Law and the Workplace
Evandro Gigante

Evandro Gigante

Partner

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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New York City Council Passes Bill Limiting Pre-Employment Drug Testing for Marijuana

The New York City Council overwhelmingly passed legislation which would prohibit most City employers from requiring job applicants to submit to drug tests for marijuana use. Specifically, the bill would amend the City’s Fair Chance Act to make it an unlawful discriminatory practice for an employer (including employment agencies and their agents) to require a … Continue Reading

New York City Issues Final Guidance on Sexual Harassment Training Requirements

As we previously reported, New York City has enacted the Stop Sexual Harassment in NYC Act, which is a package of bills aimed at addressing and preventing sexual harassment in the workplace. Effective April 1, 2019, all New York City employers with 15 or more employees (including interns) are required to conduct annual anti-sexual harassment … Continue Reading

Cincinnati, Ohio Passes Ban on Salary History Inquiries

Cincinnati, Ohio recently became the latest jurisdiction to pass a law that prohibits employers from asking job applicants for their salary history. Under the Prohibited Salary History Inquiry and Use Ordinance (the “Ordinance”), employers with 15 or more employees located within the City of Cincinnati may not ask about or rely on the prior salary … Continue Reading

New Jersey Enacts Law Limiting Non-Disclosure Obligations in Settlement Agreements

On March 18, 2019, New Jersey Governor Phil Murphy signed into law Senate Bill 121, which prohibits nondisclosure clauses in settlement agreements relating to workplace discrimination, retaliation or harassment. Effective immediately, the law renders unenforceable any provision in an employment contract that waives “any substantive or procedural right or remedy relating to a claim of … Continue Reading

The Third Circuit Finds No Age Discrimination Related to Virgin Islands Law That Encouraged Long-Tenured Employees to Retire

The Third Circuit recently issued a significant opinion in Bryan v. Government of the Virgin Islands, Case No. 18-1941, 2019 WL 661822 (3rd Cir. February 19, 2019) holding that the Virgin Islands did not violate the Age Discrimination in Employment Act (ADEA) when, in an effort to keep the retirement system solvent, it required employees … Continue Reading

[Podcast]: The Employment Law Landscape in 2019

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as other legislative developments. They will highlight cases pending before the Supreme Court and what we can expect from the National Labor Relations Board … Continue Reading

The NYCCHR Issues New Enforcement Guidance on Appearance and Grooming Policies

On February 19, 2019, the New York City Commission on Human Rights (“NYCCHR”) issued new enforcement guidance on appearance and grooming policies that ban or restrict naturally curly hair, dreadlocks, braids, cornrows and other hairstyles. Such policies constitute a violation of the New York City Human Rights Law (“NYCHRL”) because, according to the City Commission, … Continue Reading

New Jersey’s New Paid Family Leave Law Provides Greater Benefits for Employees

A new bill seeking to expand paid family leave in New Jersey passed the Senate and Assembly on January 31, 2019, and was signed by Governor Phil Murphy today. The bill makes sweeping changes to the New Jersey Family Leave Act that provides greater benefits for more employees. Following are some highlights of the bill: … Continue Reading

Update: New York Governor Signs Gender Identity Discrimination Ban Into Law

On January 25, 2019, New York Governor Andrew Cuomo signed into law the Gender Expression Non-Discrimination Act (GENDA). As we previously reported, GENDA amends the New York State Human Rights Law to expressly prohibit discrimination on the basis of gender identity or expression. The Act also expands New York’s hate crime laws to include crimes … Continue Reading

New York State Passes the Gender Expression Non-Discrimination Act

After 16 years of debate and discussion, the New York State Legislature recently passed the Gender Expression Non-Discrimination Act (“GENDA”), which would amend the New York State Human Rights Law to expressly prohibit discrimination on the basis of gender identity or expression. Under the Act, gender identity or expression is defined as “a person’s actual … Continue Reading

The Employment Law Landscape in 2019

States across the country have passed new laws addressing sexual harassment, paid family leave, and other labor and employment law issues. As many of these laws will soon become effective, employers should be prepared for the following changes in the legal landscape. Sexual Harassment Laws New York City’s Stop Sexual Harassment Act, effective April 1, … Continue Reading

Philadelphia Enacts Fair Workweek Ordinance

The Philadelphia City Council recently passed the Fair Workweek Employment Standards Ordinance (the “Ordinance”), which will impose new restrictions on retail, fast food and hospitality employers with regard to employee scheduling and pay practices. The Ordinance was signed by Mayor Jim Kenney on December 20, 2018, and will take effect on January 1, 2020. The … Continue Reading

New York Paid Family Leave Law: Are You Prepared for 2019?

As we approach the New Year, it is important to keep in mind several updates to the New York Paid Family Leave Law (“NYPFLL”) that will become effective January 1, 2019. As we have previously reported, the NYPFLL provides a phased-in system of paid, job protected leave for eligible employees: (i) to care for a … Continue Reading

Suffolk County, New York Enacts Salary History Ban

The Suffolk County, NY Legislature has unanimously enacted a bill that will prohibit employers and their agents from inquiring about job applicants’ wage or salary history during the hiring process. The Restricting Information on Salaries and Earnings Act (the “RISE Act”) goes into effect on June 30, 2019. The RISE Act amends the Suffolk County … Continue Reading

Texas Appellate Court Rules Austin City Paid Sick and Safe Leave Ordinance Unconstitutional

As we previously reported, in February 2018, the city of Austin, Texas passed a paid sick and safe leave ordinance (the “Ordinance”) that would have required companies to provide paid sick and safe leave to their employees. The Ordinance obligated companies with 15 or more employees to provide eight days of paid leave, and companies … Continue Reading

Amended Rules Issued Under NYC Earned Safe and Sick Time Act

In follow up to recent amendments to the New York City Earned Safe and Sick Time Act (“ESSTA”), the NYC Department of Consumer Affairs Office of Labor Policy and Standards (“OLPS”) has amended its official rules, several of which expand upon currently existing rules regarding ESSTA. The OLPS has also issued an updated ESSTA FAQ … Continue Reading

Westchester County, New York Enacts Paid Sick Leave Law

Westchester County, NY has become the latest jurisdiction to enact a law providing eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons. The Ordinance will take effect on March 30, 2019. Covered Employees and Accrual of Sick Leave Similar to the New York City Earned … Continue Reading

New York State Releases Sexual Harassment Prevention Training Videos

As we have previously reported, New York State has recently enacted several significant measures regarding sexual harassment in the workplace. Effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees. According to the final guidance issued by the State, all … Continue Reading

Mandatory Employee Notice Issued for New Jersey Earned Sick Leave Law

The New Jersey Department of Labor and Workforce Development (the “Department”) has issued a mandatory employee notice regarding the NJ Earned Sick Leave Law, which goes into effect on October 29, 2018.  As we have previously reported, the Law will require employers to provide eligible employees with paid leave for their own medical needs, those … Continue Reading

New York City “Cooperative Dialogue” Law for Employees Seeking Reasonable Accommodation Takes Effect October 15

New York City’s new law requiring employers to engage in a “cooperative dialogue” with employees requesting reasonable accommodation and provide a written determination at the end of the cooperative dialogue process takes effect on October 15, 2018. As we have previously reported, while the New York City Human Rights Law (NYCHRL) has long required that … Continue Reading

[Podcast]: New York State Anti-Harassment Law

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss recent amendments to New York State law prohibiting sexual harassment.  The law will require employers to distribute policies prohibiting sexual harassment in the work place and implement annual training on sexual harassment.  These policies, which much be distributed by October 9, 2018, … Continue Reading

New York State Issues Final Guidance on Sexual Harassment Policy and Training Requirements In Advance of October 9 Effective Date

As we have previously reported,  New York State has enacted several significant measures regarding sexual harassment in the workplace. Effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees (see below for more details on specific requirements and deadlines).  After … Continue Reading

Proposed Rules Issued for New Jersey Paid Sick Leave Act

The New Jersey Department of Labor and Workforce Development has issued proposed rules for the recently enacted New Jersey paid sick leave act (the “Act”), which will take effect on October 29, 2018. The proposed rules will be subject to a 60-day public comment period. As we have previously reported, the Act will require employers … Continue Reading

New York State Releases Draft Anti-Sexual Harassment Training and Policy Models for Public Comment

As we have previously reported, pursuant to provisions of the state budget signed into law this past April, effective October 9, 2018, all New York State employers will be required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees. To that end, New York State has just launched a new … Continue Reading
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