Matthew T. Miklave

A nationally recognized employment, civil rights and labor-relations advocate, Matt has spent his entire career defending and protecting the interests of individuals; national and multi-national businesses; state and local government officials and units of government; and non-profit and charitable organizations.   For more than 30 years, Matt has appeared on behalf of clients in courtrooms and before administrative agencies throughout the United States, including principal attorney on briefs in a groundbreaking civil rights case before the United States Supreme Court (which handed down a unanimous decision in favor of Matt’s client).  Matt has widely lectured and presented to government decision-makers, legal groups, professional associations, and human resources organizations nationally and internationally on a variety of topics (including the impact of the COVID-19 Pandemic on business and individuals; the international labor and employment implications of mergers and acquisitions; post-employment and other restrictions for businesses and individuals; access to the polls by persons with disabilities; and ethical considerations for government attorneys in litigation).

Matt has appeared as an advocate in courts, administrative agencies and arbitration tribunals in California, Colorado, Connecticut, District of Columbia, Florida, Massachusetts, Michigan, New York, New Jersey, Oklahoma, Pennsylvania, Tennessee, and Texas, and Washington (State).  This extensive experience includes litigation under Title VII of the 1964 Civil Rights Act; the Americans with Disability Act; the Age Discrimination in Employment Act; the Multi-Employer Pension Protection Act; Constitutional “Tort” claims under the First, Fourth, Fifth, and Fourteen Amendments to the United States Constitution; the Help America Vote Act; the Sarbanes-Oxley Act; the Fair Labor Standards Act; the National Labor Relations Act; and individual, class, collective and coordinated actions in federal and state trial courts and before administrative agencies.

Representative Cases and Decisions

Matt’s career as an advocate cannot be easily summarized.  A selected list of representative cases and decisions can be found here.

Memphis Community School Dist v. Stachura, 477 U.S. 299 (1986) (landmark civil rights case addressing the calculation of damages for victims of government wrongdoing)

Lobosco v. New York Telephone Co., 96 N.Y.2d 312, 751 N.E. 2d  462, 727 N.Y.S.2d 383 (N.Y. Ct of App. 2001) (noted case dealing with the enforceability of employment handbooks as contracts)

Spratt v. Verizon Communications, Inc., 633 Fed. Appx. 72 2014  (2d Cir. 2016), affirming 2014 U.S. Dist. LEXIS 136696 (S.D.N.Y. 2014)

Spano v. United States Nuclear Regulatory Commission, 293 Fed. Appx. 91 (2d Cir. 2008)

Grossman v. Local 1118, Communication Workers of America, et al., 232 Fed. Appx. 70 (2d Cir. 2007)

Shider v. Communication Workers of America, Local 1105, et al., 2005 U.S. App. LEXIS 22361 (2d Cir. 2005)

Caldarola v. Spano, et al., 96 Fed. Appx. 772 (2d Cir. 2004)

Cobb v. Pozzi, et al., 363 F.3d 89 and 352 F.3d 79 (2d Cir. 2003), and 20 Fed. Appx 62 (2d Cir. 2001)

Ashjari v. NYNEX Corp., 1999 U.S. App. LEXIS 13968 (2d Cir. 1999)

DS Parent, Inc. v. Teich, 2014 U.S. Dist. LEXIS 6363 and 2014 U.S. Dist. LEXIS 16116 (N.D.N.Y. 2014)

Andaya v. Atlas Air, Inc., 2012 U.S. Dist. LEXIS 78654 (S.D. N.Y. 2012)

United States ex red. Anti-Discrimination Cir of Metro N.Y., Inc. Westchester County, 2009 U.S. Dist. LEXIS 35041 (S.D. N.Y. 2009)

Westchester County Corr. Benevolent Ass’n v. County of Westchester, 346 F. Supp. 2d 527 (S.D. N.Y. 2004)

Westchester Disabled on the Move, Inc v. County of Westchester, 346 F. Supp. 2d 473 (S.D. N.Y. 2004)

Rodolico v. Unisys Corp., 189 F.R.D. 245 (E.D. N.Y. 1999), 96 F. Supp. 2d 184 (E.D. N.Y. 2000), and 199 F.R.D. 468 (E.D. N.Y. 2001)

Publications, Programs and Presentations

Presentations

“COVID-Related Legal Considerations for Nonprofit Employers,” a Webinar for the Pro Bono Partnership (New York and Connecticut), (February 2021), available for on demand viewing here.

https://www.probonopartner.org/publications/covid-related-legal-considerations-for-nonprofit-employers/

Visit the Pro Bono Partnership here.

at:  https://www.probonopartner.org/

“Legal Considerations for the Arts in a COVID-19 World,” a presentation for the “Reopening CT Arts Venues:  Science-Based Safety” series,  sponsored by the Yale School of Public Health and the Shoreline Arts Alliance (February 2, 2021), materials available for download (click here).

“A Community Conversation:  Identifying and Addressing the Challenges from Overworked or Traumatized Workers,” an interactive Town Hall meeting hosted by Robinson+Cole (October 15, 2020)

“Advanced Legal Issues Under NYS and NYC Human Rights Law,” a continuing legal education program by LawLine (September 17, 2020), available at: https://www.lawline.com/course/advanced-legal-issues-under-nys-nyc-human-rights-law

“Employment Issues Related to Teleworking,” a program sponsored by the United States Department of Commerce as part of its “Coronavirus Special Topic Conference Calls Series” (March 26, 2020), available at:  https://www.ctexporters.com/special-topics-conference-calls/ (and scroll down to March 26 program)

“What Corporate Lawyers Need to Know About Non-Competes and Restrictive Covenants,” co-presented with Ian T. Clarke-Fisher, a continuing legal education program by LawLine (October 4, 2019)

“Avoiding Employment Pitfalls,” presented during the annual conference of the Northeast Regional Tax Collectors & Treasurers Association (September 24, 2019)

“2018 Legal Update,” presented during a meeting of the Human Resources Professional Association of Nonprofit Organizations (HRPANO) of New York (November 15, 2018)

“U.S. Labor and Employment Implications of International Business Transactions (Update),” co-presented with Ian T. Clarke-Fisher, a continuing legal education program by LawLine (October 2, 2018)

“An Overview of the New York State and City Human Rights Law,” a continuing legal education program by LawLine (February 9, 2018)

Publications

“COVID-19, Employment and Health,” co-authored with Jonathan H. Schaefer and Earl W. Phillips, Jr., published in Scrap, the bi-monthly magazine of the Institute of Scrap Recycling Industries Inc. (September/October 2020), available at:  https://www.scrap.org/home/emarketplace#.X9aYN6pKhgs

“Designing a Return-to-Work Structure,” co-authored with Joseph A. Barra, published in the July/August issue of PE, the flagship publication of the National Society of Professional Engineers (July 1, 2020), available at:  https://www.nspe.org/resources/pe-magazine/recent-issues/july-2020

“Prelitigation Steps for Trade Secret and Noncompete Cases,” published in Lexis Practice Advisor, co-authored with Ian T. Clarke-Fisher and Sandra Marin Lautier (Updated, September 2020)

“Employment Law:  Workplace Claims Inevitable Under Medical Marijuana Act,” published in Connecticut Law Tribune (July 29, 2014)

Does the Supreme Court’s Ricci Decision Imperil Diversity Programs?” publish in Diversity & the Bar (February 1, 2010)

Employee Free Choice Act:  Reexamining the Duty to Bargain,” published in the New York Law Journal (May 8, 2009)

Public and Community Service

Matt’s commitment transcends the practice of law.  Matt’s has actively contributed to his community for his entire career.  Among more recent experiences, Matt proudly supports the following community organizations

Pro Bono Employment Counsel, the Norwalk Symphony Orchestra Society (2019 to present)

Elected Member, Norwalk Common Council, 2001-2007, 2011-2013

  • Chair, Planning Committee, 2001-2007 (responsible for legislative approvals and advancement of economic development projects totaling more than $500,000,000.00; oversight of Community Development Block Grant Program)
  • Council President, 2002-2003 (as a freshman legislator, elected by peers to serve as lead spokesperson for 15-member Council)

Member, Board of Directors, Norwalk River Rowing Association, 2008-2011 (not-for-profit community-based rowing association devoted to making the sport of crew and racing open to all regardless of ability or disability)

Pro Bono Legal Counsel, Glasswing International U.S.A., 2008-2014 (humanitarian organization based in New York City and San Salvador, El Salvador devoted to improving the lives of the people of Central America through education and health care reform)

United Way of Norwalk and Wilton, Inc., Board Member  (2008-2011), Board Secretary (2010-2011)

Education & Professional Data

Education

The University of Notre Dame (Juris Doctor)

  • Awards and Honors:  A Harold Weber Award for Appellate Advocacy; William T. Kirby Award for Brief Writing; Member, National Moot Court Team.

The American University (B.S., cum laude, Political Science)

  • Department Honors recipient, School of Government and Public Administration.  Honor Thesis, Congressional Incumbents and Party Realignments, 1850-1980 (American University, 1981)

Professional Data

Admitted to practice in New York and Connecticut, and before the United States Supreme Court; the United States Court of Appeals for the Second Circuit; the United States District Courts for the Southern, Eastern, Western and Northern District of New York; the United States District Court for the District of Connecticut.

Named by Human Resources Executive and LawDragon.com to the “Top 100:  The Nation’s Most Powerful Employment Attorneys” (2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 and 2020).

Named by Best Lawyers in America© in the fields of labor and employment (2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020).

Named to Connecticut Super Lawyer (2015, 2016, 2017, 2018, 2019 and 2020).