Author: Nick Pappas

Nick litigates and counsels with respect to complex employment disputes, including in relation to antidiscrimination laws, restrictive covenant agreements, executive employment agreements, discipline, discharge, and disability, among other issues, in federal and state courts, administrative agencies and arbitral fora. Nick also concentrates on the defense of ERISA class actions challenging the administration of health care benefit plans, 401(k) plans, and defined benefit plans. In these matters he regularly litigates and counsels on sophisticated legal issues arising in ERISA litigation, including preemption, standing, exhaustion, fiduciary duties, disclosure obligations, withdrawal liability, plan termination, and benefit accrual.

What impact has New York’s expanded employee whistleblower statute had on the scope of workers’ protected activities, and what steps can employers take to mitigate the risks of whistleblower claims?

What impact has New York’s expanded employee whistleblower statute had on the scope of workers’ protected activities, and what steps can employers take to mitigate the risks of whistleblower claims?

When an employer disciplines its employees, let’s say for unsatisfactory performance or misconduct, employees sometimes respond with accusations that the discipline illegitimately occurred in retaliation for conduct protected by law.  For example, an employee may claim that the employer imposed...

What factors should employers consider in assessing whether their diversity, equity and inclusion practices comply with Title VII?

What factors should employers consider in assessing whether their diversity, equity and inclusion practices comply with Title VII?

For decades employers have sought to promote diversity in their workforces.  In recent years, employers have expanded these efforts by establishing policies and practices commonly referred to as diversity, equity and inclusion (“DEI”) programs. Employers have multiple objectives for adopting...

What obligations do employers have in responding to employees’ objections to vaccine mandates following the Supreme Court’s decision in Groff v. DeJoy?

What obligations do employers have in responding to employees’ objections to vaccine mandates following the Supreme Court’s decision in Groff v. DeJoy?

Winter weather brings renewed attention to seasonal vaccines—and to employers’ interest in encouraging employees to remain healthy and productive, including potentially through efforts to require or incentivize workers to be vaccinated. While not as widespread today as they were during...

Should employers who maintain an ongoing practice of paying workers severance benefits implement a formal written ERISA plan to govern the award of severance?

Should employers who maintain an ongoing practice of paying workers severance benefits implement a formal written ERISA plan to govern the award of severance?

Following the Federal Reserve’s interest rate increases and the resulting volatility in the stock markets, economists and government officials continue to debate whether the country will experience a hard or soft landing, or no landing at all. While some sectors...

What issues should employers consider before using automated decision-making systems in the workplace?

What issues should employers consider before using automated decision-making systems in the workplace?

Employers using automated decision-making systems, including artificial intelligence, algorithms, machine learning, and other tools (collectively, “ADMs”), in connection with employment decisions are on the precipice of a drastically changed landscape concerning such use. The Equal Employment Opportunity Commission (“EEOC”) is...