Jeffrey S Klein

October 03, 2017 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas discuss some recent controversies involving employee speech and the laws governing employers' ability to regulate and respond to disruptive speech in the workplace.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

August 01, 2017 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas review the debate in lower courts regarding the scope of the "church plan" exemption from ERISA and whether it applies to plans established by church-affiliated entities, such as hospitals and schools; explain the Supreme Court's holding in 'Advocate Health'; and offer some suggestions for church-affiliated employers to navigate the legal terrain of the "church plan" exemption.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

June 06, 2017 | New York Law Journal

Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas write: Halloween could become a very scary day for New York City employers, when the city ordinance restricting an employer from inquiring into an employee's salary history becomes effective.

By Jeffrey S. Klein and Nicholas J. Pappas

9 minute read

April 04, 2017 | New York Law Journal

Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas discuss the circuit split on whether the Equal Pay Act prohibits sole reliance on prior earnings to explain a wage differential challenged under the Act, summarize recent measures in California, Massachusetts, and Philadelphia restricting the use of prior earnings, and provide guidance for employers seeking to maintain compliant hiring and pay practices.

By Jeffrey S. Klein and Nicholas J. Pappas

20 minute read

January 30, 2017 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas survey recent legislation aimed at narrowing the scope of interests that will legally support judicial enforcement of restrictive covenants and/or limiting the enforceability of non-compete agreements, examine several specific government investigations into non-compete practices, and outline suggestions for employers to consider when reviewing their use of non-compete agreements.

By Jeffrey S. Klein and Nicholas J. Pappas

19 minute read

December 02, 2016 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas analyze two cases where plaintiffs challenged revenue-sharing arrangements under the Employee Retirement Income Security Act. "Revenue sharing" refers to an arrangement where a mutual fund, offered as an investment option in a 401(k) plan, pays either the plan's sponsor (usually the employer) or a plan service provider (a third-party vendor) a fee for performing administrative or record-keeping services for the plan. This concerns plan participants because mutual funds typically pay such revenue-sharing fees to the employer or service provider by periodically deducting the fees from the retirement plan's invested assets.

By Jeffrey S. Klein and Nicholas J. Pappas

18 minute read

September 30, 2016 | New York Law Journal

Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas address the question of whether class-action and collective-action waivers in employment arbitration agreements violate the National Labor Relations Act or are enforceable under the Federal Arbitration Act and how that question has split the federal circuits.

By Jeffrey S. Klein and Nicholas J. Pappas

20 minute read

July 29, 2016 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas examine key developments impacting confidentiality provisions in workplace agreements and policies, and provide recommendations for employers in drafting such provisions in order to reduce the risk of challenges to their enforceability.

By Jeffrey S. Klein and Nicholas J. Pappas

22 minute read

June 03, 2016 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas write: Co-workers may frequently discuss politics in a perfectly amicable manner; however, circumstances may arise where employers may need to impose discipline for misconduct that an employee may claim constituted a form of protected political activity.

By Jeffrey S. Klein and Nicholas J. Pappas

9 minute read

April 04, 2016 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas describe the current state of federal, New York State and New York City law on discrimination against transgender and gender nonconforming individuals, and suggest several ways that employers with operations in New York City might want to amend their policies and practices.

By Jeffrey S. Klein and Nicholas J. Pappas

23 minute read