Jonathan S. Krause

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 training 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.