Jeffrey S Klein

February 01, 2016 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas write that the Americans with Disabilities Act applies to numerous areas outside of the traditional employment context, including the relationship between businesses and their customers. For example, the dramatic increase in online commerce over the last several years presents a challenging issue which the drafters of the ADA never contemplated: Do the requirements of the ADA apply when a business offers information or shopping capabilities to consumers online?

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

December 07, 2015 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas analyze a recent decision in which the Second Circuit held that employees need not report alleged violations of federal securities law to the SEC to be protected against retaliation under Dodd-Frank and the conflict that decision established with the Fifth Circuit.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

December 05, 2015 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas analyze a recent decision in which the Second Circuit held that employees need not report alleged violations of federal securities law to the SEC to be protected against retaliation under Dodd-Frank and the conflict that decision established with the Fifth Circuit.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

October 05, 2015 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas write: The use of independent contractors has been a staple of many companies' staffing models for years. These workplace arrangements are facing renewed scrutiny from government agencies and the courts. Two recent decisions involving the transportation industry highlight the perils of these tenuous classifications, which offer a cautionary tale that extends beyond this particular industry.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

October 02, 2015 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas write: The use of independent contractors has been a staple of many companies' staffing models for years. These workplace arrangements are facing renewed scrutiny from government agencies and the courts. Two recent decisions involving the transportation industry highlight the perils of these tenuous classifications, which offer a cautionary tale that extends beyond this particular industry.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

August 13, 2015 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas discuss the recent application of 'Wal-Mart Stores v. Dukes' and its higher threshold for satisfying the commonality standard for class certification in a case involving a single facility and dozens of managers, in contrast to the nationwide claims and thousands of managers at issue in 'Dukes'.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

August 12, 2015 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas discuss the recent application of 'Wal-Mart Stores v. Dukes' and its higher threshold for satisfying the commonality standard for class certification in a case involving a single facility and dozens of managers, in contrast to the nationwide claims and thousands of managers at issue in 'Dukes'.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

June 01, 2015 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas write that the recent Germanwings tragedy is an extreme example, but it serves as an apt reminder of an important question: When faced with an employee or job applicant who has displayed troubling behavior, raising concerns of mental health issues, what should an employer do?

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

May 31, 2015 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas write that the recent Germanwings tragedy is an extreme example, but it serves as an apt reminder of an important question: When faced with an employee or job applicant who has displayed troubling behavior, raising concerns of mental health issues, what should an employer do?

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

April 06, 2015 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas write: When employers seek advice from outside counsel regarding internal investigations, quite understandably, they would like the certainty that those communications will be viewed just as any other attorney-client communication. A recent case, however, suggests that under certain circumstances, at least some courts will view employers' assertions of privilege with skepticism, and place unexpected limits on their claims of privilege.

By Jeffrey S. Klein and Nicholas J. Pappas

12 minute read