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Corbin Carter

(he/him/his)

Associate

[email protected]

+1.212.692.6244

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Corbin Carter is a solution-oriented employment counselor and litigator who guides clients through all aspects of the employment lifecycle. Corbin advises businesses across a wide range of industries, including financial services, technology, life sciences, healthcare, and real estate, with clients ranging from startups to established multinational companies.  Corbin’s practice covers everything from offering day-to-day employment advice to leading the management-side defense and prosecution of various employment-related claims at the trial and appellate level. In each situation, Corbin strives to understand his clients’ business needs and presents tailored, practical solutions. Chambers USA recognizes Corbin as having “a great knowledge of the law and superior analytic and communication skills."

Corbin works closely with executives, senior managers, and Human Resources professionals, counseling on myriad issues such as discrimination, harassment and retaliation, wage and hour, leaves and accommodations, performance management, hiring and retention, restrictive covenant issues, and other employment-related matters. As part of his practice, Corbin frequently drafts and revises employment policies and agreements to ensure multi-jurisdictional compliance and industry best practices, conducts workplace professionalism trainings for managers and employees, advises business clients on risk mitigation strategies, and serves as an employment specialist during corporate transactions. Corbin has also conducted numerous sensitive workplace investigations, including into allegations of sexual harassment and other complaints of workplace wrongdoing.

At Mintz, Corbin serves on the Steering Committee for Mintz Pride, a group dedicated to supporting LGBTQ attorneys and staff at the Firm and advocating for LGBTQ visibility and equality. Corbin also sits on the Firm’s Associate Committee, which acts as a liaison between Firm leadership and Associates. Corbin frequently writes and speaks on relevant employment law topics, and has served as the Associate Editor of Mintz’s award-winning employment blog.

Prior to joining Mintz, Corbin gained extensive experience as an Assistant Corporation Counsel within the New York City Law Department’s Labor and Employment Law Division, where he served as lead counsel for the City of New York, its agencies, and its management employees in a wide variety of employment-related litigation matters before federal and state courts.  In that role, Corbin successfully briefed and argued dozens of dispositive motions and negotiated numerous favorable resolutions in cases involving claims under Title VII, the ADA, the ADEA, the FLSA, the FMLA, the First Amendment, the New York Labor Law, the NYS and NYC Human Rights Laws, various other federal, state, and local statutes, and common law claims.

Corbin’s additional legal experience includes fellowships and internships with the Office of Legal Counsel at the Equal Employment Opportunity Commission, the Boston Regional Solicitor’s Office of the U.S. Department of Labor, and the Massachusetts Office of the Inspector General. In law school, Corbin served as managing editor of the American Journal of Law & Medicine, as a director of the J. Newton Esdaile Appellate Moot Court Program, and as co-president of the Public Interest Project.

viewpoints

It’s been a busy month (year?) for New York employers – one that has brought several important updates with respect to employers’ reopening plans. On the heels of the State’s May 19th adoption of the recent CDC guidance outlining increased privileges for fully vaccinated individuals, New York State updated its NY Forward COVID-19 reopening guidance on June 8, 2021, including its guidance geared toward office environments. As a reminder, New York businesses opting to reopen during the COVID-19 pandemic must do so consistent with the State’s industry-specific reopening guidelines, found here; affirm their compliance with same prior to reestablishing in-person operations; and implement a written safety plan governing its workplace safety protocols.
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The New York State Legislature recently passed the Health and Essential Rights Act (the “HERO Act”), which has been delivered to Governor Cuomo for his signature. The legislation seeks to address continued COVID-19 safety concerns in the workplace and is designed to codify, supplement, and replace numerous executive actions that have been issued throughout the pandemic. The HERO Act would also pass into law significant new health and safety obligations for New York employers, including the formation of joint labor-management workplace safety committees to help ensure worker safety. Employers should prepare now to come into compliance with the new law, which we summarize below.
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On May 13, 2021, the Centers for Disease Control and Prevention (the “CDC”) published guidance indicating that fully vaccinated individuals do not need to wear a mask or physically distance in certain indoor and outdoor environments, except where otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance. The guidance does not apply to healthcare settings and certain other environments.
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New York’s off duty conduct law will now explicitly apply to an employee’s off-duty use of cannabis. The change in law came as a result of the recent passage of “The Marijuana Regulation and Taxation Act,” which generally legalized the sale and use of cannabis for individuals 21 and over, and presents real compliance challenges for employers, which we discuss further below.
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The Department of Labor has issued model notices regarding COBRA premium assistance (a/k/a COBRA subsidies). As we wrote about here, as part of the American Rescue Plan Act of 2021, Congress sought to enable qualifying individuals – known under the law as “Assistance Eligible Individuals” – to continue their healthcare coverage by subsidizing their COBRA premium payments for the period between April 1 and September 30, 2021. We discuss these notice requirements and related issues below.
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As we enter the second year of the COVID-19 pandemic, New York employers must now grapple with another new paid leave requirement from New York State.  A new law signed by Governor Cuomo on March 12, 2021 amends New York’s Labor Law and entitles employees up to four hours of paid leave per COVID-19 vaccine injection.  The law is effective immediately, and the law’s leave entitlement is set to expire on December 31, 2022. We note key provisions of the new law below.
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Mintz’s Annual Employment Law Summit brought together thought leaders to discuss the most pressing issues employers are facing in today’s unprecedented work environment. Attendees heard presentations on the continued impact of COVID-19; social justice and diversity, equity and inclusion initiatives; recent and anticipated changes to employment laws; and best practices for managing sensitive employee situations.
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As COVID-19 vaccines become more available, employment-based programs requiring or incentivizing employee vaccination will become more commonplace. In a previous post, we covered recent employer guidance from the CDC, with a particular focus on mandatory workplace testing programs. This post examines how an employer might design a voluntary workplace vaccination program using incentives to encourage participation, and how to avoid potential pitfalls in doing so.
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The New York State’s Department of Labor recently issued new Quarantine Leave guidance for 2021 – guidance that is certainly controversial in that it seemingly goes beyond the statutory text of the NY COVID-19 Quarantine Leave Law to create expansive new employer mandates. We previously wrote about New York’s COVID-19 leave requirements here and here. While the new guidance seems ripe for legal challenge, it nonetheless reflects the new position of the NYSDOL. Employers should review this new guidance – keeping in mind its informal, non-binding nature – as the pandemic continues to affect leave decision-making.
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The New York City Council has expanded NYC’s Fair Chance Act to further restrict NYC employers from taking adverse actions against applicants or employees based on their criminal history.  The law will go into effect on or about July 28, 2021.  We highlight the changes in the law and action items below.

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News & Press

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Legal Dive quoted a recent article written by Mintz attorneys Michael ArnoldAndrew BernsteinCorbin Carter, and Evan Piercey in a story discussing New York Gov. Kathy Hochul’s concerns surrounding a proposed noncompete ban.

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NEW YORK – Mintz is pleased to announce that 18 attorneys have been named New York Metro Super Lawyers and 11 attorneys have been named New York Metro Rising Stars by Super Lawyers for 2023.

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Member Andrew Bernstein and Associates Corbin Carter and Evan Piercey co-authored an article published by the New York Law Journal summarizing the proposed New York legislation on non-competes.

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BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.

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Bloomberg Law quoted Associate Corbin Carter on the planned revisions for New York's salary disclosure law, which will bring more clarity around the law's impact on ads for remote positions where the line manager is based in New York.

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Mintz Of Counsel Michelle Capezza and Associates Evan Piercey and Corbin Carter co-authored an article published in the New York Law Journal which analyzes NYC Local Law 144, its impact on employers in New York City and their use of automated employment decision tools (AEDTs).

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Mintz's Corbin Carter spoke to SHRM regarding the estimation that a third of businesses still require employees to receive COVID-19 vaccinations.

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Mintz's Corbin Carter spoke to Law360 about a new set of rules in New York around the use of automated programs in recruiting and hiring.

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17 Mintz attorneys have been named New York Metro Super Lawyers and nine Mintz attorneys have been named New York Metro Rising Stars by Super Lawyers for 2022.

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Mintz Associate Corbin Carter was quoted in an article published by the Society for Human Resource Management’s HR Magazine addressing whether employers should keep preparing to comply with the Biden administration’s COVID-19 vaccine-or-testing directive while implementation is suspended as legal challenges play out.
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Mintz attorney Corbin Carter was quoted extensively in an article published by SHRM’s HR Magazine that examined the risks employers may face when enforcing no-mask mandates in the workplace, including health risks, legal risks, and employee relations concerns.
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Mintz Member Katharine Beattie and Associate Corbin Carter were quoted extensively in an article published by EHS Today on legal considerations, best practices, and suggested policies for employers permitting telework to reduce the spread of the new coronavirus (COVID-19).
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Recognition & Awards

  • Chambers USA: New York Labor & Employment, Associates to Watch (2021-2024)

  • New York Super Lawyers Rising Stars: Employment Litigation (2022 - 2023)

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Involvement

  • Board of Directors, University of Oklahoma LGBT Alumni Society
  • Member, The National LGBTQ+ Bar Association
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