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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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was already underway in many state and municipal legislatures, with some requirements having previously been repealed or with others scheduled to (or already having) sunset.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
*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
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
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
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
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
On February 7, 2023, Bill No. A03726 was introduced before the New York State Assembly which, if passed, would prohibit employers from inquiring about or making statements regarding “the arrest record or conviction record of any person who is in the process of applying for employment or interviewing for employment with such employer.” This proposed … Continue Reading
In this episode of The Proskauer Brief, partners Evandro Gigante, Allan Bloom and special employment law counsel Laura Fant discuss the New York City Council’s recently proposed amendments to the city’s pay transparency law. Presently, an employer is only required to include the “base annual or hourly wage or rate of pay” and not other forms of compensation or … Continue Reading
***UPDATE: Governor Hochul signed the amendments into law on March 3, 2023.*** The New York State Legislature has approved chapter amendments to New York State’s pay transparency law, which is slated to take effect on September 17, 2023. The most notable revision would provide that the law applies to remote positions physically performed outside of … Continue Reading
The New York State legislature is considering a bill (A.3737/S.4259) that would expand the covered reasons for leave under the New York Paid Family Leave Law (“NYPFLL”) to include fetal and infant bereavement. Currently, the NYPFLL provides eligible New York employees with up to 12 weeks of partially paid leave in a rolling 12-month period … Continue Reading
***UPDATE: 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. As such, the law will take full effect on August 5, 2023. New Jersey has launched a website to provide … Continue Reading
The New York Department of Labor has issued a required posting regarding benefits and services available to military veterans in accordance with S.1961B/A3913. The law, which took effect on January 1, 2023 and amends the NY Labor Law, requires New York employers with more than 50 full-time equivalent employees to display the poster “in a … Continue Reading
A proposed ordinance has been introduced before the New York City Council to significantly expand the existing NYC pay transparency law. As we have previously reported, the current law requires most New York City employers to disclose the minimum and maximum salary or hourly wage for open roles in postings for job, promotions or transfer … Continue Reading
Key Takeaways Individuals with a variety of hearing conditions may have disabilities covered by the ADA. Pre-job offer disability-related questions can violate the ADA, but certain questions regarding the ability of a candidate to perform the essential functions of the role may be permissible. Employers have a duty to provide accommodations for job applicants and … Continue Reading
On January 12, 2023 the New York State Department of Labor (“DOL”) issued an updated Proposed Sexual Harassment Prevention Model Policy which, among other things, addresses remote work, gender identity and bystander intervention methods. The public has 30 days (until February 11) to comment on the proposed revisions prior to a final version being adopted. … Continue Reading
There is no doubt that 2022 was an eventful year in employment law. In this post, we review some key developments from the prior year that employers should be aware of and hot topics to watch out for as we move forward into 2023. Salary and Pay Transparency The trend of enacting salary and pay … Continue Reading
***UPDATE: On January 10, 2023, New Jersey Governor Phil Murphy signed into law the bill severing the effective date of the NJ WARN Act amendments from EO 103. The NJ WARN Act Amendments will go into effect on April 10, 2023 (ninety days after the Governor signed the Bill).*** Almost three years ago – in … Continue Reading
With the arrival of the new year comes the effective date of many new leave laws (and expansion of existing leave laws) across the United States. Below we summarize family and sick leave laws that will take effect across various states in 2023. California California employers will see two main changes to leave laws in … Continue Reading
Effective December 31, 2022, the Philadelphia, Pennsylvania Employer Commuter Transit Benefit Program requires covered employers to make available for all covered employees a mass transit and bicycle commuter benefits program. For purposes of the law, covered employers are those that employ fifty or more covered employees, which are defined as any person who performs an … Continue Reading
A proposed ordinance has been introduced before the New York City Council to generally prohibit private employers from terminating employees without “just cause” or a “bona fide economic reason.” If enacted, this proposal effectively eliminates the longstanding principle of at-will employment in New York City. The proposed ordinance also would limit the use of electronic … Continue Reading
As we previously reported, as of November 1, 2022, New York City’s salary transparency law requires covered employers who advertise or post a job, promotion, or transfer opportunity for a role that can or will be performed, at least in part, in NYC to disclose in such advertisement of posting the minimum and maximum annual … Continue Reading
New York Governor Kathy Hochul signed into law an amendment to the NY State Labor Law that will expand workplace protections for nursing employees, effective June 7, 2023. The new law builds upon already-existing requirements under the Labor Law to provide reasonable unpaid break time (or permit employees to use paid break time) to express … Continue Reading
A new federal law invalidating pre-dispute arbitration agreements for sexual harassment and sexual assault claims does not apply retroactively, a New Jersey appeals court recently confirmed. In Zuluaga v. Altice USA (N.J. App. Div. Nov. 29, 2022), the plaintiff had signed an arbitration agreement waiving her right to bring employment-related disputes in court when she … Continue Reading
***UPDATE: On December 7, 2022, President Biden signed the Speak Out Act into law. The law takes effect immediately.*** In a bipartisan 315-109 vote, the U.S. House of Representatives has approved a bill that would render pre-dispute nondisclosure and nondisparagement clauses judicially unenforceable with respect to sexual assault or sexual harassment disputes. The bill previously … Continue Reading
COVID-19 and the Workplace: Where Do We Stand?
Florida Poised to Mandate Use of E-Verify for Private Employers
By Evandro Gigante, Jurate Schwartz, Laura Fant and Madonna Snowden on Posted in Hiring/Background Checks, Immigration
New York State Releases Updated Model Sexual Harassment Prevention Policy and Training
Proposed Legislation Would Require New York State Employers to Report Certain Employee Demographic Data
By Allan Bloom, Evandro Gigante, Laura M. Fant and Alisha Bruce on Posted in Workplace Policies and Procedures
New York State Legislators Propose “Wrongful Discharge” Law
By Allan Bloom, Evandro Gigante, Laura Fant and Hannah Morris on Posted in Performance Management, Discipline & Termination
New York Employers Must Make Required Workplace Postings Available Electronically to Employees
By Evandro Gigante and Laura Fant on Posted in Workplace Policies and Procedures
Proposed Legislation Limiting Inquiries into an Applicant’s Criminal History Prior to an Offer of Employment Introduced in the New York State Legislature
By Evandro Gigante, Laura Fant and Margo Richard on Posted in Hiring/Background Checks
[Podcast]: NYC Council Considers Expanding the City’s Pay Transparency Law
By Evandro Gigante, Allan Bloom and Laura M. Fant on Posted in The Proskauer Brief Podcast, Wage and Hour
UPDATED: New York State Enacts Amendments to Pay Transparency Law Taking Effect Later This Year
By Allan Bloom, Evandro Gigante, Laura Fant and Scott Tan on Posted in Hiring/Background Checks, Pay Equity
New York Considering Expanding NY Paid Family Leave Law to Include Fetal and Infant Bereavement Purposes
By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
UPDATED: New Jersey Enacts Temporary Workers’ Bill Of Rights Law
By Evandro Gigante, Laura Fant and Margo Richard on Posted in Hiring/Background Checks, Workplace Policies and Procedures
New York Issues Required Posting Regarding Veteran Benefits and Services
By Evandro Gigante and Laura Fant on Posted in Workplace Policies and Procedures
NYC Council to Consider Expanding the City’s Pay Transparency Law to Mandate Disclosures Regarding Bonuses, Equity and Other “Non-Wage” Compensation
By Allan Bloom, Evandro Gigante, Laura Fant and Hannah Morris on Posted in Hiring/Background Checks
EEOC Releases Updated Guidance on ADA Requirements for Individuals with Hearing Disabilities in the Workplace
By Evandro Gigante, Laura Fant and Alisha Bruce on Posted in Discrimination, Harassment and Retaliation
New York State Releases Proposed Changes to Model Sexual Harassment Prevention Policy
2022 Labor & Employment Year in Review … and Looking Ahead to 2023
New Jersey Employers be Warned: Changes to New Jersey WARN Likely on the Horizon
By Evandro Gigante, Noa Baddish and Abigail Rosenblum on Posted in Workplace Restructuring and WARN
Employers, Are Your Leave Policies Ready to Ring in 2023?
Philadelphia Commuter Transit Benefits Coming Soon
By Evandro Gigante, Arielle E. Kobetz and Jennifer McGrew on Posted in Workplace Policies and Procedures
NYC Council Considering Proposal To Significantly Limit At-Will Employment and Electronic Monitoring of Employees
By Evandro Gigante, Joseph O’Keefe, Laura Fant and Hannah Morris on Posted in Performance Management, Discipline & Termination
Looking Ahead to 2023: Pay Transparency Developments
New York State Expands Workplace Protections for Nursing Employees
By Evandro Gigante, Laura M. Fant and Arielle E. Kobetz on Posted in Workplace Policies and Procedures
Federal Law Prohibiting Pre-Dispute Arbitration of Sexual Harassment and Sexual Assault Claims Not Retroactive, New Jersey Court Confirms
By Evandro Gigante, Laura Fant and Dixie Morrison on Posted in Arbitration
UPDATED: President Biden Signs Bill Limiting Pre-dispute Nondisclosure Agreements in Sexual Harassment and Assault Disputes
By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
