June 04, 2019 | New York Law Journal
Liquidated Damages Clauses in Restrictive Covenant AgreementsIn 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 MisconductIn 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 DepressionIn 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 RecruitmentEmployment 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 AgreementsThe 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 DealsIn 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 HarassmentEmployment 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 DTSAEmployment 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 RollbackEmployment 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
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