June 03, 2016 | New York Law Journal
Politics Not as Usual: Protection of Political ActivitiesIn 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
Discrimination Against Transgender IndividualsIn 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
February 01, 2016 | New York Law Journal
Applicability of the ADA to Company WebsitesIn 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
Circuit Split on Dodd-Frank Whistleblower RetaliationIn 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
Circuit Split on Dodd-Frank Whistleblower RetaliationIn 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
New Challenges to Independent Contractor ClassificationsIn 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
New Challenges to Independent Contractor ClassificationsIn 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
Multiple Decision-Maker Employment Class ActionsIn 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
Multiple Decision-Maker Employment Class ActionsIn 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
Assessing Employee ImpairmentsJeffrey 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