People: Kyle R. Hartman, Partner

Photo of Kyle R. Hartman, Partner

Kyle R. Hartman

Partner

Chicago
Direct: (312) 460-5302
Fax: (312) 460-7302
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Mr. Hartman is a partner based out of the Chicago office of Seyfarth Shaw LLP, where he serves on the Firm’s Pro Bono and Summer Fellowship Committees.  He is a member of the Firm’s National Labor & Employment group, and focuses on defending employers in a wide range of class actions, collective actions, and multi-plaintiff litigation.  
 
Mr. Hartman’s litigation experience includes “bet the company” harassment, discrimination, independent contractor, wage and hour, and non-compete litigation utilizing cutting-edge electronic discovery methods to effectively and efficiently prepare large, complex cases for trial.  He has also served as outside counsel and independent counsel to Boards of Directors and Executive Team Members in connection with internal investigations and highly sensitive litigation matters. 
 
Mr. Hartman is also well versed in the field of labor relations law and litigation, representing employers in a wide range of unfair labor practice and representation proceedings.  He advises non-union employers faced with union organizing campaigns, and has served various companies as the chief negotiator during labor negotiations.  
 
Mr. Hartman frequently writes, speaks and counsels employers on compliance with the Uniformed Service Employment and Reemployment Rights Act (USERRA), and related state and federal military leave laws.  He has also contributed to written testimony and comments on proposed labor & employment legislation and regulations pending before the United States Senate, House of Representatives, the Equal Employment Opportunity Commission, and the United States Department of Labor.
 
Prior to joining Seyfarth Shaw, Mr. Hartman was an intern to the Federal District Court of the Eastern District of Wisconsin, and the National Labor Relation Board, Region 30. Mr. Hartman is also an officer in the reserve forces of the US Army, and a combat veteran of Operation Iraqi Freedom.  
 

Mr. Hartman is a partner based out of the Chicago office of Seyfarth Shaw LLP, where he serves on the Firm’s Pro Bono and Summer Fellowship Committees.  He is a member of the Firm’s National Labor & Employment group, and focuses on defending employers in a wide range of class actions, collective actions, and multi-plaintiff litigation.  
 
Mr. Hartman’s litigation experience includes “bet the company” harassment, discrimination, independent contractor, wage and hour, and non-compete litigation utilizing cutting-edge electronic discovery methods to effectively and efficiently prepare large, complex cases for trial.  He has also served as outside counsel and independent counsel to Boards of Directors and Executive Team Members in connection with internal investigations and highly sensitive litigation matters. 
 
Mr. Hartman is also well versed in the field of labor relations law and litigation, representing employers in a wide range of unfair labor practice and representation proceedings.  He advises non-union employers faced with union organizing campaigns, and has served various companies as the chief negotiator during labor negotiations.  
 
Mr. Hartman frequently writes, speaks and counsels employers on compliance with the Uniformed Service Employment and Reemployment Rights Act (USERRA), and related state and federal military leave laws.  He has also contributed to written testimony and comments on proposed labor & employment legislation and regulations pending before the United States Senate, House of Representatives, the Equal Employment Opportunity Commission, and the United States Department of Labor.
 
Prior to joining Seyfarth Shaw, Mr. Hartman was an intern to the Federal District Court of the Eastern District of Wisconsin, and the National Labor Relation Board, Region 30. Mr. Hartman is also an officer in the reserve forces of the US Army, and a combat veteran of Operation Iraqi Freedom.  
 

Education

  • J.D., Marquette University Law School (2006)
    cum laude
    Associate Editor, Marquette Law Review; National Moot Court Team, CALI award recipient for Advanced Civil Procedure and Business Organizations
  • B.A., Marquette University (2004)
    cum laude

Admissions

  • California
  • Illinois
  • Wisconsin

Courts

  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Northern, Central and Southern Districts of Illinois
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Northern District of Indiana
  • U.S. Court of Appeals for the Seventh Circuit
  • US Supreme Court

Affiliations

  • American Bar Association (Vice Chair, Labor Employment Section, Young Lawyers’ Division).
  • California Bar Association
  • Wisconsin State Bar Association
  • The Geneva Foundation (Board President)
  • Veterans of Foreign Wars
  • The Union League Club of Chicago

Representative Engagements

Class, Multiple Plaintiff and Collective Actions
  • EEOC v. Texas Roadhouse et al., (nationwide pattern and practice case alleging systemic age discrimination in hiring at more the 400 restaurant locations)
  • EEOC v. DSW Inc.  (successful resolution of EEOC case alleging systemic age and retaliation)
  • EEOC et al. v. DHL Express, Inc. (EEOC alleged a pattern and practice of racial harassment and discrimination)
  • Caldwell, et al. v. Continental Casualty Company, et al. (class action alleging multiple violations of California Labor Code and seeking civil penalties under the California Private Attorneys General Act)
  • Boothe, et al. v. Aaron’s, Inc, et al. (multi-plaintiff sexual harassment, hostile work environment, sex discrimination, race discrimination and retaliation case)
  • Espejo, et al. v. Lee Enterprises, et al. (class action alleging workers misclassified as independent contractors and multiple violations of California Labor Code)
  • Dalton, et al. v. North County Times, et al. (class action alleging workers misclassified as independent contractors and multiple violations of California Labor Code)
  • Becerra, et al. v. The McClatchy Company d/b/a The Fresno Bee (class action alleging workers misclassified as independent contractors and multiple violations of California Labor Code)
  • Davis, et al v. Exel, Inc. et al (multi-plaintiff race, national origin, gender discrimination and retaliation case).
  • Coon Rapids Lincoln Mercury, et al. v. The Star Tribune Company (class action alleging consumer fraud and breach of contract claims) (case resolved while defendants’ motion for summary judgment was pending)
  • Haynes, et al. v. Starwood Hotels & Resorts Worldwide Inc. (ADEA collective action) (summary judgment granted for employer) 
Labor Relations and Other Representative Cases
  • Our Lady of the Resurrection Medical Center, NLRB Case No. 13-RC-22035 (Board Decision) (Board overruled objections alleging threats to close the facility, interrogation, surveillance, and solicitation of grievances; employer’s election victory certified)
  • Private Arbitration:  arbitrator upheld the discharge of manufacturing employee for insubordination and profanity towards supervisors.
  • Private Arbitration:  grievance denied in contract interpretation dispute over remedy for missed overtime opportunities, permitting manufacturer to save thousands of dollars.
  • Minion v. Exel, Inc., et al., (Parallel race discrimination, harassment and retaliation cases in Michigan federal court and Wayne County, MI state court) (summary judgment granted for employer in both cases; state and federal court appeals dismissed)
  • Jarczewski v. Exel, Inc., (Exempt status challenge from front-line warehouse supervisor) (favorable settlement reached before summary judgment briefed)
  • Rivera v. Starwood Hotels & Resorts Worldwide Inc., et al. (National origin discrimination and retaliation arbitration) (complete defense victory following three day arbitration hearing)
  • Petway v. Ingalls Hospital (Race discrimination, harassment and retaliation case) (summary judgment granted for employer)
  • Medellin v. Honeywell Inc. (ADA, FMLA, ADEA and Workers’ Compensation retaliation case) (summary judgment granted for employer)
  • Lozano v. Equistar Chemicals LP, et al. (USERRA discrimination and retaliation case) (favorable settlement reached before summary judgment briefed)
  • Smith v. Schneider National Carriers Inc. (USERRA discrimination and retaliation case) (favorable settlement reached after Plaintiff’s deposition)

Publications & Presentations

  • Panelist, “Joint Employer Status and The Impact on Your Business,” Seyfarth Shaw Breakfast Briefing (October 21, 2015)
  • Co-Author, “The Federal Military Leave Law -- A Primer for Employers,” HR Advisor, West Group (September 2015)
  • Co-Presenter, “Newspaper Distribution, Legal Update,” Inland Press Association Annual HR Conference (August 5, 2015)
  • Panelist, “Spotlighting Changes In Pregnancy Discrimination Law,” ABA Annual Meeting (July 31, 2015)
  • Co-Author, “Lawful Activities Argument ‘Up In Smoke’ In Medical Marijuana Termination Case,” Employment Law Lookout Blog, Seyfarth Shaw LLP (June 19, 2015)
  • Presenter, “ADA Compliance: Strategies for Current Workplace Challenges,”  Society of Human Resource Management, Fox Valley Chapter (June 18, 2015)
  • “USERRA, and Developments in Protected Military Leave,” Labor & Employment Law News, ABA Vol. 42, No. 2 (Spring 2015)
  • "Fifth Circuit Rules That Plaintiffs’ Desire To Conduct Class-Wide Discovery Cannot Defeat Summary Judgment," Workplace Class Action Blog, Seyfarth Shaw LLP (December 15, 2014)
  • Moderator, “Family Responsibility Discrimination: A New Frontier in Workplace Liability,” ABA Young Lawyer Spring Conference (May 10, 2014)
  • Presenter, “Employment Law Update: Need to Know Highlights of 2013,” Inland Press Association Webinar (October 2013)
  • Co-Author, “Military Leave Law–Rights and Obligations of Returning Veterans,” Health Law Daily and The Journal of Health Care Compliance (June 2013)
  • Contributing Editor, “Ch. 13: The Duty to Bargain,” The Developing Labor Law, 6th Ed., 2013 and 2014 Cumulative Supplement
  • Program Co-Presenter, “Strategies, Tactics & Common Mistakes in  Arbitrations,” ABA Webinar (August 2012)
  • Program Co-Presenter, Strategies, Tactics & Common Mistakes in  Arbitrations,” ABA Young Lawyer Spring Conference (May 5, 2012)
  • Co-Author, “DOL Proposes New Regulations Regarding Military Leave, Flight Crews, and Leave Calculation,” One Minute Memo, Seyfarth Shaw LLP (February 2012)
  • Program Co-Presenter, “HR & Cat’s Paw Liability: The Latest Discrimination Threat to Employers,” Center for Competitive Management Webinar (May 2011)
  • “Staub v. Proctor Hospital: Cat's Paw Has Claws,” Law 360 (March 3, 2011)
  •  Co-Author, “En Banc Ninth Circuit Clarifies Class Action Standards in Dukes v. Wal-Mart,” One Minute Memo, Seyfarth Shaw LLP (April 2010)   
  • Co-Author, “Employment Torts,” Employment Termination, ILCLE 2008 ed.
  • Contributed to Congressional testimony before the House Committee on Health, Education, Labor & Pensions: Hearing on S. 1584 - Employment Non-Discrimination Act of 2009
  • Contributed to Congressional testimony before the Senate Committee on Health, Education, Labor & Pensions: Hearing on S. 1881 - The Americans With Disabilities Act Restoration Act of 2007
  • Contributed to Congressional testimony before the House Subcommittee on Workforce Protections: Hearing on H.R. 1338 - The Paycheck Fairness Act