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Philadelphia
PA 19103
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457 Haddonfield Road - Suite 510
Cherry Hill
NJ 08002-2220
215.569.4496 phone215.568.6603 faxjkrause@klehr.com
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Jonathan Krause

Partner | Labor and Employment | Litigation

Biography

Jonathan S. Krause represents employers in all aspects of employment and labor law, with a particular emphasis on discrimination/harassment, trade secret/non-compete, wage and hour, and whistleblower issues.  Jonathan’s practice encompasses both counseling clients on workforce issues and representing them when litigation arises.  Jonathan partners with clients to achieve their business goals while effectively mitigating risk, and prides himself on achieving creative and practical results.   

Jonathan has extensive expertise representing employers and individuals in injunction and money damage actions seeking to enforce restrictive covenant agreements against departing employees and their new employers, including matters where confidential information is taken.  Jonathan also assists clients with their proactive protection of intellectual property through the drafting and implementation of restrictive covenant agreements, policies, and practices.

Jonathan regularly defends claims brought under the full range of EEO statutes and state common law, including Title VII, the ADA, ADEA, and FMLA.  Jonathan has successfully represented clients in jury trials and arbitrations on such claims.  Jonathan also represents employers in preventing and defending whistleblower claims, including claims under the Sarbanes-Oxley Act, the Dodd-Frank Act, and state whistleblower statutes.  Jonathan works with employers to draft and implement whistleblower policies and procedures, counsels employers on whistleblower claim investigations, and defends against whistleblower claims in the courts and before the US Department of Labor.  

Jonathan has handled numerous wage and hour class and collective actions where plaintiffs bring litigation on behalf of groups of employees alleging improper classification of exempt or non-exempt overtime status, off-the-clock pay liability, misclassification as an independent or contingent worker, and other alleged violations of wage and hour statutes.  In addition to litigation, Jonathan conducts internal wage and hour audits to assist clients in properly classifying employees, protect against avoid off-the-clock liability, and avoid independent contractor misclassification and joint employer liability.  Jonathan reviews compensation plans to ensure legal compliance, and otherwise counsels employers on wage and hour issues related to compensable time, wage deductions, and commissions.

Jonathan counsels employers on implementing and enforcing arbitration agreements with class and collective action waivers.  Jonathan’s experience also includes benefits, stock option, and WARN Act claims.  Jonathan counsels clients on workforce reductions, workplace investigations, hiring decisions and processes (including background check issues), disability accommodations and medical leaves, termination and discipline decisions, senior management contract negotiations, severance negotiations, drafting employee handbooks and policies, and other workforce issues.  Jonathan handles traditional union matters, including securing injunctions against unlawful mass picketing, grievances, and representing employers before the National Labor Relations Board.  Jonathan also conducts trainings in the workforce.    

Jonathan practices before state and federal trial and appellate courts, the EEOC, OSHA, NLRB, DOL, and state agencies.  Jonathan has represented clients throughout the United States, including Pennsylvania, New Jersey, New York, California, Delaware, Connecticut, Massachusetts, North Carolina, Texas, and Illinois.   

Jonathan works with clients across many industries, including the health care, financial services, retail, insurance, service, pharmaceutical, life science, energy, manufacturing, and technology industries.  Jonathan has assisted companies ranging in size from those in the Fortune 100 to early stage companies securing their first rounds of financing.  

Jonathan represents pro bono clients in various areas, including veteran benefits, asylum status, and election reform and voter protection.

Prior to joining Klehr Harrison, Jonathan practiced employment law for over a decade at Morgan Lewis.  While in law school, Jonathan clerked for the Hon. Debra Freeman in the United States District Court for the Southern District of New York.
 

Credentials

Education

Duke University School of Law, J.D., Cum Laude; Dean's Cup Champion (2004)

Amherst College, B.A., Magna Cum Laude, With Honors (2001)


Admissions

Pennsylvania

New Jersey


Boards/Memberships

Member, Board of Directors; Chair, International Affairs Committee; Member, National Civil Rights Committee,  Anti-Defamation League Southeastern Chapter

Associate Class Agent,  Amherst College

Publications
Author, "Philly Sets Stage For More Local Workplace Legislation," published in Law360's Employment Law and Pennsylvania newsletter publications, December 20, 2016

Faculty Member, PBI Live Webinar "Understanding the New Federal Trade Secret Law: The Defend Trade Secrets Act," July 11, 2016.

Author, "Responding to the Department of Labor's Final Rule on White Collar Overtime Regulations," Bloomberg/BNA's Prevention of Corporate Liability Current Report, June 20, 2016.  

Presented "A Breakfast Briefing on the New DOL Overtime Regulations and What They Mean for Employers," accredited CLE, June 2, 2016 at Klehr Harrison Harvey Branzburg

Author, "Decoding the Defend Trade Secrets Act," Bloomberg/BNA Daily Labor Report, May 19, 2016

Author, "Federal Trade Secret Law Passed By Congress," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2016

"Whistleblowing in the Workplace: An Overview," accredited CLE presentation, May 11, 2015.

Faculty Member, 22nd Annual Employment Law Institute, "Legal Strategies and Forensic Analysis in Non-Compete and Trade Secret Cases," April 28, 2016.

Author, "Exiting Employees with Non-Compete Agreements: Best Practices," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2016

"Employment Discrimination Basics," accredited CLE presentation, February 3, 2016.

Author, "Best Practices For Hiring Employees Who May Have Non-Compete Agreements," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2015.

Faculty Member, Pennsylvania Bar Institute's Wage & Hour Symposium, November 20, 2015.

"Wage and Hour Issue Spotting and Pitfalls for Non-Litigators," accredited CLE presentation, October 28, 2015.

"The DOL's White Collar Exemption Proposal:  What's Changing and Why It Matters," accredited CLE presentation, September 29, 2015.

Author, "Congress Introduces Federal Trade Secret Protection Legislation," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2015.

"Pre-Filing Strategic Issues & Forensic Analysis in Non-Compete and Trade Secret Litigation," accredited CLE presentation, July 30, 2015.

"Protecting Trade Secrets: Drafting Restrictive Covenant Agreements and Other Strategic Considerations," accredited CLE presentation, July 8, 2015.

“Challenges to Class and Collective Action Waivers in Arbitration Agreements Post-Concepcion”;  ABA National Conference on Equal Employment Opportunity Law; March 2012.

AAA Handbook on Arbitration Practice, “The Current State of Class Actions in Arbitration”;  2010.

Presenter, Employment Law Seminar, Goldman Sachs’ 10,000 Small Businesses, Philadelphia Community College, 2013.

Presenter and co-Author, “Fair Labor Standards Act Manual,” Lorman Educational Services, 2012.
Jonathan’s sample representations include:
 

Non-Competition/Trade Secrets

  • Represented home goods company in action brought against former sales representative who had misappropriated promotional funds and products.  Motion for summary judgment was granted and affirmed on appeal, and judgment in excess of $650,000 was entered against former employee.
  • Represented manufacturing company in enforcement of restrictive covenant against key process and R&D manager.  As part of negotiated consent decree, the employee was precluded from working in the position for which he was hired and the new employer was required to pay for third-party auditors to monitor work duties to ensure compliance.  
  • Represented energy equipment company in trade secrets misappropriation action brought against former managers and employees who had set up a competing business by taking thousands of company documents.  Through detailed forensic analysis, discovered the taking of documents and establishment of the competitor, and secured their return.  As a result of the litigation, the competitor ceased operations.
  • Represented office supply company in enforcement at hearing of non-solicitation obligations of former sales representative who had accepted employment with key competitor.
  • Represented health care data technology company in multiple actions enforcing restrictive covenants against departing employees.

Wage and Hour

  • Represented national weight loss product company in an FLSA and state law class and collective action brought on behalf of call center sales representatives alleging entitlement to overtime pay.  In a case of first impression, the court granted summary judgment and held that the employees were exempt under the retail and service exemption.  The appellate court affirmed.
  • Represented national financial services company in an FLSA and state law class and collective action brought on behalf of financial advisors alleging entitlement to overtime pay and improper deductions.  Successfully enforced arbitration agreement, compelled arbitration of the named plaintiffs’ individual claims, and had dismissal granted.
  • Represented alarm installation and security company in an FLSA collective action brought on behalf of installers alleging entitlement to overtime pay.  After taking the named plaintiff’s deposition, secured a very favorable settlement on individual basis.
  • Represented health care system in defense of state law wage and hour class action claims alleging unlawful denial of overtime wages base on “8 an 80” payment method.  After having a class certified against the plaintiffs for unjust enrichment, reached favorable resolution of claims that permitted system to preserve its compensation system.

Single Plaintiff Discrimination

  • Represented utility service company in a three day trial where jury found in favor of defendant for all counts brought by former employee alleging pregnancy discrimination under Title VII and state law.
  • Represented health care system in securing voluntary dismissal with prejudice in Rehabilitation Act disability claim brought by nurse upon taking of plaintiff’s deposition.
  • Represented bank in Title VII and state law discrimination action brought by former female manager where court granted summary judgment on all counts.  On behalf of regional bank, won grant of summary judgment on former employee’s Title VII and state law discrimination claims.
  • Negotiated numerous cost-efficient and favorable settlements with plaintiffs resulting in decreased legal spend.

Whistleblower

  • Represented  pharmaceutical company in securing dismissal of plaintiff’s Pennsylvania whistleblower claim through successful argument that law did not apply to allegations presented in the complaint.
  • Represented technology company in securing a finding of no probable cause of Sarbanes-Oxley retaliation claim investigated by OSHA.
  • Represented financial services company in securing a finding of no probable cause of Sarbanes-Oxley retaliation claim investigated by OSHA.
  • Represented financial services company in investigation and defense of Sarbanes-Oxley retaliation claim brought by former employee in legal and investigations department, who alleged wrongdoing by company executives and others and took confidential and privileged materials prior to his separation to bolster his claim.

Miscellaneous

  • Represented major public utility against an ERISA class action brought on behalf of thousands of independent contractors seeking ERISA-covered benefits.  Motion to dismiss the entire action was granted and affirmed on appeal.
  • Represented telecommunications company in a stock option breach of contract action brought by executive in connection with the merger of company in which options had been awarded.  Motion for summary judgment was granted.
  • Represented health system in an ERISA benefits claim, where the plaintiff voluntarily dismissed with prejudice after informal discovery.
  • Represented fulfillment services company in severance breach of contract claim where executive alleged entitlement to severance benefits based on company policies in connection with an asset sale.  After securing partial summary judgment, negotiated a favorable resolution for the company.