Law and the Workplace
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Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

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UPDATED: NYC Council Approves Salary Disclosure Law Amendment to Delay Effective Date

***UPDATE: Mayor Adams signed the bill into law on May 12, 2022.  It takes effect immediately.*** The NYC Council has approved a bill to amend the pending New York City pay transparency law that will require employers to disclose salary ranges in job postings.  The bill amends several aspects of the law, including, notably, extending … Continue Reading

Washington State to Require Employers to Provide Salary Ranges and Other Compensation Information in Job Postings

On March 30, 2022, Washington Governor Inslee signed into law a bill that will require employers to include a salary or pay range, as well as information about other compensation and benefits, in each job posting. The bill revises the existing state law that requires only that employers provide the minimum wage or salary for … Continue Reading

New York District Court Permanently Enjoins Reproductive Health Notice of Rights Requirement for Employee Handbooks

A Northern District of New York court has permanently enjoined the statewide requirement that employers include a notice of workers’ rights and remedies in their employee handbooks regarding the prohibition on discrimination based on reproductive health care choices. The requirement, which took effect in November 2019, was part of a broader bill amending the New … Continue Reading

NYC Commission on Human Rights Issues Guidance on Salary Disclosure Law

The New York City Commission on Human Rights (NYCCHR) has released a fact sheet providing some additional details and guidance regarding the upcoming salary disclosure law. As we previously reported, the new law will make it an unlawful discriminatory practice under the New York City Human Rights Law (NYCHRL) for a covered employer or its … Continue Reading

Bill Introduced to Amend (and Delay Effective Date of) NYC Salary Disclosure Law

***UPDATE: A revised version of this bill has been approved by the NYC Council.  Read more here.*** A bill has been introduced before the NYC Council that would amend the recently enacted law requiring employers to include salary ranges in job postings. As we previously reported, the new law will make it an unlawful discriminatory … Continue Reading

U.S. House Passes Bill that Places Future of Arbitration Agreements at Risk

It’s only been two weeks since President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Ending Forced Arbitration Act”) into law (which we covered here), and there is already a new major development in the world of arbitration. Yesterday, the U.S. House passed the Forced Arbitration Injustice … Continue Reading

Sweeping Expansion of Protections Relating to Workplace Discrimination on the Horizon in New York State

A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State.  Several of these bills, if ultimately enacted, would potentially lead to a groundbreaking shift in how employers approach settlement of discrimination, harassment and retaliation … Continue Reading

Tennessee Expands Employee Protections Relating to COVID-19 Vaccine Mandates

Tennessee Governor Bill Lee has signed into law a bill that expands protections for employees who are subject to employer COVID-19 vaccine mandates. The new law supplements existing state law that prohibits private employers and other entities from compelling or otherwise taking “adverse action” against a person to compel the person to provide proof of … Continue Reading

EEOC Releases New Guidance on COVID-related Caregiver Discrimination

On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding the treatment of workers with caregiving responsibilities. The new guidance reiterates that while the status of being a caregiver is not a protected … Continue Reading

Mayor Adams Ends Vaccine Requirements For Indoor Dining, Entertainment and Fitness Venues Under Key to NYC Program

On February 27, 2022, New York City Mayor Eric Adams announced that he will lift the Key to NYC vaccine requirements for entry to indoor dining, entertainment and fitness venues on March 7, 2022, contingent on COVID-19 indicators continuing to show a low level of risk. As we have previously reported, the Key to NYC … Continue Reading

[Podcast]: The New York City Pay Transparency Law

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss a recent New York City law requiring employers to state salary ranges in job postings. Effective May 15, 2022, as an amendment to the New York City Human Rights law, it shall now be an unlawful discriminatory practice for an employer or their agent to … Continue Reading

UPDATED: Congress Passes Bill Prohibiting Mandatory Arbitration and Class Action Waivers for Sexual Harassment and Sexual Assault Claims

***UPDATE: President Biden signed the bill into law on March 3, 2022.  The law takes effect immediately.*** Today, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote.  The bill had previously passed the House of Representatives by a vote of 335-97. The … Continue Reading

Governor Hochul Lifts New York State Indoor Mask Mandate

On February 9, 2022, Governor Kathy Hochul announced that the statewide indoor mask mandate will expire on February 10, 2022. Governor Hochul noted that while the statewide mandate has been lifted, counties, cities, and individual businesses can elect to continue to voluntarily enforce the mandate or put in place their own masking or other COVID-19 … Continue Reading

New York State Department of Health Provides Self-Attesting Quarantine and Isolation Forms for COVID-19 Quarantine Leave Law Eligibility

The New York State Department of Health (NYSDOH) has made available on its website self-attesting quarantine and isolation forms that employees may use to demonstrate eligibility for the state’s COVID-19 quarantine leave law or for other purposes in which they must verify quarantine or isolation for themselves or their child/dependent (such as for return to … Continue Reading

(UPDATED) New York State Court Strikes Down Statewide Mask or Vaccine Requirement for Indoor Public Places

***UPDATE: In a whiplash-inducing turn, on January 25, 2022, the New York State Appellate Division granted a stay of the Nassau County court’s decision pending determination of the State’s appeal.  As such, the mask-or-vaccine requirement remains in effect for the moment.  We will continue to monitor and report on further developments.*** On January 24, 2022, … Continue Reading

New York City and State Update COVID Quarantine and Isolation Guidance to Align With CDC’s Shortened Timeframes

On January 22, 2022, New York City updated its quarantine and isolation guidance to align with the CDC’s recent shortening of both (i) the recommended timeframe for isolation following a COVID-19 diagnosis for individuals regardless of vaccination status, and (ii) the recommended quarantine period following a COVID-19 exposure for vaccinated individuals. New York State has … Continue Reading

U.S. Supreme Court Stays OSHA Vaccine/Testing Mandate for Employers with 100 or More Employees

UPDATE: On January 25, 2022, OSHA filed a notice withdrawing the Emergency Temporary Standard apart from the extent it serves as a proposed rule under the OSH Act.  For more details, click here. On January 13, 2022, the U.S. Supreme Court, in a per curiam opinion, stayed OSHA’s Emergency Temporary Standard (“ETS”) mandating that employers … Continue Reading

New York State Department of Labor Issues Proposed Rule for HERO Act Workplace Safety Committees

On December 22, 2021, the New York State Department of Labor (“NYDOL”) issued a proposed rule regarding workplace safety committees under the HERO Act. As we have previously reported, the HERO Act requires all employers in New York State to adopt a prevention plan to protect against the spread of COVID-19 and other airborne infectious … Continue Reading

Sixth Circuit Panel Dissolves Stay of OSHA Vaccine/Testing Mandate

UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs.  Click here to read more about the Court’s decision.  On … Continue Reading

New York City Council Approves Bill Requiring Including Salary Ranges in Job Postings

***UPDATE: The bill was enacted into law on January 15, 2022 upon no action by the Mayor.  The law takes effect on May 15, 2022.*** The New York City Council has approved a bill that would require NYC employers with four or more employees to include in job postings – including those for promotion or … Continue Reading

New York City Issues Guidance on Private Employer COVID-19 Vaccine Mandate

On December 15, 2021, New York City released guidance on the private employer vaccine mandate set to take effect on Monday, December 27. As we previously reported, the mandate will require workers in New York City who perform in-person work or interact with the public to show proof they have received at least one dose … Continue Reading

New York State Announces Proof of COVID-19 Vaccine or Masking Requirement for All Indoor Public Places

**UPDATE: On January 24, 2022, a Nassau County State Supreme Court struck down this COVID-19 mask or vaccination requirement statewide. Our post on this decision can be found here.** New York Governor Kathy Hochul has announced that, effective December 13, 2021, masks will be required to be worn in all indoor public places in New … Continue Reading

New York City Announces Private Employer COVID-19 Vaccine Mandate and Expansions to Key to NYC Program

***UPDATE: New York City has issued further guidance regarding implementation of the private employer vaccine mandate.  Read more here.*** Mayor Bill de Blasio has announced that New York City will become the first major city in the United States to mandate COVID-19 vaccinations for private sector workers across industries. The mandate will take effect on … Continue Reading
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