Jeffrey S Klein

November 30, 2005 | Law.com

With increasing frequency, employers in many industries are embracing the use of arbitration as the exclusive dispute resolution mechanism with their employees. Two recent cases addressed the enforceability of arbitration agreements contained in job applications -- and came to opposite conclusions. Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, discuss those cases and their significance for employers who might be thinking of using such clauses.

By Jeffrey S. Klein and Nicholas J. Pappas

12 minute read

March 29, 2002 | New York Law Journal

O ver the last decade, the Supreme Court has issued several opinions interpreting the scope of liability and available relief under �502(a)(3) of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. ��1001-1961 ("ERISA").

By Jeffrey S. Klein And Nicholas J. PappasNew Way To Evaluate `appropriate Equitable Relief` Under Erisa

15 minute read

June 02, 2003 | New York Law Journal

By Jeffrey S. Klein And Nicholas J. Pappas

14 minute read

August 07, 2006 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that in recent years, so-called "whistleblowers" have asserted claims against their former employers with increased frequency, asserting that they were discharged from their jobs, or that they suffered some other adverse employment action, because they reported or complained about allegedly unlawful conduct by their employer.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

June 08, 2007 | Corporate Counsel

In Dukes v. Wal-Mart Stores, Inc., the 9th Circuit affirmed a district court's certification of a nationwide employment discrimination class of approximately 1.5 million current and former female Wal-Mart employees. Attorneys Jeffrey S. Klein and Nicholas J. Pappas contend that the 9th Circuit's decision contains numerous conclusions of law that are highly questionable and that will likely be challenged both in that case and in cases pending around the country.

By Jeffrey S. Klein and Nicholas J. Pappas

9 minute read

December 05, 2005 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, analyze two recent decisions which serve as a stark reminder to employers that courts can be expected to enforce the OWBPA strictly, and often in surprising ways. Both cases demonstrate the severe consequences that may befall employers for what appear at first blush to be compliant releases, or at worst hypertechnical violations of the OWBPA.

By Jeffrey S. Klein And Nicholas J. Pappas

15 minute read

October 03, 2005 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, review relevant case law and suggest steps employers should take when planning to sell their business to maximize their chances of defeating employee claims for severance benefits, which could ensue even if the employees are immediately hired by the buyer.

By Jeffrey S. Klein and Nicholas J. Pappas

15 minute read

August 06, 2007 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, analyze releases of claims in severance agreements under the Family and Medical Leave Act, the EEOC's efforts to protect the rights of discharged employees to file charges of discrimination, and the current circuit split as to whether Department of Labor regulations prohibit both a prospective waiver of rights by a current employee as well as a retroactive release of the right to sue to remedy past FMLA violations.

By Jeffrey S. Klein and Nicholas J. Pappas

19 minute read

October 15, 2003 | Law.com

In the Civil Rights Act of 1991, Congress clarified the standard for causation in the context of "mixed-motive" cases, which are cases where the evidence establishes that the employer was motivated both by discriminatory and non-discriminatory motives. Although a June decision by the U.S. Supreme Court resolved a conflict in the circuits on this issue, the Court's analysis raises questions that undoubtedly will continue to challenge litigants and courts.

By Jeffrey S. Klein and Nicholas J. Pappas

14 minute read

June 06, 2011 | New York Law Journal

In their Employment Law column, Weil Gotshal & Manges partners Jeffrey S. Klein and Nicholas J. Pappas discuss a recent decision and offer observations as to the impact of the case on circuit precedent, and the scope remedial provisions �502(a)(1)(B), which allows for monetary relief, but restricts the claims that may be brought under that section to claims for benefits under the terms of the plan, and �502(a)(3) which allows for plaintiffs to sue for a broader set of wrongs, but provides for "appropriate equitable relief" only, which the Supreme Court, in a series of cases, has narrowly circumscribed.

By Jeffrey S. Klein and Nicholas J. Pappas

13 minute read