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Evan M. Piercey

Associate

[email protected]

+1.212.692.6723

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Evan litigates a wide array of employment disputes before state and federal courts as well as administrative agencies. Evan has experience handling matters at all phases of the litigation process and also assists clients in resolving their disputes through mediation and settlement.

Evan’s practice also includes advising clients on a range of issues, including compliance with federal, state, and local employment laws as well as drafting and negotiating employment agreements.

Prior to joining Mintz, Evan was an associate at an Albany, New York-based law firm, where he represented and counseled clients in labor and employment matters. Evan began his legal career as an Assistant Corporation Counsel in the Labor and Employment division at the New York City Law Department, Office of the Corporation Counsel, where he represented the City of New York in a broad spectrum of labor and employment disputes. Earlier in his career, Evan also served as a law clerk to the Honorable Judith C. McCarthy in the Southern District of New York.

In law school, Evan was a member of the Brendan Moore Trial Advocacy team, where he competed in interschool competitions and served as the business editor on the executive board for the 2014-2015 school year.

viewpoints

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.  

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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.  

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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.

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News & Press

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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.

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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.

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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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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.

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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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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.

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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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Publications

Co-author, "Contract Corner," The Licensing Journal (November-December 2023).

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