December 07, 2009 | New York Law Journal
Employment LawJeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that as health care costs continue to rise, employee wellness programs may provide an opportunity for employers to control expenses by incentivizing and enabling their employees to lead healthier lives and to engage in preventative care. However, they caution, before implementing these programs, employers should pay careful attention to ensure compliance with the myriad of applicable federal and state laws.
By Jeffrey S. Klein and Nicholas J. Pappas
11 minute read
April 04, 2005 | New York Law Journal
Employment LawJeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, analyze proposed regulations that employers would be well-advised to take into account in structuring their policies, procedures and benefit arrangements.
By Jeffrey S. Klein and Nicholas J. Pappas
14 minute read
June 02, 2008 | New York Law Journal
Employment LawJeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, review the National Defense Authorization Act of Fiscal Year 2008, which adds a family member's military service to the list of circumstances that entitle an eligible employee to 12 weeks leave under the Family and Medical Leave Act and creates an entirely new category of FMLA leave for employees who need to provide care for a family member who has been injured during military service.
By Jeffrey S. Klein and Nicholas J. Pappas
8 minute read
June 01, 2009 | New York Law Journal
Employment LawJeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that in any litigation following adverse actions against employees, the lawyers' advice frequently becomes the subject of discovery requests, and the parties to the litigation far too frequently turn to the courts to ascertain whether or not documents generated by or for the lawyer are privileged or must be disclosed.
By Jeffrey S. Klein and Nicholas J. Pappas
13 minute read
January 08, 2007 | Law.com
The Price of Holiday Parties: What Can Happen in the AftermathNow that the holiday season is over, employers may be facing fallout from their holiday parties. Employees may file sexual harassment claims or sue for workers' compensation for injuries sustained at office gatherings. Companies also risk being held liable for the conduct of intoxicated workers. It is not too soon to plan to minimize the risks at next year's celebrations, while the experience from this year is fresh, attorneys Jeffrey S. Klein and Nicholas J. Pappas advise.
By Jeffrey S. Klein and Nicholas J. Pappas
12 minute read
October 10, 2007 | Law.com
Directed Trustees May Have Easier Time Defending Against ERISA Stock Drop SuitsOne legacy of Enron's collapse is the expansion of "stock drop" litigation under ERISA's fiduciary duty provisions, where employees bring suit because a company's retirement funds suffered major losses due to a loss of company stock value. Attorneys Jeffrey S. Klein and Nicholas J. Pappas find that legal developments have left courts more willing to dismiss such claims at an earlier stage against directed trustees, such as banks, that execute transactions as instructed by a named fiduciary.
By Jeffrey S. Klein and Nicholas J. Pappas
15 minute read
August 30, 2001 | Law.com
Prior-Bad-Acts EvidencePlaintiffs in employment discrimination cases frequently seek to introduce evidence of the "prior bad acts" of the employer. In response, employers attempt to exclude such evidence on the grounds that it is designed merely to embarrass or harass and that it is not helpful in proving the underlying discrimination claim. This paper compares and contrasts various cases involving this type of evidence.
By Jeffrey S. Klein and Nicholas J. Pappas
9 minute read
October 04, 2004 | New York Law Journal
Employment LawJeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that employers who discipline employees for violating attendance policies or who condition employee benefits on perfect attendance often are faced with claims that such actions violate the FMLA.
By Jeffrey S. Klein and Nicholas J. Pappas
12 minute read
February 01, 2002 | New York Law Journal
Employment LawS ince the passage of the Americans with Disabilities Act, 42 USC ��12101-12213 (ADA), more than a decade ago, employers have struggled to find clear, bright-line interpretation of the law. Throughout this period, courts have been continuously sorting out the often elusive meaning of the statute`s most basic requirements. However, the U.S. Supreme Court`s recent decision in Toyota Motor Manufacturing, Kentucky Inc. v. Williams , 122 S.Ct. 681 (2002), should help to clarify some of the confusion as to at lea
By Jeffrey S. Klein And Nicholas J. Pappas
13 minute read
April 03, 2003 | New York Law Journal
Employment LawBy Jeffrey S. Klein And Nicholas J. Pappas
11 minute read
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