Jonathan S. Krause

Jonathan is Co-Chair of the Litigation Department. He represents employers in all aspects of employment and labor law, with a particular emphasis on trade secret/non-compete, whistleblower issues, wage and hour, and discrimination/harassment matters. Jonathan partners with clients to achieve their business goals while effectively mitigating risk, and prides himself on achieving creative and practical results whether that means counseling clients on workforce issues through litigation if and when it arises.

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 stolen. He 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. He has successfully represented clients in jury trials and arbitrations on such claims. He also represents employers in preventing and defending whistleblower claims, including claims under the Sarbanes-Oxley Act, the Dodd-Frank Act, and state whistleblower statutes. He 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 U.S. 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, he 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. He frequently 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. His experience also includes benefits, stock option, and WARN Act claims. He 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. He 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 California, Connecticut, Delaware, Illinois, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania and Texas..

Jonathan works with clients across many industries, including the health care, financial services, retail, insurance, service, pharmaceutical, life science, energy, manufacturing, and technology industries 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.

Author, “COVID-19 Testing Strategies for the Workplace,” July 28, 2020

Presenter, “Litigating Trade Secret Claims Beyond Injunctive Relief,” Pennsylvania Bar Institute accredited CLE seminar, July 27, 2020.

Author, “Travel Quarantine Complicates Reopening Plans for Employers,” July 27, 2020

Author, “DOL Issues New Guidance on Several Return to Work Issues,” July 23, 2020

Author, “Pennsylvania Announces New Business Restrictions Including Telework Mandate,” July 16, 2020

Author, “What To Do When Essential Workers Are Exposed To COVID-19,” July 10, 2020

Author, “Philadelphia Enacts Work-Place Protection and Anti-Retaliation COVID-19 Ordinance,” July 8, 2020

Author, “OSHA Issues Reopening Guidance for Nonessential Businesses,” June 22, 2020

Author, “What to do when an employee tests positive for COVID-19,” June 19, 2020

Author, “Contact Tracing Technology May Pose Liability for Employers,” June 17, 2020

Author, “EEOC Issues Updated Return-to-Work Guidance Regarding Workplace Discrimination,” June 15, 2020

Author, “CDC Issues New Guidance for Employers with Office Buildings,” May 29, 2020

Author, “CDC Guidelines for Reopening Issued on May 19, 2020,” May 21, 2020

Author, “How to Reopen Your Business After the Coronavirus Stay-At-Home Orders,” May 13, 2020

Author, “New Jersey Extends Public Health Emergency,” May 11, 2020

Author, “NJ Delays Implementation of More Stringent Mini-WARN Requirements (Inc. Required Severance Pay),” April 21, 2020

Author, “Pennsylvania Orders Businesses to Implement Enhanced Safety Measures,” April 15, 2020

Presenter, “Paid Sick and Family Leave 2.0: Implementation Steps and Common Questions,” Pennsylvania Bar Institute, April 9, 2020

Author, “DOL Issues Regulations For New Federal Paid Sick and Family Leave Law,” April 8, 2020

Author, “The EEOC Issued Additional Guidance for Employers Related to the Federal Equal Employment Opportunity Laws and the COVID-19 Pandemic,” April 1, 2020

Author, “Pennsylvania Sets Deadline for Businesses Seeking Waiver or Exemption,” April 1, 2020

Author, “DOL Issues Additional Guidance on Paid Sick and Family Leave Requirements,” March 31, 2020

Presenter, “Continuing Legal Education: Families First Coronavirus Response Act: What Employers Need to Know,” Pennsylvania Bar Institute, March 31, 2020

Quoted, “Pennsylvania hit by more jobless claims than any other U.S. state,” LA Times, March 28, 2020

Author, “Federal Paid Sick and Family Leave Update: Non-Enforcement Period and Model Poster,” March 27, 2020

Author, “Senate Leaders Reach Deal on Federal Stimulus Package,” March 26, 2020

Mentioned, “Coronavirus layoffs in the Philly region are hitting hotel, restaurant, and nonprofit workers hard: ‘It’s total annihilation’,” The Philadelphia Inquirer, March 26, 2020

Author, “COVID-19: DOL Issues Q&As Providing Guidance on New Paid Sick and Family Leave Law,” March 25, 2020

Presenter, “Federal Government Passes Paid Sick Leave and Family Leave Expansion Into Law,” March 23, 2020

Author, “Alert – New Jersey Announces Shutdown of All Non-Essential Retail Businesses,” March 21, 2020

Author, “Federal Government Passes Paid Sick Leave and Family Leave Expansion Into Law: What Employers Need To Know,” March 19, 2020

Author, “Common Employment Issues in Responding to COVID-19,” March 14, 2020

Presenter, “Be Aware! Pennsylvania- and Philadelphia-Specific Employment Issues,” accredited CLE seminar, February 12, 2019

Faculty Member, “Navigating the Use and Abuse of the FMLA,” Pennsylvania Bar Institute, July 11 & 18, 2017

Presenter, “Best Practices for Internal Investigations in the Me-Too Era,” accredited CLE seminar, June 6, 2018

Author, “Ten Issues To Consider When Conducting An Internal Investigation,” Labor and Employment Update, Spring 2018

Author, “Wage and Hour Issues Under The Trump Administration,” Labor and Employment Update, Winter 2017

Quoted, “Trade Secret Cases Surge as Race for New Tech, Top Talent Heats Up,” Bloomberg, May 10, 2017.

Author, “The Evolving Enforceability of Arbitration Agreements With Class Action Waivers,” Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2016

Quoted, “Philly Sets Stage For More Local Workplace Legislation,” Law 360 Employment Law and Pennsylvania Newsletter, December 20, 2016

Presenter, “Understanding the New Federal Trade Secret Law: The Defend Trade Secrets Act,” PBI Live Webinar, July 11, 2016

Quoted, “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.

Presenter, “A Breakfast Briefing on the New DOL Overtime Regulations and What They Mean for Employers,” accredited CLE seminar, June 2, 2016

Quoted, “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, Spring 2016

Presenter, “Legal Strategies and Forensic Analysis in Non-Compete and Trade Secret Cases,” 22nd Annual Employment Law Institute, April 28, 2016

Author, “Exiting Employees with Non-Compete Agreements: Best Practices,” Labor and Employment Update, Winter 2016

Presented, “Employment Discrimination Basics,” accredited CLE seminar, February 3, 2016

Author, “Best Practices For Hiring Employees Who May Have Non-Compete Agreements,” Labor and Employment Update, Fall 2015

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

Presenter, “Wage and Hour Issue Spotting and Pitfalls for Non-Litigators,” accredited CLE seminar, October 28, 2015.

Presenter, “The DOL’s White Collar Exemption Proposal: What’s Changing and Why It Matters,” accredited CLE seminar, September 29, 2015

Author, “Congress Introduces Federal Trade Secret Protection Legislation,” Labor and Employment Update, Summer 2015

Presenter, “Pre-Filing Strategic Issues & Forensic Analysis in Non-Compete and Trade Secret Litigation,” accredited CLE seminar, July 30, 2015

Presenter, “Protecting Trade Secrets: Drafting Restrictive Covenant Agreements and Other Strategic Considerations,” accredited CLE seminar, July 8, 2015

Presenter, “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.

Presenter, “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

Co-author, “The Current State of Class Actions in Arbitration,” AAA Handbook on Arbitration Practice, 2010

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 thousand 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 third-party auditors to monitor work duties to ensure compliance.
• Represented an 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 an office supply company in enforcement at hearing of non-solicitation obligations of former sales representative who had accepted employment with key competitor.
• Represented a health care data technology company in multiple actions enforcing restrictive covenants against departing employees.

Wage and Hour

• Represented a 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 a 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.