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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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

Florida Issues Emergency Rule and Additional Guidance Regarding Vaccine Mandate Exemption Law

The Florida Department of Legal Affairs has issued an emergency rule and other additional guidance regarding the recently enacted House Bill HB-1B, which, among other things, requires private employers who mandate COVID-19 vaccination in the workplace to recognize additional exemptions from such vaccine requirements beyond what is required under federal law.  The law, which applies … Continue Reading

[Podcast]: A COVID-19 Employment Law Update

In this episode of The Proskauer Brief, partners Evandro Gigante and Steve Hurd discuss key developments regarding the COVID-19 pandemic, including employer vaccination policies, the forthcoming OSHA emergency temporary standard and the New York State HERO Act. So be sure to tune in as we explore the latest trends we are seeing in terms of employer-imposed vaccine mandates.  … Continue Reading

New York State Enacts Phone, Email, and Internet Monitoring Notice Law for Private Employers

New York Governor Kathy Hochul has signed into law a bill that will require employers to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage. The law, which takes effect on May 7, 2022, will require all private employers, regardless of size, with a place of business in New … Continue Reading

OSHA Releases Emergency Temporary Standard Requiring Mandatory Vaccination or Weekly Testing for Employers with 100 or More Employees

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 Paid Family Leave Law Amended to Allow Leave to Care for Siblings

New York Governor Kathy Hochul signed into law an amendment to the New York Paid Family Leave Law (NYPFLL), which will allow employees to take leave to care for siblings with a serious health condition. In effect since 2018, the NYPFLL provides a phased-in system of paid, job protected leave for eligible employees: (i) to … Continue Reading

Designation of COVID-19 Under New York HERO Act Extended Once Again

***UPDATE: On February 15, 2022, the New York State Commissioner of Health continued the designation of COVID-19 as a “highly contagious communicable disease” pursuant to the HERO Act until March 17, 2022. According to the designation, on  March 17, the Commissioner “will review the level of transmission of COVID-19 in New York State and determine … Continue Reading

EEOC Issues Additional Guidance on Religious Objections to COVID-19 Vaccine Mandates

On October 25, the EEOC issued updated and expanded guidance regarding the obligations of employers under Title VII of the Civil Rights Act of 1964 (“Title VII”) when an employee presents with a religious objection to a mandatory COVID-19 vaccination policy. The guidance builds upon prior EEOC guidance regarding COVID-19 vaccinations in the employment context. … Continue Reading

Texas Governor Issues Executive Order Aimed at Prohibiting Vaccine Mandates for Private Employers

Texas Governor Greg Abbott has issued an Executive Order (GA-40) prohibiting the enforcement of COVID-19 vaccine mandates in Texas against employees and customers of private businesses who object on certain bases, including “personal conscience.” Effective immediately, GA-40 states: “No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee … Continue Reading

New York State Issues Updated Guidance On HERO Act

On September 30, 2021, the New York State Department of Labor (“NYSDOL”) released an updated set of frequently asked questions on the HERO Act. As we previously reported, the HERO Act requires all employers in New York to implement certain safety standards and adopt a prevention plan to protect against the spread of airborne infectious … Continue Reading

New York State Issues Updated Model Workplace Safety Plans and FAQ Guidance Under the HERO Act

***UPDATE: On September 30, 2021, the New York State Department of Labor released updated FAQs regarding the HERO Act. Our blog post on this development is available here.*** On September 23, 2021, New York State issued updated model airborne infectious disease exposure prevention plans for employer use pursuant to the HERO Act. As we previously … Continue Reading

OSHA To Issue Emergency Temporary Standard Requiring Large Employers to Mandate Vaccination or Weekly Testing for Employees

On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require unvaccinated workers to provide a negative COVID-19 test result at least … Continue Reading

COVID-19 Designated as an Airborne Infectious Disease under New York State’s HERO Act

***UPDATE: On February 15, 2022, the New York State Commissioner of Health continued the designation of COVID-19 as a “highly contagious communicable disease” pursuant to the HERO Act until March 17, 2022. According to the designation, on March 17, the Commissioner “will review the level of transmission of COVID-19 in New York State and determine … Continue Reading

New York State Announces COVID-19 Vaccination Mandate for Healthcare Workers

***UPDATE: On September 14, 2021, a New York district court issued an order temporarily blocking New York State from enforcing the COVID-19 vaccine mandate “to the extent it categorically requires health care employers to deny or revoke religious exemptions from COVID-19 vaccination mandates.”  The temporary restraining order is currently in effect through October 12, 2021.  … Continue Reading

Additional Guidance Issued on NYC COVID-19 Vaccination Mandate for Workers and Patrons of Indoor Dining, Fitness and Entertainment Venues

***UPDATE – On December 6, 2021, Mayor de Blasio announced a further expansion of the Key to NYC requirements.  Read more about the expanded requirements here.*** As we previously reported, New York City is now mandating COVID-19 vaccination for workers and patrons of indoor dining, indoor fitness, and indoor entertainment venues and performances.  Mayor Bill … Continue Reading

OSHA Issues Updated Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

The Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. The updated guidance largely aligns with the latest information from the Centers for Disease and Prevention regarding protecting workers who are unvaccinated or otherwise at-risk from COVID-19. OSHA’s guidance recommends that … Continue Reading

NYC Commission on Human Rights Issues Updated Enforcement Guidance on Consideration of Criminal History in Hiring and Employment

The New York City Commission on Human Rights (the “Commission”) has issued updated legal enforcement guidance on the NYC Fair Chance Act (“FCA”) and employers’ consideration of criminal history in hiring and during employment. The updated guidance, which does not have the force of law but which provides significant insight into the Commission’s interpretation of … Continue Reading

New York City to Mandate COVID-19 Vaccination for Workers and Patrons of Indoor Dining, Fitness and Entertainment Venues

UPDATE: An Executive Order and additional guidance on this mandate has been released by the City of New York.  More information can be found in our post 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 vaccination for workers and … Continue Reading

DOJ Memo: The Food, Drug, and Cosmetic Act Does Not Prohibit Entities from Requiring Vaccines Subject to an EUA

In a memo dated July 6, 2021, the DOJ’s Office of Legal Counsel concluded that the COVID-19 vaccines’ status as products authorized for emergency use does not prohibit public and private entities from requiring them as a condition of employment, education, or receipt of services. This memo comes on the heels of a recent decision … Continue Reading
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