Jeffrey S Klein

February 04, 2013 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, examine the case law addressing the legality of agreements not to hire, and offer some suggestions as to ways in which employers might sharpen their drafting of such agreements to reduce the risk of a legal challenge to the restrictions.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

April 02, 2012 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that courts have reached divergent conclusions regarding how 'Concepcion' affects the enforceability of class action waivers in employment cases.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

October 07, 2013 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges summarize the EEOC's pronouncements regarding employers' use of criminal convictions in hiring, and outline several considerations employers may analyze as they re-examine their practices.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

August 27, 1999 | Law.com

The Family and Medical Leave Act generally protects an employee's job where he takes a leave for the "serious health condition" of himself or a family member. However, the Second Circuit's recent decision in Sarno v. Douglas Elliman-Gibbons & Ives, Inc.concludes that dismissal of an employee immediately upon the completion of the twelfth week of leave did not permit any inference that the employer interfered with, restrained, or denied the exercise or attempted exercise of rights under the FMLA.

By Jeffrey S. Klein and Nicholas J. Pappas

12 minute read

June 04, 2012 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that courts have demonstrated a willingness to look at employers' written job descriptions and the realities of particular workplaces to evaluate whether attendance is indeed an essential job function.

By Jeffrey S. Klein and Nicholas J. Pappas

10 minute read

April 01, 2013 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that two 2006 guidance documents related to the evaluation of compensation practices of government contractors, after being termed neither "workable or effective in practice," have been withdrawn. The documents' replacement calls for a case-specific and flexible approach to investigate alleged pay discrimination.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

June 18, 1999 | Law.com

During the past year, the Second Circuit decided three cases that guide district courts in ruling on summary judgment motions in employment discrimination cases: Gallagher v. Delaney, Norton v. Sam's Cluband Distasio v. Perkin Elmer Corp.. Taken together, these cases reaffirmed that summary judgment remains an appropriate -- even mandated -- remedy in the employment discrimination context when the plaintiff has failed to raise a triable issue of fact.

By Jeffrey S. Klein and Nicholas J. Pappas

17 minute read

December 03, 2007 | Law.com

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that courts carefully scrutinize noncompetition agreements, mindful of the strong public policy against restraining individuals from pursuing their chosen livelihoods, and frequently refuse to enforce them. Nonsolicitation agreements are viewed with greater favor, as illustrated by the Southern District's decision in Silipos, Inc. v. Bickel.

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

August 01, 2005 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that numerous courts have rejected claims of sex discrimination by a plaintiff alleging that a supervisor engaged in unlawful discrimination in awarding a job benefit to a paramour because of favoritism rather than job qualifications. A recent California case may change that.

By Jeffrey S. Klein and Nicholas J. Pappas

16 minute read

April 05, 2006 | Law.com

Weil, Gotshal & Manges partners Jeffrey S. Klein and Nicholas J. Pappas write that one of the more challenging tasks for any employer is carrying out personnel decisions, especially concerning promotion, while trying to avoid discrimination allegations. In recent years, federal courts have articulated stringent requirements that failure-to-promote discrimination claims must meet to survive summary judgment. A review of those cases can help employers avoid such allegations in their workplaces.

By Jeffrey S. Klein and Nicholas J. Pappas

12 minute read