Jonathan Stoler

April 12, 2019 | Corporate Counsel

A thorough pay equity audit will inevitably reveal wage gaps among certain groups of comparable employees. These pay gaps may be attributable to permissible, nongender based factors such that no further action is necessary.

By Brian D. Murphy and Jonathan Stoler

6 minute read

April 11, 2019 | Corporate Counsel

Employers faced with navigating the wave of new and potential legislation directed at remediating pay equity issues would be wise to proactively to address the issue.

By Brian D. Murphy and Jonathan Stoler

5 minute read

April 10, 2019 | Corporate Counsel

The #MeToo movement has compelled employers to take a harder look at their workplace policies and practices and to ensure appropriate workplace behavior among their employee ranks.

By Brian Murphy & Jonathan Stoler

6 minute read

August 11, 2014 | New York Law Journal

Jonathan Stoler, Dana Dunwoody and Carren B. Shulman of Sheppard, Mullin, Richter & Hampton write: Franchisors should heed the message of recent court decisions and take a close look at the level of control over franchise employees indicated by their global policies—because such control can lead to liability under an agency or joint employer theory.

By Jonathan Stoler, Carren B. Shulman and Dana Dunwoody

10 minute read

March 10, 2014 | New York Law Journal

Eric Raphan, Jonathan Stoler and Sean J. Kirby of Sheppard, Mullin, Richter & Hampton, write: Given recent NLRB decisions, and the NLRB's stated intention to continue focusing on such cases, employers must take steps to ensure that their social media policies will pass NLRB scrutiny, while still protecting themselves in situations where an employee has posted unfavorable comments about the employer on social media.

By Eric Raphan, Jonathan Stoler and Sean J. Kirby

11 minute read

April 27, 2009 | National Law Journal

Employers face difficult cost-cutting decisions on a daily basis in an effort to survive. Most common among those decisions is whether an employer should reduce its work force to minimize costs. Yet even in this economic climate, there are alternatives to work force reductions. Many of these options allow employers to accomplish some or all of their economic goals without taking a measure as extreme as reducing their work force.

By Jonathan Stoler and Eric Raphan / Special to The National Law Journal

11 minute read

September 10, 2007 | Corporate Counsel

Work force reductions are among the more unpleasant events employers and their counsel may endure. Such employment actions have an emotional and economic impact on employees and require the observance of complex laws. Attorneys Jonathan Stoler and James R. Hays identify key issues to consider when planning a work force reduction and suggest several "best practices" that can help your company plan for, communicate and implement such an action in a humane fashion that will reduce the risk of lawsuits.

By Jonathan Stoler and James R. Hays

12 minute read

August 14, 2008 | Corporate Counsel

How to maintain protection over confidential business information and to ensure a company's continued competitive edge following layoff situations is the question of the day. One answer is through the enforcement of non-competition or other types of restrictive covenants that may have been in place prior to a layoff or similar job action. However, says attorney Jonathan Stoler, an employer's ability to enforce restrictive covenants against employees subject to layoffs may be more difficult than it appears.

By Jonathan Stoler

15 minute read

August 16, 2007 | New York Law Journal

Jonathan Stoler and James R. Hays, shareholders at Heller Ehrman, suggest several "best practices" that can help your company plan for, communicate and implement a work force reduction in a humane fashion that will reduce the risk of lawsuits. Also in this issue of GC New York, "Contract Drafting" and "The Policies and Politics of Antitrust."

By Jonathan Stoler and James R. Hays

13 minute read

August 11, 2008 | New York Law Journal

Jonathan Stoler, a partner at Sheppard, Mullin, Richter & Hampton, writes that in these challenging economic times, layoffs and corporate reorganizations are becoming more commonplace. Employers in the midst of such job actions are also being forced to address an array of employment laws and business issues relating to these matters. Central among their concerns is the ability to continue their business operations with minimal disruption and to protect their business interests in the face of large-scale terminations. Indeed, he argues, how to maintain protection over confidential business information and to ensure a company's continued competitive edge following layoff situations is the question of the day.

By Jonathan Stoler

14 minute read