Christopher R. Lepore

Christopher R. Lepore

Chris Lepore focuses his practice on employment litigation and counseling employers on compliance with the numerous employment laws. He litigates a wide range of single- and multi-plaintiff discrimination, retaliation, harassment, wage and hour, breach of contract, restrictive covenant, and trade secret matters before federal and state courts, administrative agencies, and arbitrators. He also provides day-to-day advice and counseling to employers on workplace issues, including employment contracts, employee handbooks, hirings, terminations, leave management, and accommodations.

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Technical Violations of Statutes May No Longer Be Enough

By Christopher R. Lepore on Posted in Employment Counseling & Workplace Claims Prevention, Employment Litigation

“Have you been injured?”  No longer just a query for auto accident victims, plaintiffs must increasingly be able to answer “yes” to that question before bringing suits for violations of statutory rights.

Once upon a time, a technical violation was enough. However, following the Supreme Court’s decision in Spokeo v. Robbins (2016), courts have been increasingly reluctant to permit … Continue Reading

Protected Conduct or Hate Speech? Managing Diverse Viewpoints in the Workplace

By Christopher R. Lepore on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Employment Litigation

Recent events have underscored the difficulties employers face in managing diverse workforces in which employees hold a wide-range of political perspectives.  The mere discussion of the news of the day can create divisive conflicts, especially since some employees might feel emboldened to express views once thought to be offensive or taboo, while others, in turn, believe they are compelled to … Continue Reading

Bill Permitting “Comp Time” in Lieu of Overtime Heads to Senate

By Christopher R. Lepore on Posted in Wage & Hour

A Republican proposal to allow private employers to offer employees compensatory time off in lieu of paying overtime at time–and–a–half their regular rate has been approved by the U.S. House of Representatives and next moves to the Senate for consideration. The “Working Families Flexibility Act of 2017’’ (H.R. 1180) would amend the Fair Labor … Continue Reading

Proposed Employee Wellness Legislation Might Undermine Protections of GINA

By Christopher R. Lepore on Posted in Employee Benefits, Employee Handbooks & Policies, Privacy

Employees who don’t want to disclose genetic information about themselves and their families to their employers may have to pay a stiff price for that privacy in the future. The Preserving Employee Wellness Programs Act (H.R. 1313), a GOP-sponsored bill currently under consideration in Congress, could dismantle the employee privacy protections of the Genetic Information Nondiscrimination Act (GINA).… Continue Reading

EEOC Updates Guidance on National Origin Discrimination

By Christopher R. Lepore on Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Immigration Planning & Compliance

As we observed (here), the heated tone of the recent presidential election poses unprecedented challenges for employers attempting to manage employee interactions in the workplace, especially when issues related to immigration and national origin inevitably come up. Right on cue, on November 21, 2016, the EEOC, emphasizing the rising numbers of immigrant workers in many of the United … Continue Reading

Eleventh Circuit Announces New Standard for Employers to Win Cases on Summary Judgment

By Christopher R. Lepore on Posted in Employment Discrimination Harassment & Retaliation

Employers in Florida, Georgia, and Alabama should adjust their analysis of discrimination claims in light of a recent court decision that changes the legal standard for employers seeking early dismissal of discrimination cases. Previously, employee claims based on circumstantial evidence were evaluated under a burden-shifting framework. An employer could win summary judgment before trial by showing that a) it had … Continue Reading

An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

By Matthew A. Steinberg, Samantha Abeysekera and Christopher R. Lepore on Posted in Employment Discrimination Harassment & Retaliation

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow employees’ charges of similar conduct. What fewer employers may realize is that legal prohibitions on retaliation may, in some circumstances, extend beyond employees’ actual employment. Some of the post-employment conduct … Continue Reading

New York Trial Court Provides Guidance on Application of Corrections Law Factors

By Christopher R. Lepore on Posted in Employment Discrimination Harassment & Retaliation

It should come as no surprise to New York employers that making an employment decision based on an applicant or employee’s criminal background can be unlawful.See N.Y. Corr. Law § 752; see also N.Y. Exec. Law § 296 (15).  Despite this general prohibition, there are two statutory carve outs which permit employers to make such a decision: (1) when … Continue Reading

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