Evan is an employment counselor and litigator who helps guide clients on a wide range of issues from pre-litigation dispute resolution, through discovery, dispositive motions, and appeals. Evan routinely advises and assists clients on a range of employment issues, including claims of discrimination, harassment, retaliation, and sexual harassment, as well as claims involving trade secrets and restrictive covenants and wage and hour disputes. Evan also counsels on a multitude of issues, including compliance with federal, state, and local employment laws, as well as drafting and negotiating employment agreements.
Evan maintains an active pro bono practice, assisting non-profit clients with employment issues and drafting and filing amicus briefs on behalf of clients for a wide range of issues. Most recently, Evan was a part of a Mintz team that filed an amicus brief urging the U.S. Supreme Court to protect access to emergency care for pregnant women under the federal Emergency Medical Treatment and Labor Act in the consolidated cases Idaho v. United States and Moyle v. United States.
Evan is an active contributor to the practice’s renowned blog on topics related to artificial intelligence, non-competes and other restrictive covenants, the evolution of and best practices in managing discrimination and harassment issues, and more. In May 2024, Evan presented in a webinar focused on AI in the workplace, providing a deep dive into AI’s impact on today’s employment landscape.
viewpoints
Federal Court Strikes Down the U.S. Department of Labor’s Overtime Rule
November 18, 2024 | | By Corbin Carter, Evan Piercey, Michael Arnold
A federal judge in Texas has vacated the U.S. Department of Labor’s final rule increasing the salary thresholds for the “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA) and did so on a nationwide basis. In a sweeping 62-page decision, U.S. District Judge Sean D. Jordan of the Eastern District of Texas declared that the DOL exceeded its rulemaking authority by attempting to raise the minimum salary for the executive, administrative, or professional (EAP) and highly compensated employee (HCE) exemptions under the FLSA.
Sixth Circuit Explicitly Sidesteps the NLRB’s McLaren Macomb Decision
September 24, 2024 | Blog | By Delaney Busch, Evan Piercey, Michael Arnold
The Sixth Circuit Court of Appeals recently declined to comment on the National Labor Relations Board’s (the “Board”) McLaren Macomb decision which took aim at overbroad non-disparagement and non-disclosure agreements.
New York State Now Requires Paid Lactation Breaks
June 28, 2024 | Blog | By Talia Weseley, Evan Piercey
AI in the Workplace: Navigating Compliance Considerations and Planning for the Future
May 24, 2024 | Video | By Michelle Capezza, Corbin Carter, Evan Piercey
DOL Releases Final Rule Substantially Increasing Minimum Salary Thresholds for Most Exempt Employees
April 25, 2024 | Blog | By Andrew Matzkin, Evan Piercey
New York Court Puts Breaks on Manual Worker Weekly Wage Payment Claims
January 23, 2024 | Blog | By Evan Piercey, Michael Arnold
New York Governor Vetoes Non-Compete Ban
December 23, 2023 | Blog | By Michael Arnold, Andrew Bernstein, Corbin Carter, Evan Piercey
2023 New York Employment Law Roundup
December 14, 2023 | Blog | By Michael Arnold, Corbin Carter, Evan Piercey, Talia Weseley
New York State Enacts Changes to Employment-Related Confidentiality Provisions
December 14, 2023 | Blog | By Michael Arnold, Corbin Carter, Evan Piercey, Talia Weseley
Workplace Implications of President Biden’s Executive Order Addressing Artificial Intelligence — AI: The Washington Report
December 8, 2023 | Article | By Michelle Capezza, Evan Piercey
Read about workplace implications of president biden’s executive order addressing artificial intelligence in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.
News & Press
Mintz recently filed an amicus brief urging the US Supreme Court to protect access to emergency care for pregnant women under the federal Emergency Medical Treatment and Labor Act (EMTALA) in the consolidated cases Idaho v. United States and Moyle v. United States that the Court will hear on April 24th.
Appellate Split Muddies Path For NY Pay Frequency Suits
February 26, 2024
Associate Evan Piercey recently spoke to Law360 about the challenges facing federal courts in New York due to conflicting decisions from state appeals courts regarding the enforcement of weekly pay requirements.
New York Governor Voices Concerns About Proposed Noncompete Ban
December 5, 2023
Legal Dive quoted a recent article written by Mintz attorneys Michael Arnold, Andrew Bernstein, Corbin Carter, and Evan Piercey in a story discussing New York Gov. Kathy Hochul’s concerns surrounding a proposed noncompete ban.
Keeping Tabs On Fight Over Board Diversity Rule At 5th Circ.
November 8, 2023
ESG Co-chair Jen Rubin, and Associates Danielle Dillon and Evan Piercey co-authored an article in Law360 on the US Court of Appeals for the Fifth Circuit's rejection of a challenge to Nasdaq's diversity rule.
Unanswered Questions In The Wake Of New York’s Proposed Non-Compete Ban: Where Does The Bill Leave Employers?
August 14, 2023
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.
The Future Of AI: Will It Change Life In NYC For Better Or Worse?
February 13, 2023
Associate Evan Piercey was interviewed by New York City local news station PIX11 on the use of AI in the workplace and the ways in which New York City is attempting to control the evolving technology through the implementation of Local Law 144, which will regulate the use of AI tools.
NYC’s New AI Hiring Law Won’t Be Enforced Until April
January 13, 2023
NYC Local Law 144 And The New Frontier Of Algorithmic Decision-Making In The Workplace: What Employers Need To Know As They Prepare For 2023 And Beyond
December 12, 2022
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).
Events & Speaking
Publications
Co-author, "Contract Corner," The Licensing Journal (November-December 2023).
Read less