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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

The new COVID-19 stimulus package is now law. As discussed herein, it provides some employers an incentive to extend COVID-19 related FFCRA leave benefits through Q1 2021.
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Governor Cuomo has announced new guidelines allowing travelers to New York to sidestep the State’s mandatory 14-day quarantine period by obtaining a series of negative COVID-19 diagnostic test results before and after arriving in New York. Previously, the State mandated a 14-day quarantine for travelers from an evolving list of “high-risk” states that had a high rate of COVID-19 positive testing per capita. Now, the new framework applies to travelers from all states in the U.S. except those that are contiguous with New York (Connecticut, Massachusetts, New Jersey, Pennsylvania, and Vermont), which are already exempt from the 14-day quarantine requirement.

The new protocol became effective Wednesday, November 4, 2020.
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This week, New York State issued guidance and an FAQ document regarding the State’s new paid sick leave law (“NYPSL”). As a reminder, New York State enacted statewide paid sick leave requirements for employers under Section 196-b of the New York Labor Law and they took effect on September 30, 2020. We provided an overview of the new NYPSL requirements for New York State employers in our previous post.
These permanent paid sick leave requirements (which differ from the COVID-19 quarantine leave measures that New York State enacted earlier this year) require New York employers to provide all employees with sick leave (which varies based upon the employer’s size), and grant employees the ability to use accrued sick time starting January 1, 2021.
The new guidance issued by New York State provides some clarity on select NYPSL topics, but leaves a number of questions unresolved. We provide a summary of key new information from the guidance for employers below:
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The New York State Paid Sick Leave Law’s accrual provisions go into effect today, September 30, 2020.  In April, Governor Cuomo signed into law new permanent paid sick leave requirements for all New York State employers (separate from COVID-19 leave which was passed in March and went into effect immediately).  Employees may begin using sick leave for purposes consistent with the law on January 1, 2021.  Although we expect the New York State Department of Labor to issue guidance or regulations on the new law, the agency has not done so to date.  We will continue to monitor for any updates. 

Meanwhile, the New York City Council swiftly passed an updated Sick and Safe Time law to align the City’s law more closely with the New York State sick leave law.  But there are some important differences with the State’s sick leave law.

Our full analysis of New York State’s new paid sick leave law can be found here.  More information on the City’s updated sick leave law, which also went into effect today, is addressed further below. 
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As employees increasingly transition back into the physical workplace, employers have begun to grapple with whether and how to deploy COVID-19 diagnostic testing as a return-to-work solution. Many employers want to avoid extended employee quarantine or isolation requirements that prevent their employees from returning to the office for weeks and disrupt their operations. But is this potential solution legal? And is it effective? Below we discuss practical considerations for employers considering a return to work COVID-19 testing strategy.
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A New York State Trial Court judge recently ruled that an agreement between a company and an employee to arbitrate sexual harassment claims was unenforceable due to 2018 amendments to New York State’s Human Rights Law, which prohibit such arrangements. The decision creates a split in authority, as a 2019 decision by a judge in the Southern District of New York – a federal court – upheld the enforceability of such arbitration agreements, ruling that the Federal Arbitration Act (“FAA”) preempts the New York statutory prohibition. This decision also now creates some uncertainty around the viability of arbitration agreements in New York where employees agree to arbitrate discrimination claims. We summarize the decision below.
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In a landmark opinion, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects gay, lesbian, and transgender employees from employment discrimination. The Court’s holding will have major implications for employers and LGBTQ employees in dozens of states where state and/or local law did not already prohibit discrimination on the basis of sexual orientation or transgender status.
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New York State has issued industry-specific interim guidance for “Phase 2” businesses, which includes a number of “minimum requirements” certain businesses must meet before reopening their workplaces in light of COVID-19. The new Phase 2 guidance provides specific guidelines relating to office-based jobs (excluding medical offices); real estate services; select in-store retail; commercial building management; retail rental, repair and cleaning services; and vehicle sales, leases and rentals.  Importantly, this new guidance applies to “non-essential” businesses in these industries where regions are permitted to reopen, as well as “essential” businesses throughout the state that were previously permitted to remain open.  As various regions begin progressing through the reopening phases under the New York Forward initiative, businesses should become thoroughly familiar with these new obligations and begin taking steps toward achieving compliance.
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This week, the Centers for Disease Control and Prevention (the “CDC”) released interim guidelines addressing COVID-19 antibody testing. The CDC expressed concerns about the current accuracy of antibody testing and advised businesses against using the results of antibody testing (also known as serologic testing) to make any decisions about returning workers to the workplace.
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As management and human resources professionals are well aware, COVID-19 has drastically and rapidly impacted the workplace. Among other things, employees require more flexibility, employers are increasingly reliant upon remote work arrangements, and legislative and administrative responses to the pandemic from various levels of government have created new requirements for businesses, including new leave entitlements for employees. In Part Nine of our Roadmap Series, we explore key considerations surrounding leave management and compliance as employees and businesses navigate this new terrain.
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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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