could be recovered under Wisconsin’s Wage Payments, Claims, and Collections Act, whether Wisconsin overtime claims can be heard by a jury, and whether clothes-changing rules can deter employees from taking off-premises meal periods, thereby rendering those breaks paid time
Assisted with defense of one of the first Wisconsin State Court class actions seeking compensation for donning and doffing activities performed in a prepared food facility. After summary judgment was granted to our client finding the clothes-changing activities not compensable, plaintiffs appealed, and the Wisconsin Court of Appeals reversed. The Wisconsin Supreme Court then granted our client’s petition for review. Our client settled the matter before oral arguments, on favorable terms.
Negotiated settlement of off-the-clock overtime claims brought by four employees for a nuisance amount, despite their initial demand of approximately $200,000
Secured voluntary dismissal, with prejudice, of a collective action seeking overtime compensation for a group of truck drivers through the use of a Fed. R. Civ. P. 11 safe harbor motion outlining the factual and legal deficiencies with their claims, including their likely overtime-exempt status under the Motor Carrier Act
Successfully petitioned Seventh Circuit Court of Appeals twice pursuant to Fed. R. Civ. P. 23(f) to review order certifying class of approximately 300 administrative assistants seeking overtime compensation for alleged off-the-clock work. The second review resulted in an order vacating the certification order and remanding the case for further proceedings consistent with the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes. The plaintiffs’ subsequent effort to amend the pleadings to add opt-in plaintiffs as named plaintiffs was denied and the case was eventually dismissed for failure to prosecute.
Granted motion to dismiss claim brought by three former employees for penalties associated with our client’s alleged failure to pay prevailing wages under Chapter 66 of the Wisconsin Statutes. After our client paid the prevailing wages allegedly due and owing during an administrative investigation, the employees commenced an action solely to collect liquidated damages. As an issue of first impression, the circuit court agreed with our client that the penalty is only available under Chapter 66 if prevailing wages remain due and owing at the commencement of a civil action, dismissing plaintiff’s claims accordingly.
Awarded summary judgment on disability discrimination claim under the Americans with Disabilities Act and Pennsylvania Human Relations Act by establishing that the plaintiff was not disabled, despite having experienced a compensable worker’s compensation injury from frostbite
Utilized a Fed. R. Civ. P. 68 Offer of Judgment to satisfactorily resolve a lawsuit seeking $750,000 in damages for harassment, discrimination, and civil conspiracy
Successfully handled numerous administrative proceedings regarding discrimination, retaliation, wage and hour practices, and unemployment insurance benefits

Education & Admission

Professional Activities

Speeches

Corporate Labor and Employment Counsel Exclusive – “The Results Are In! Now What?” – Amelia Island – November 14, 2024
Private Client Training Webinar – “Manager Wage & Hour Training” – November 7, 2024
Ogletree Deakins Managing a Workforce in 2025 – “Headline News” – Kohler – October 30, 2024
Ogletree Deakins Managing a Workforce in 2025 – “Quirky Multistate Compliance Sampler” – Kohler – October 30, 2024
Great Lakes Graphics Association Webinar – “Legal Brief: DOL Overtime Rule” – July 30, 2024
Private Client Training – “ADA Crash Course: Common Mistakes and How to Avoid Them” – July 18, 2024
Workplace Strategies Seminar – “Understanding the DOL’s New Overtime Rule” – Washington, D.C. – May 3, 2024
Ogletree Deakins Webinar – “Understanding the DOL’s New Overtime Rule and the Increased Salary Thresholds for FLSA Exempt Employees” – April 29, 2024
Ogletree Deakins Law Briefing – “The Legal Update: Stay Informed, Stay Ahead” – Brookfield, WI – April 24, 2024
Private Client Training – “Respect in the Workplace” – March 13, 2024
Private Client Training – “Workplace Investigations and Documentation” – March 5, 2024
Corporate Labor and Employment Counsel Exclusive – “Tips for Managing a Contingent Workforce, Independent Contractors, and Joint Employment” – Phoenix – November 10, 2023
Ogletree Deakins Managing a Workforce in 2024 – “Headline News” – Kohler – November 1, 2023
Ogletree Deakins Managing a Workforce in 2024 – “Regular Rate Irregularities and Other Wage and Hour Issues” – Kohler – November 1, 2023
Private Client Training – “Respect in the Workplace” – September 21, 2023
Workplace Strategies Seminar – “Regular Rate Irregularities: Can Creative Pay Lead to Blockbuster Overtime Claims?” – San Diego – May 11, 2023
Private Client Training Webinar – “ADA, FMLA, Leaves of Absence” – April 21, 2023
Private Client Training Webinar – “Wage & Hour/Title III” – April 18, 2023
Private Client Training – “Workplace Investigations and Documentation” – December 29, 2022
Ogletree Deakins Managing a Workforce in 2023 – “Headline News” – Kohler – November 2, 2022
Ogletree Deakins Managing a Workforce in 2023 – “Wage and Hour Power Hour: Back to The Future” – November 2, 2022
Private Client Training Webinar – “It’s Here, Or Is It? OSHA Issues COVID-19 Vaccination and Testing Emergency Temporary Standard” – November 19, 2021
Private Client Training Webinar – “Wage & Hour Training for Managers” – June 28-30, 2021
Private Client HR Immersion Session – “Reducing the Risk of Wage and Hour Claims Through Effective Policies and Procedures” – Sheboygan – May 26, 2021
Private Client HR Immersion Session – “Social Media and the Workplace” – Sheboygan – May 26, 2021
MRA Employment Law Update – “2021 Wisconsin Legislative Update” – February 19, 2021
Ogletree Deakins Managing a Workforce in 2021 – “Not Top 10: Wage and Hour Mistakes to Avoid During a Pandemic” – October 21, 2020
Ogletree Deakins Webinar – “Reopening Wisconsin: An Update for Wisconsin Employers” – May 22, 2020
Ogletree Deakins Webinar – “RIF Alternatives in the Age of COVID-19” – March 27, 2020
MRA Podcast – “Shelter in Place Orders: What Employers Need to Know” – March 25, 2020
Association of Corporate Counsel, Wisconsin Chapter – “Preparing Your Company for the DNC: Employment Issues” – February 26, 2020
MRA Employment Law Update – “The Dirty Dozen – Twelve of the most common (and avoidable) wage and hour mistakes” – Milwaukee – February 20, 2020
La Crosse Area SHRM – “Parties, Gifts, and Religious Expression: What Employers Need to Know This Holiday Season” – La Crosse – November 20, 2019
Ogletree Deakins Managing A Workforce In 2020 – “Wage And Hour Roundup” – Kohler – October 30, 2019
Private Client HR Immersion Session – “Lessons Learned” – Kohler – October 29, 2019
Private Client HR Immersion Session – “The Wacky World Of Employment Law” – Kohler – October 29, 2019
Private Client HR Immersion Session – “Unfriending, Ghosting, Confrontation, Or Correction” – Kohler – October 29, 2019
Private Client HR Immersion Session – “What’s New With You” – Kohler – October 29, 2019
WMC Policy Day 2019 – “State and Federal Wage and Hour Roundup” – Madison – August 13, 2019
WMC Policy Day 2019 – “The Straight Dope on Opioids and Marijuana” – Madison – August 13, 2019
Private Client Training Webinar – “Bermuda Triangle: ADA, WC and FMLA” – June 12, 2019
Private Client Training Webinar – “ADA / EEO” – June 4, 2019
Ogletree Deakins Workplace Strategies Seminar – “Biometrics and Beyond: The Evolution of Workplace Privacy Issues” – Las Vegas – May 2, 2019
Ogletree Deakins Law Briefing – “Spring Cleaning: Get your Wage and Hour House in Order” – Brookfield and Madison – April 2019
MRA Employment Law Update, Federal & Wisconsin (Live Webinar) – “The Sea Change in Employment Law From Federal-Level Enforcement to a Patchwork of State and Local Laws” – February 21, 2019
Ogletree Deakins Podcast – “Key Wage and Hour Issues for Manufacturing Industry Employers – Part 2” – October 23, 2018
Ogletree Deakins Podcast – “Wisconsin FMLA vs. Federal FMLA in a Nutshell” – October 22, 2018
Wisconsin SHRM 2018 State Conference – “Dude, Where’s My Employee? Employee Microchipping, GPS, Surevillance, Wearables, and Biometrics” – Wisconsin Dells – October 11, 2018
Ogletree Deakins Podcast – “FMLA FAQs: Answers to Employers’ Common Questions” – October 9, 2018
Ogletree Deakins Managing a Workforce in 2019 – “Workplace Detox: Strategies for Managing Malcontents and Toxic Employees” – Kohler – September 21, 2018
Ogletree Deakins Managing a Workforce in 2019 – “Class Waivers and Practical Tips for Implementing Arbitration Agreements: An EPIC Decision for your Company” – Kohler – September 20, 2018
Private Client HR Immersion Session – “As The World Turns… Cultural and Legislative Trends, HR Issues, and Practical Solutions” – Kohler – September 19, 2018
Ogletree Deakins Podcast – “Key Wage and Hour Issues for Manufacturing Industry Employers – Part I” – September 13, 2018
WMC Policy Day – “Smart Hiring in a Tough Environment” – Madison – August 6, 2018
Ogletree Deakins Briefing – “Class Action Waivers and Practical Tips for Implementing Arbitration Agreements: An Epic Decision for your Company” – Milwaukee – July 18, 2018
Ogletree Deakins Briefing – “Smart Hiring” – Brookfield and Madison – April 2018
MRA Employment Law Update – “2018 Top Compliance Issues” – Waukesha – February 22, 2018
Ogletree Deakins Reel Ethics – “The Godfather, Part 2: What Hat Are You Wearing? Attorney—Client Privilege” – Waukesha – January 17, 2018
IWLA Legal Symposium – “L&E Potpourri: Workplace Violence & Social Media” – Chicago – November 2017
MRA–The Management Association – The Opioid Epidemic … Is Your Workplace Prepared? – “Substance Abuse in the Workplace-Legal Strategies and Considerations” – Waukesha – November 2017
Metro Milwaukee SHRM – “Wage & Hour Roadmap: Federal and Wisconsin Tour” – Milwaukee – November 2017
Ogletree Deakins Seminar – “Leaves, Leaves, and More Leaves! Successfully Managing the Most Difficult Situations (Immersion Session)” – Kohler – September 2017
Ogletree Deakins Seminar – “Wage & Hour Roadmap: Federal and Wisconsin Tour” – Kohler – September 2017
Private Client Presentation – “Conducting Successful Workplace Investigations (Immersion Session)” – Kohler – September 2017
Private Client Presentation – “Employment Documentation and Recordkeeping for Supervisors” – Beloit – July 19, 2017
Ogletree Deakins Briefing – “The Seasons of Employment Law – Fall: Termination” – Kenosha – June 20, 2017
Ogletree Deakins Briefing – “Invisible Risks – Managing Mental Health Problems and Threats of Violence in the Workplace” – Milwaukee – June 15, 2017
Ogletree Deakins Briefing – “The Seasons of Employment Law- Fall: Termination” – Brookfield and Appleton – April 4-6, 2017
Private Client On-Site Training – “The Bermuda Triangle of Employment Law” – Beloit – March 30, 2017
Wisconsin LGBT Chamber Commerce – “Top HR & Employment Law Issues for 2017” – Milwaukee – February 9, 2017
In-house CLE – “Wage & Hour 101” – Milwaukee – November 2016
Associated Builders and Contractors of Wisconsin – Sixth Annual Construction HR and Accounting Conference – “Turning S.O.L into SOL(VED): Understanding the U.S. Department of Labor’s New Regulations” – Wisconsin Dells – October 2016
Metro Milwaukee SHRM – Legislative SIG – “Employers Feeling the B(u)rn: Managing Political Expression in the Workplace” – Milwaukee – October 2016
Wisconsin Association for Homeless and Runaway Services – “How Do the New Overtime Regulations Impact You?” – Egg Harbor – October 2016
American Payroll Association – Northeast Wisconsin Statewide Payroll Conference – “Avoiding a DOL Audit” – Green Bay – September 2016
Ogletree Deakins Seminar – “Is It Time For a Change? Avoiding Legal Liability Under the New Overtime Regulations and Other Wage and Hour Pitfalls” – Kohler – September 2016
Ogletree Deakins Seminar – “Wage and Hour Jeopardy” – Kohler – September 2016
Nonprofit Center of Milwaukee – “How Do The New Overtime Regulations Impact You” – Milwaukee – August 2016
Wisconsin Family Assistance Center for Education, Training & Support – Region 4 Parent Technical Assistance Center – Webinar – “How Do The New Overtime Regulations Impact You?”” – August 2016
Walworth Country Human Resource Association – “FMLA: Finally Manage Leave Abuse” – Elkhorn – April 2016
Ogletree Deakins Briefing – “Who’s the Boss? Updates from the U.S. Department of Labor” – Brookfield and Appleton – March 2016
Milwaukee Bar Association – “Social Media in the Workplace – NLRA Section 7 Rights Protected, Concerted Activity” – Milwaukee – February 2016
Milwaukee Metro SHRM – Legislative SIG – “Social Media in the Workplace – NLRA Section 7 Rights Protected, Concerted Activity” – Milwaukee – January 2016
Ogletree Deakins Briefing – “Employment Law Briefing: HIT OR MIS(classification)” – Madison – November 2015
State Bar of Wisconsin’s Health, Labor & Employment Law Institute – “Conducting Wage and Hour Audits – Identifying Policies and Practices that Give Rise to Litigation” – Milwaukee – August 20, 2015
Ogletree Deakins Seminar – “Employment Law Update I.—Thanks For Coming To Work Today!” – Kohler – June 2015
Ogletree Deakins Seminar – “It’s All About Time” – Kohler – June 2015
Ogletree Deakins Breakfast Briefing – “Facebook Firings: What You Don’t Know Can’t Hurt You” – Milwaukee – February 24, 2015

Published Works

Media Quotes

April 26, 2024 – SHRM – “Legal Challenge of Overtime Rule Is Likely”
September 15, 2023 – McKnights Senior Living – “Bill would increase federal minimum wage to $11 an hour”
July 28, 2023 – Law360 – “4 Changes W&H Attorneys Want In A New OT Rule”
July 24, 2023 – SHRM Online – “Pay Attention to Prohibition on Comp Time for Nonexempt Workers in Private Sector”
August 22, 2022 – SHRM Online – “How to Respond to Class Actions”
May 27, 2022 – Law360 – “3 Employer Takeaways From DOL’s Mental Health Fact Sheet”
November 5, 2021 – WSAW – “VACCINE TEAM: Vaccine exemptions, it’s not a simple objection”
November 2, 2021 – SHRM Online – “DOL Limits When Employers Can Pay Lower Wages to Tipped Workers”
June 17, 2021 – SHRM Online – “DOL Is Reviewing Overtime Rule”
September 2, 2020 – SHRM Online – “DOL Gives Employers Options for Reimbursing Delivery Drivers”
May 26, 2020 – State Bar of Wisconsin – “5 Key Differences in Wisconsin and Federal Laws Employers Should Know”
April 15, 2020 – MH&L (Material Handling & Logistics) – “Alternatives Exist to Firing Employees”
September 5, 2019 – SHRM Online – “Should Employees Who Have Been Evacuated Be Paid During a Hurricane?”
March 1, 2019 – SHRM Online – “EEOC Wants to Move Most Transactions Online”
May 29, 2018 – SHRM Online – “How to Limit Wearable Technology’s Legal Risks”
May 17, 2018 – SHRM Online – “Illinois Biometric Class Actions Are on the Rise”
May 9, 2018 – BizTimes – “Microchips open the innovation floodgates for Three Square Market”
March 21, 2018 – Bloomberg Law – “Wisconsin Moves to Ban Local Labor and Employment Protections”
August 7, 2017 – SHRM Online – “Microchipping Employees: Do the Pros Outweigh the Cons?”
March 29, 2017 – Wisconsin Law Journal – “Ogletree Deakins’ Kopplin sniffs out issues before they become unmanageable”