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.
In 2018, Jonathan was named a Pennsylvania Super Lawyer® by a vote of his peers.
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.
Duke University School of Law, J.D., Cum Laude; Dean's Cup Champion (2004)
Amherst College, B.A., Magna Cum Laude, With Honors (2001)
Member, Board of Directors; Chair, International Affairs Committee; Member, National Civil Rights Committee,
Anti-Defamation League Southeastern Chapter
Associate Class Agent,
“Be Aware! Pennsylvania- and Philadelphia-Specific Employment Issues,” accredited CLE seminar, February 12, 2019
“Navigating the Use and Abuse of the FMLA,” Faculty Member, Pennsylvania Bar Institute, July 11 & 18, 2017
“Best Practices for Internal Investigations in the Me-Too Era,” accredited CLE seminar, June 6, 2018
"Ten Issues To Consider When Conducting An Internal Investigation," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2018
Quoted in article published by Bloomberg, "Trade Secret Cases Surge as Race for New Tech, Top Talent Heats Up," by Alexis Kramer, May 10, 2017. Click here for article.
"The Evolving Enforceability of Arbitration Agreements With Class Action Waivers," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2016
"Philly Sets Stage For More Local Workplace Legislation," Law 360 Employment Law and Pennsylvania Newsletter, December 20, 2016
"Understanding the New Federal Trade Secret Law: The Defend Trade Secrets Act," PBI Live Webinar, July 11, 2016
"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.
"A Breakfast Briefing on the New DOL Overtime Regulations and What They Mean for Employers," accredited CLE seminar, Klehr Harrison Harvey Branzburg LLP, June 2, 2016
"Decoding the Defend Trade Secrets Act," Bloomberg/BNA Daily Labor Report, May 19, 2016
"Employment Discrimination Basics," accredited CLE presentation, February 3, 2016
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 seminar, September 29, 2015
"Pre-Filing Strategic Issues & Forensic Analysis in Non-Compete and Trade Secret Litigation," accredited CLE seminar, July 30, 2015
"Protecting Trade Secrets: Drafting Restrictive Covenant Agreements and Other Strategic Considerations," accredited CLE seminar, July 8, 2015
"Whistleblowing in the Workplace: An Overview," accredited CLE seminar, May 11, 2015
Presenter, Employment Law Seminar, Goldman Sachs’ 10,000 Small Businesses, Philadelphia Community College, 2013.
“Challenges to Class and Collective Action Waivers in Arbitration Agreements Post-Conception,” ABA National Conference on Equal Employment Opportunity Law, March 2012
Co-author, “Fair Labor Standards Act Manual, Lorman Educational Services, 2012
“The Current State of Class Actions in Arbitration,” AAA Handbook on Arbitration Practice, 2010
Representative Matters:Non-Competition/Trade Secrets