Nicholas J Pappas

Nicholas J Pappas

October 03, 2024 | New York Law Journal

Developments in the Laws Governing Noncompete Agreements

"Employers should review their noncompete agreements and assess whether they are necessary to protect legitimate business interests, such as confidential information or goodwill," write Nicholas J. Pappas and Krista Bolles.

By Nicholas J. Pappas and Krista Bolles

9 minute read

August 07, 2024 | New York Law Journal

Recent Developments Under New York's Amended Whistleblower Protection Law

"Ensure that employment policies include clearly defined channels of communication which allow employees to raise concerns," write Nicholas J. Pappas and Elena Modl.

By Nicholas J. Pappas and Elena Modl

9 minute read

June 04, 2024 | New York Law Journal

Developments in Mental Health Parity Litigation

This article analyzes the NQTL Regulations and two recent decisions adopting standards for pleading a claim under the Parity Act based on an alleged violation of the NQTL Regulations, and offers several steps employers and claims administrators should consider in seeking to avoid litigation of Parity Act claims.

By Nicholas J. Pappas and Andrew Holly

10 minute read

April 02, 2024 | New York Law Journal

Assessing the Legality of DEI Programs

This article analyzes cases decided both before and after the SFFA decision to illustrate how employers and courts have considered race in implementing and assessing the legality of diversity initiatives. It then proposes questions employers may consider to ensure legal compliance while also promoting diversity objectives.

By Nicholas J. Pappas and Joshua Hughes

9 minute read

February 06, 2024 | New York Law Journal

Conducting Effective Workplace Investigations

This article outlines a general framework for approaching investigations into employee complaints. The authors recommend that employers approach investigations with an organized and thoughtful plan that allows the investigator and the employer both to assuage understandable concerns of employees and create an environment where a focused fact-finding investigation can occur.

By Nicholas J. Pappas and Jennifer R. Coates

9 minute read

December 05, 2023 | New York Law Journal

Religious and Disability Accommodation Requests Post-COVID—and Post-'Groff'

This article explains the current legal landscape employers face in evaluating requests for accommodations on the basis of religion or disability by explaining the recently announced standards for assessing requests for religious accommodations and summarizing the longstanding standards for assessing requests for disability-related accommodations.

By Nicholas J. Pappas and Jack Sullivan

9 minute read

October 03, 2023 | New York Law Journal

New Jersey Temporary Workers' Bill of Rights

A first-in-the-nation law that creates new legal protections for temporary workers recently took full effect in New Jersey, despite opposition from the business community, a conditional veto by the governor and a legal challenge in federal court.

By Nicholas J. Pappas and Krista Bolles

9 minute read

August 01, 2023 | New York Law Journal

Employer Liability for Excluding Health Coverage for Gender Affirming Care

In this article, we provide an overview of the law governing the availability of gender affirming care, we discuss how the law affects benefit plans, and we offer practical suggestions for employers as they evaluate how to structure their health care benefit plans.

By Nicholas J. Pappas and Nathan J. Ebnet

9 minute read

June 06, 2023 | New York Law Journal

Informal Severance Pay Plans: Legal Standards and Suggestions

In this article, contributor Nicholas J. Pappas, discusses the legal standards courts apply in deciding whether an employer's past practice of providing severance pay establishes an ERISA plan, and we offer practical suggestions for employers considering layoffs to mitigate the risk of unexpected liability for severance.

By Nicholas J. Pappas

10 minute read

April 04, 2023 | New York Law Journal

Artificial Intelligence in the Workplace: Employers Should Prepare for Changes

Considering the legal developments covering the use of ADMs in employment, employers should prepare for the coming changes and recognize how the ADMs they are using may leave them vulnerable to claims of employment discrimination.

By Nicholas J. Pappas

9 minute read