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Jeffrey S Klein

Jeffrey S Klein

June 04, 2019 | New York Law Journal

Liquidated Damages Clauses in Restrictive Covenant Agreements

In their Employment Law column, Jeffrey Klein and Nicholas Pappas analyze how employers who opt to include liquidated damages clauses in restrictive covenant agreements might draft such provisions most effectively.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

April 02, 2019 | New York Law Journal

Reference Checks for Employees Discharged Due to Misconduct

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas examine the risk of defamation arising from reference checks, California's new sexual harassment-related reference check law, and offer some suggestions as to how employers might approach these situations.

By Jeffrey S. Klein and Nicholas J. Pappas

15 minute read

February 05, 2019 | New York Law Journal

Can Employers Enforce Non-Competes Against California Employees?

Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas analyze 'NuVasive', and consider the extent to which §925 may provide employers with operations in California an opportunity to use the Represented Employee Exception to enforce non-competition agreements against California employees.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

December 04, 2018 | New York Law Journal

Reasonable Accommodations for Employees Suffering From Depression

In this month's Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas examine the federal law governing how employers must address accommodation requests, and offer some suggestions as to how employers might approach such situations.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

October 02, 2018 | New York Law Journal

Age Discrimination Issues in Hiring and Recruitment

Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas discuss the landscape of age discrimination claims in hiring and offer guidance on balancing the risk of liability against the need for efficiency in hiring and recruitment.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

July 31, 2018 | New York Law Journal

Enforceability of Cost-Sharing Provisions in Arbitration Agreements

The Supreme Court recently held in Epic Systems v. Lewis, 584 U.S. __ (2018), that arbitration agreements which include waivers of employees' rights to bring class or collective actions are enforceable under the Federal Arbitration Act (FAA), and that the National Labor Relations Act (NLRA) does not override this principle in the FAA.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

June 05, 2018 | New York Law Journal

Impact of Salary History Bans on Asset Deals

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas propose strategies buyers may wish to consider in seeking to comply with California law.

By Jeffrey S. Klein and Nicholas J. Pappas

9 minute read

April 03, 2018 | New York Law Journal

Strategies for Preventing Sexual Harassment

Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas provide some suggestions regarding how employers might want to assess their workplace cultures, and then offer thoughts regarding common issues leaders should consider in seeking to improve their cultures.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

February 06, 2018 | New York Law Journal

Access vs. Use: The CFAA in the Age of the DTSA

Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas write: Once the only reliable statutory argument for federal-question jurisdiction in a trade secret dispute, the CFAA now acts as a complement to the DTSA by protecting sensitive information from a different perspective. This being said, several circuits are split on the scope of the protections afforded to employers under the CFAA, limiting the statute's effectiveness in certain jurisdictions.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

December 05, 2017 | New York Law Journal

Complying With Immigration Law Following the DACA Rollback

Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas write: As employees' work authorizations begin to expire, employers would be well served by confirming that their policies are in full compliance in regard to verification of their employees' work authorizations.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read