Photo of 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.

New York State employers are reminded that, under an expansion of the law that took effect in late 2023, they are required to provide all separating employees with an updated Record of Employment (Form IA 12.3) for purposes of state Unemployment Insurance benefits.

Specifically, NY employers are required to provide the updated form to all

On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted different standards, with the Eleventh Circuit decision only further deepening the circuit split on the topic.

Background

In Lapham v. Walgreen Co.,

Beginning in July 2024, New York City employers will be required to distribute information regarding a “workers’ bill of rights” that will be created via collaboration across a number of City agencies.

The NYC Council approved a bill (which was returned unsigned by the Mayor, resulting in the bill automatically becoming law) that will require

Effective November 26, 2023, the New York City Human Rights Law (“NYCHRL”) is amended to extend anti-discrimination protection based on height and weight.

As previously reported, the amendment prohibits discrimination in employment, housing and access based on an individual’s height or weight. For employers covered by the NYCHRL, the law now prohibits, among other

New York Governor Kathy Hochul has recently signed into law a bill that impacts settlement agreements entered into by employers and employees that resolve claims of harassment, discrimination and retaliation.  The recent amendment prohibits any settlement or other resolution of a claim involving sexual harassment or any other form of unlawful discrimination or harassment from