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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EEOC Issues Proposed Rule for the Pregnant Workers Fairness Act

On August 11, 2023, the EEOC issued a proposed rule regarding the Pregnant Workers Fairness Act (“PWFA”). The PWFA, which took effect on June 27, 2023 requires covered employers to provide reasonable accommodations to qualified employees or candidates with a known limitation related to pregnancy, childbirth or related medical conditions absent undue hardship. Below are … Continue Reading

EEOC Releases 2022-26 Strategic Plan Highlighting Agency Priorities Regarding Employment Discrimination

On August 22, 2023, the Equal Employment Opportunity Commission (“EEOC”) unveiled its four-year Strategic Plan for Fiscal Years 2022-2026 that it will use as a framework to advance its goals of preventing and remedying employment discrimination. Under the Government Performance and Results Act Modernization Act, agencies like the EEOC must develop and post a strategic … Continue Reading

EEOC Releases New Guidance on Accommodating Visually-Impaired Employees under the Americans with Disabilities Act

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document titled “Visual Disabilities in the Workplace and the Americans with Disabilities Act.” This guidance explains how the Americans with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities. The new guidance is part of a Q & … Continue Reading

Maine Enacts Expansive Paid Family and Medical Leave Law

Maine has become the latest state to enact a paid family and medical leave law. The law (as amended prior to enactment), which will cover all employers with one or more employees working in Maine, establishes a state-managed program whereby employers and employees will contribute to a paid Family and Medical Leave Insurance Fund (the … Continue Reading

Proposed Regulations Issued for New Jersey Temporary Workers’ Bill of Rights Law

As previously reported, the New Jersey Temporary Workers’ Bill of Rights Law (the “Law”) took full effect on August 5, 2023. In light of this, the New Jersey Department of Labor & Workforce Development (the “Department”) has proposed new rules to implement the Law. Below are some highlights of the proposed regulations that temporary help … Continue Reading

New York State Department of Labor Releases Updated NYS WARN Act Regulations

The New York State Department of Labor (“NYS DOL”) issued updated regulations under the New York State Worker Adjustment and Retraining Notification (WARN) Act (“the Act”), which requires covered employers to provide 90 days’ advance notice in the event of plant closings, mass layoffs, relocations, or reductions in work hours.  The updated regulations, which took … Continue Reading

Court Rejects Attempt to Enjoin New Jersey Temporary Worker Law From Taking Effect

A District of New Jersey court has rejected an attempt by staffing agency industry groups to enjoin the majority of the provisions of the New Jersey Temporary Workers’ Bill Of Rights Law from taking effect.  The denial by the court means that the bulk of the law’s provisions are set to take effect as scheduled … Continue Reading

DHS Rule Will Permit Remote I-9 Authorizations on a Permanent Basis

***UPDATE: The new edition of the Form I-9 has been released and can be found here.*** The United States Department of Homeland Security (“DHS”) has issued a final rule that will permit certain employers to remotely verify I-9 employment authorization documents on a permanent basis beginning August 1, 2023. Historically, employers, or their “authorized representatives,” … Continue Reading

Hawaii Enacts Pay Transparency and Expands Equal Pay Legislation

On July 3, 2023, Hawaii Governor Josh Green signed S.B. 1057 into law, expanding equal pay protections and making Hawaii the latest state to require certain employers to disclose salary information in their job advertisements. The law takes effect on January 1, 2024. The law states that “job listings shall disclose an hourly rate or … Continue Reading

Four Things You May Not Know About … the Family and Medical Leave Act

Welcome to the first in a series of blogs examining often overlooked or misunderstood provisions of common employment law topics.  Today we will be covering four pitfalls that employers may inadvertently encounter when navigating the federal Family & Medical Leave Act (“FMLA”). The FMLA applies, with limited exception, to employers with 50 or more employees … Continue Reading

Supreme Court Overturns Affirmative Action Precedent in Higher Education

On June 29, 2023, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 (June 29, 2023), that the race-conscious admissions programs at one public and one private institution covered by Title VI of the Civil Rights Act violated the Equal Protection Clause of the … Continue Reading

Colorado Amends Job Posting Notice Requirements Under Equal Pay for Equal Work Act

On June 5, 2023, Colorado Governor Jared Polis signed the Ensure Equal Pay for Equal Work Act (the “Amended Act”) amending the Equal Pay for Equal Work Act. The Equal Pay for Equal Work Act, which took effect on January 1, 2021, requires employers to make reasonable efforts to provide covered employees with certain notice … Continue Reading

Second Circuit Vacates Ruling on WARN Act Notice Claims

On May 15, 2023, the Second Circuit vacated the entry of summary judgment on Worker Adjustment and Retraining Notification Act and New York Labor Law § 860 et seq. (collectively, the “WARN Acts”) claims, holding that a reasonable factfinder could conclude that a buffet restaurant operating inside of a casino was considered an operating unit … Continue Reading

Florida Expands Ban on Vaccination, Testing and Masking Mandates

On May 11, 2023, Governor Ron DeSantis signed into law a “medical freedom” bill (SB 252), which amends and expands the existing Florida statute Section 381.00316, prohibiting businesses from requiring their customers and patrons to provide documentation of COVID-19 vaccination status. Under the amended law, businesses in Florida will be prohibited from discriminating in any … Continue Reading

Department of Labor Issues Updated FLSA and FMLA Posters

The U.S. Department of Labor (DOL) has released updated posters regarding the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA).  Employers covered by these laws are required to display copies of the posters in a conspicuous place where employees and applicants for employment can see them. The FLSA Minimum Wage … Continue Reading

EEOC Issues Updated “Capstone” Guidance on COVID-19 After Declaration of End of Public Health Emergency

On May 15, 2023, the Equal Employment Opportunity Commission (“EEOC”) released updates to its “technical assistance” on COVID-19-related discrimination concerns in the workplace. The updated guidelines come in response to President Biden recently signing legislation that ended the COVID-19 National Emergency. EEOC Chair Charlotte A. Burrows called this installment of “the capstone to our comprehensive … Continue Reading

UPDATED: New York City Council Approves Ordinance Prohibiting Discrimination Based on a Person’s Height or Weight

***UPDATED: Mayor Adams signed the ordinance into law on May 26, 2023.  The law takes effect on November 22, 2023.*** The New York City Council has approved an ordinance that, if enacted, would amend the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination in employment, housing and access to public accommodation based on … Continue Reading

Employers Face New Reporting Obligations and Other Changes Under New Jersey Unemployment Compensation Law

Effective July 31, 2023, pursuant to amendments signed into law by Governor Phil Murphy, several changes will impact employer compliance with the New Jersey Unemployment Compensation law.  The increased penalties associated with these changes highlights the importance of ensuring compliance. First, there will be new reporting obligations upon the separation of an NJ employee. Existing … Continue Reading

COVID-19 and the Workplace: Where Do We Stand?

As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency.  However, the rollback of COVID-19 workplace requirements was already underway in many state and municipal legislatures, with some requirements having previously been repealed or with others scheduled to (or already having) sunset.  With this transition, employers are … Continue Reading

Florida Poised to Mandate Use of E-Verify for Private Employers

*Update: On May 10, 2023, Governor Ron DeSantis signed SB 1718 into law.* The Florida Legislature has passed a bill that, if enacted, will require private employers with 25 or more employees to use the federal E-Verify system to verify the employment eligibility of newly hired employees beginning July 1, 2023. The bill, SB 1718, … Continue Reading

New York State Releases Updated Model Sexual Harassment Prevention Policy and Training

The New York State Department of Labor (“DOL”) has released its long-awaited updated model sexual harassment prevention policy that addresses issues such as gender identity, remote work, and bystander intervention. As we previously reported, the DOL published proposed changes to the model policy in January of this year, and the updated policy largely mirrors those … Continue Reading

Proposed Legislation Would Require New York State Employers to Report Certain Employee Demographic Data

The New York State Senate has passed a bill that, if enacted, would require certain corporate entities to report data regarding the gender, race, and ethnicity of their employees. On March 27, 2023, an identical version of the bill was introduced in the New York State Assembly.  If enacted, the reporting requirements would take effect … Continue Reading

New York State Legislators Propose “Wrongful Discharge” Law

A trio of New York State Senators has proposed a bill that would create a cause of action for “wrongful discharge.”  If enacted, the “Safeguarding Employees and Accountability for Termination (SEAT) Act” would be codified in a new Article 20-D of the Labor Law and take effect 90 days after being signed into law.  The … Continue Reading

New York Employers Must Make Required Workplace Postings Available Electronically to Employees

Effectively immediately, employers in New York State are required to make digital versions of required federal and state postings available to employees. Specifically, under an amendment to Section 201 of the N.Y. Labor Law, digital versions of “all . . . documents required to be physically posted at a worksite pursuant to state law or federal … Continue Reading
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