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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DOL Issues Corrections to FFCRA Regulations – What Employers Need to Know

On April 10, 2020, the Department of Labor (“DOL”) released corrections to the regulations implementing the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act (“EPSLA”) provisions of the Families First Coronavirus Response Act (“FFCRA”). We have written in detail about the DOL’s FFCRA regulations in a recently-updated post … Continue Reading

U.S. DOL Issues Additional Guidance on CARES Act Unemployment Programs

The U.S. Department of Labor (DOL) recently published two additional Unemployment Insurance Program Letters (UIPLs) providing guidance on the administration of the expanded unemployment insurance benefits under the CARES Act. The following summarizes the key points of these UIPLs. UIPL No. 15-20 addresses the Federal Pandemic Unemployment Compensation (FPUC) provision of the CARES Act, under … Continue Reading

CARES Act Expands Unemployment Insurance Benefits

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law on March 27, 2020. The $2.2 trillion package included various provisions increasing and expanding unemployment insurance benefits available to workers, including individuals who are unemployed, partially unemployed, or unable to work due to COVID-19. How does the CARES Act increase … Continue Reading

DOL Releases FFCRA Regulations and Even More Informal Guidance – What Employers Need To Know

***Updated on April 13, 2020*** On April 1, 2020, the U.S. Department of Labor (“DOL”) posted a “temporary rule” issuing regulations, to implement the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act (“EPSLA”) provisions of the Families First Coronavirus Response Act (“FFCRA”). The regulations clarify, expand and build … Continue Reading

DOL Provides Additional Critical Guidance on the Federal Family First Coronavirus Response Act

*** Last updated March 28, 2020 *** The recently-passed Family First Coronavirus Response Act (FFCRA), which provides paid sick leave and emergency family leave, has raised many questions for employers. The US Department of Labor (DOL) has attempted to answer some of these questions by posting guidance for employers and employees on its website. Since … Continue Reading

Federal Coronavirus Aid, Relief and Economic Security (CARES) Act Signed into Law

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”). The CARES Act is a $2.2 trillion stimulus package aimed at offering economic relief to individuals, businesses, industries, and state and local governments during the Coronavirus pandemic. The following is a summary of the key … Continue Reading

New York State Issues Guidance on COVID-19 Quarantine Leave Law

***Updated April 16, 2020*** On March 25, 2020, New York State published Frequently Asked Questions and other guidance regarding the state’s recently enacted Covid-19 Paid Sick Leave Law and expansions to New York’s Paid Family Leave Law (PFL) and Disability Benefit Law. This bill was signed into law on March 18 and became effective immediately … Continue Reading

U.S. Department of Labor Releases Model Notice Required by the Federal Family First Coronavirus Response Act

On March 25, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) released the model notice that covered employers must post regarding the Families First Coronavirus Response Act (“FFCRA”), along with Frequently Asked Questions regarding the notice requirements. You can read more about the recently enacted FFCRA here, as well as the WHD’s … Continue Reading

U.S. Department of Labor Releases Initial Guidance on the Federal Family First Coronavirus Response Act

*** Please note that the Department of Labor is updating (and in some cases revising) its initial guidance on a rolling basis, so be sure to click on the Questions and Answers link for the most current version. A blog post on the most recent updates to the guidance can be found here. *** On … Continue Reading

Massachusetts Orders All Non-Essential Workers to Stay Home

UPDATE:  Governor Baker announced that Massachusetts’ order closing non-essential businesses and the Commonwealth’s stay at home advisory will remain in effect until May 18, 2020. *  *  * Beginning Tuesday, March 24, 2020 at 12:00 PM, Massachusetts will join a growing number of states in closing non-essential businesses and organizations to employees, customers, and the … Continue Reading

New York State Mandates That Non-Essential Workers Must Stay Home

*** IMPORTANT NOTE: On April 9, 2020, the State of New York released updated guidance that modifies some of the content discussed below.  Read more on our updated blog post here. *** Beginning Sunday, March 22, 2020, in accordance with Executive Order 202.8 issued by Governor Andrew Cuomo, only essential businesses and not-for-profit entities in … Continue Reading

Federal Family First Coronavirus Response Act Signed Into Law

*** UPDATE: The Department of Labor has issued guidance stating that the law will take effect on April 1, 2020.  More information on the guidance can be found on our blog post here.*** On March 18, 2020, President Trump signed into the law the Family First Coronavirus Response Act (the “Family First Act” or the … Continue Reading

New York State Enacts Coronavirus Response Bill Including Paid Sick Time and Other Statutory Benefits

*** New York State has issued additional guidance on the statewide Coronavirus leave law.  More information about this guidance can be found on our blog post here. *** On March 18, 2020, New York Governor Andrew Cuomo signed into law a statewide Coronavirus response bill that immediately provides employees with sick leave and job protection in … Continue Reading

Family First Coronavirus Response Act: What Employers Need to Know

*** IMPORTANT NOTE: On March 18, 2020, President Trump signed an amended version of the Family First Coronavirus Response Act into law that modifies some of the provisions discussed below.  Read more on our updated blog post here. ***   On March 14, 2020, the U.S. House of Representatives overwhelmingly passed H.R. 6201, also known … Continue Reading

Coronavirus Concerns Grow As World Health Organization Declares Pandemic

**Updated March 12, 2020** Declaration of Coronavirus Pandemic by the World Health Organization On March 11, 2020, the World Health Organization (WHO) declared a global pandemic regarding the 2019 Novel Coronavirus (also referred to as COVID-19, but more commonly known simply as the “Coronavirus”), which has spread to over 100 countries and territories.  The WHO … Continue Reading

Coronavirus Concerns Continue as CDC Issues Additional Travel Notices

As employers are likely aware, cases of the 2019 Novel Coronavirus (also referred to as COVID-19, but more commonly known simply as the “Coronavirus”) continue to spread. While the U.S. Centers for Disease Control and Prevention (CDC) continues to maintain that the risk to the general U.S. population presently remains low, the CDC is now … Continue Reading

New Jersey to Consider Mandatory Anti-Harassment Training and Other Significant Expansions of the NJ Law Against Discrimination

New Jersey Governor Phil Murphy has unveiled a sweeping legislative proposal regarding harassment in the workplace, as well as in housing, public accommodations, and business relationships. The proposal would amend the NJ Law Against Discrimination (“NJLAD”) in numerous significant ways. The proposed legislation to a large extent mirrors that which has been introduced in several … Continue Reading

CDC Releases Guidance for Employers Regarding the Coronavirus

As the recent Coronavirus outbreak continues, the Centers for Disease Control and Prevention (CDC) has released guidance specifically for employers, outlining recommendations and best practices to protect their workplaces. As we previously addressed in detail in our prior blog on Coronavirus and the Workplace, employers may face a number of issues related to the Coronavirus … Continue Reading

Coronavirus and the Workplace: What Employers Need To Know

*** Last Updated: March 13, 2020 *** News that cases of the newly-identified 2019 Novel Coronavirus (also referred to as COVID-19, 2019-nCoV, or SARS-CoV-2, but more commonly known simply as the “Coronavirus”) continue to spread has prompted employers to think about employee safety and ways to address prevention in the workplace, as well as planning … Continue Reading

Mandatory Severance Pay for Mass Layoffs Looms in New Jersey

UPDATE – on January 21, 2020, Governor Phil Murphy signed the bill into law.  It will take effect in 180 days (i.e., on July 19, 2020). The New Jersey Senate has passed a bill (S.3170) that would amend the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act, more commonly referred to as the … Continue Reading

New York State Department of Labor Publishes Guidance on Salary History Inquiry Law

The New York State Department of Labor (NYSDOL) has published guidance on the state’s salary history inquiry law, which went into effect on January 6, 2020. As we previously reported, the law prohibits employers from: Relying on the wage or salary history of an applicant in determining whether to offer employment to such individual or … Continue Reading

New York City Extends Human Rights Law Protections and Training Requirements to Freelancers and Independent Contractors

Effective January 11, 2020, the New York City Human Rights Law (“NYCHRL”) has been amended to expand protections under the law to freelancers and independent contractors.  Significantly, this includes the requirement that certain contractors now complete annual sexual harassment prevention training in the same manner as covered employees.  Contractors also are now eligible for reasonable … Continue Reading

[Podcast]: Reductions in Force

In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss considerations and best practices associated with reductions in force.  Companies that make a business decision to reduce its staffing should consider what goals they are looking to achieve. Is it cost reduction or a consolidation of positions?  Or is it to weed out lower performing employees?  … Continue Reading

The Employment Law Landscape in 2020

2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments employers should be on the lookout for in the new year. Sexual Harassment and Discrimination Laws On … Continue Reading
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