Jonathan is 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.
Duke University School of Law, J.D., cum laude
Amherst College, B.A., magna cum laude, With Honors
U.S. Supreme Court
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, Middle District of Pennsylvania
U.S. District Court, New Jersey
U.S. District Court, Colorado
Member, Board of Director; Philadelphia Holocaust Remembrance Foundation
Vice-Chair and member of Executive Committee, Board of Directors; Anti-Defamation League Southeastern Chapter
Member, Board of Trustees; Congregation Rodeph Shalom
Member, National Civil Rights Committee, Anti-Defamation League Southeastern Chapter
Associate Class Agent, Amherst College
Named to “The Best Lawyers in America©” list for Litigation – Labor and Employment (2021)*
Named to the “Pennsylvania Super Lawyers” list by Thomson Reuters for Labor and Employment law (2013-2021)*
Named to the “Pennsylvania Rising Stars” list by Thomson Reuters for Labor and Employment law (2012)*
Presenter, “Trade Secret and Restrictive Covenants Trends in the Third Circuit and PA,” accredited CLE program, July 14, 2021
Author, “District of New Jersey May Require Disclosure of Third-Party Funding,” May 7, 2021
Author, “Philadelphia Expands Ban the Box Coverage,” April 22, 2021
Author, “Philadelphia City Council Passes Legislation Reinstating Public Health Emergency Leave,” March 25, 2021
Author, “Philadelphia Council Members Introduce Bill Set to Expand Paid Sick Leave During the COVID-19 Pandemic,” February 19, 2021
Author, “Department of Labor Issues New Guidance on How to Identify and Prevent Exposure to COVID-19,” February 5, 2021
Author, “New Administration Plans Changes to Workplace Regulations,” January 22, 2021
Author, “EEOC Issues COVID-19 Vaccine Guidance,” January 14, 2021
Presenter, “Restrictive Covenant Agreements in a Post-Pandemic World,” accredited CLE program, January 13, 2021
Author, “Congress Passes $900 Billion COVID-19 Relief Package,” December 24, 2020
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, “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, “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
Wage and Hour
Single Plaintiff Discrimination