Megan M. Kokontis

Megan M. Kokontis

Megan Kokontis represents employers, executives, and management in employment-related litigation and counsels companies on day-to-day preventative issues. She also has extensive experience litigating complex commercial disputes including, breach of contract, breach of fiduciary duties, fraud, trade-secret and non-compete disputes, and other multi-million dollar disputes in state and federal courts around the country.

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Job References in the #MeToo Era: Employers In Some States Now Have Privilege to Say #HimToo

Employers seeking to avoid liability often stick to dates of employment and position held when responding to reference requests. But there is a new trend in legislation offering protection to employers who disclose to prospective employers that the candidate was the subject of a sexual harassment investigation.

For example, effective January 1, 2019, California employers will be protected by an … Continue Reading

DOL Again Offers Opinion Letters to Employers

Employers will once again have another source of guidance on wage and hour issues from the U. S. Department of Labor, which last month reinstated the practice of issuing opinion letters. The DOL stopped issuing opinion letters during the Obama administration, and instead switched to a practice of offering Administrator’s Interpretations (AI), which have broader applicability. Employers, who can rely … Continue Reading

Department of Health and Human Services Proposes New Rule For Healthcare Workers In The Name of Religious Freedom

Healthcare employers take note:  the Department of Health and Human Services (“HHS”) has issued a proposed rule that, if passed, will allow healthcare workers who object to performing certain medical procedures like abortions and gender reassignment surgeries to refuse to perform such procedures on the grounds of religious freedom. If passed, the proposed rule would apply to over 700,000 healthcare … Continue Reading

In the Continuing Battle Over Standing, Fair Credit Reporting Act Class Action Plaintiffs Must Show Actual Injury For Failure to Provide Stand Alone Notice

Employers who run background checks on prospective employees take note – applicants who sue prospective employers for Fair Credit Reporting Act violations for failure to provide notice in a stand-alone format may not be able to maintain a lawsuit unless they can show that they suffered an actual injury. As employers should know, the Fair Credit Reporting Act has specific … Continue Reading

Just A Tip: DOL One Step Closer To Rescinding Tip Pooling Regulation

Good news for restaurant employers: the regulation that says tips belong to the employee – regardless of whether the employer takes the tip credit or pays the full minimum wage — may soon be history. Last week, the Department of Labor took another step toward rescinding the 2011 regulation by submitting a proposed rule to the Office of Management and … Continue Reading

Employees in Educational Programs: Expanded Options for Suits

Employers who are operating educational programs or activities – whether inside or outside educational institutions – take note: a recent court decision adds to a split in the federal appellate courts by allowing employees more than one avenue of relief for employment discrimination claims.  … Continue Reading

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