Nicholas J Pappas

January 31, 2023 | New York Law Journal

In this edition of his Employment Law column, Nicholas J. Pappas discusses California law governing sale-of-business non-competes and the case law addressing the nature of the ownership interest that the seller must transfer for the sale-of-business rules to apply. He also analyzes the Federal Trade Commission's recently published proposed rule banning post-employment non-competes.

By Nicholas J. Pappas

10 minute read

December 06, 2022 | New York Law Journal

In this edition of his Employment Law column, Nicholas Pappas discusses 'Ien v. TransCare (In re TransCare)', a bankruptcy court decision that has allowed Chapter 7 trustees to assert claims for breach of fiduciary duty against officers and directors for causing the debtor to violate the WARN Act. He also offers some practical suggestions employers should consider while contemplating compliance with the WARN Acts.

By Nicholas J. Pappas

10 minute read

October 04, 2022 | New York Law Journal

As a result of the legal framework in six jurisdictions, employers are permitted and possibly required to take adverse action against employees for on-duty use of marijuana, but prohibited from taking adverse action against employees for protected off-duty recreational use of marijuana. The difficulty for employers arises from distinguishing between the two scenarios.

By Nicholas J. Pappas, Celine Chan and Justin DiGennaro

10 minute read

August 02, 2022 | New York Law Journal

This column discusses the backdrop for the passage of the Adult Survivor's Act and presents an overview of the law, as well as another statute with a revival window on the horizon—New York City's Victims of Gender-Motivated Violence Protection Law.

By Nicholas J. Pappas, Ami G. Zweig and Elizabeth J. Casey

9 minute read

May 31, 2022 | New York Law Journal

This column reviews Local Law 32 (often referred to as the salary disclosure or "pay transparency" law), examines a recent amendment and NYCCHR guidance regarding the law, and discusses various considerations for employers preparing to comply with New York City's new salary disclosure requirements.

By Nicholas J. Pappas and Ami G. Zweig

9 minute read

April 05, 2022 | New York Law Journal

In this edition of his Employment Law column, Nicholas J. Pappas reviews the pros and cons of arbitration agreements and programs in light of Congress's recent amendment of the FAA to make mandatory pre-dispute agreements to arbitrate sexual harassment and sexual assault disputes unenforceable.

By Nicholas J. Pappas

11 minute read

February 01, 2022 | New York Law Journal

In this month's edition of his Employment Law column, Nicholas J. Pappas discusses various laws that employers should keep in mind when assessing their electronic monitoring policies and practices. He also considers the impact of New York legislation and offers practical suggestions to help employers implement clear policies that navigate the relevant legal requirements.

By Nicholas J. Pappas

10 minute read

November 30, 2021 | New York Law Journal

In this month's edition of his Employment Law column, Nicholas J. Pappas discusses employers' obligations to reasonably accommodate employees claiming to qualify for disability status under the ADA due to long COVID, and steps employers should consider in responding to employees' requests for accommodation.

By Nicholas J. Pappas

9 minute read

October 05, 2021 | New York Law Journal

In his Employment Law column, Nicholas J. Pappas provides an overview of 'Weingarten' rights and implications from GC Abruzzo's recent pronouncement regarding 'IBM' and 'U.S. Postal Service'. He also offers some suggestions that employers should consider in conducting investigatory interviews of employees subject to 'Weingarten' protections.

By Nicholas J. Pappas

9 minute read

August 03, 2021 | New York Law Journal

In his Employment Law column, Nicholas J. Pappas discusses several statutes enacted by the California legislature in the past couple of years that employers should consider if they wish to comply with California law and avoid unexpected and often expensive employment law claims.

By Nicholas J. Pappas

9 minute read