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Evan M. Piercey

Associate

[email protected]

+1.212.692.6723

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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

On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended.  The New York State Department of Labor (“NYSDOL”) declined to extend this designation.  The most immediate effect of this designation ending is that the activation of workplace exposure prevention plans mandated under the HERO Act is over.

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Read Mintz’s comprehensive analysis of OSHA’s Emergency Temporary Standard pertaining to workplace COVID-19 vaccination and testing requirements for employers with 100 or more employees.
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On January 4, 2022, and faced with record numbers of COVID-19 cases in New York State, the New York State Department of Health (“NYSDOH”) issued Interim Updated Isolation & Quarantine Guidance. The Interim Guidance aligns NYSDOH’s isolation and quarantine recommendations for the general population with the guidance issued by the CDC on December 27, 2021, which the CDC has updated repeatedly since then, and about which we previously reported on here. This Interim Guidance also supersedes the essential worker portion of NYSDOH’s December 24, 2021 shortened isolation guidance, although the portion pertaining to healthcare workers remains in effect. We will continue to provide updates on NYSDOH’s recommendations, as well as those issued by other public health agencies, as events continue to unfold.
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The New York State Department of Labor has issued proposed regulations interpreting and further defining the contours of the HERO Act’s joint labor-management workplace safety committees.  We summarize the proposed regulations below. 
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Mayor-elect Eric Adams has announced that he plans to keep New York City’s vaccine mandate in place once he takes office.
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The updated guidance now states that NYC employers must comply with its vaccine order regardless of whether the OSHA vaccine order becomes effective. The guidance originally stated that “[c]overed entities or individuals who are subject to federal requirements that are not currently in effect because of a court order must comply with this order.” The guidance has now been updated to read: “Covered entities or individuals who are covered by the OSHA rule that allows either employee vaccination or testing must comply with this order – their workers must be vaccinated if they do not have a reasonable accommodation.” The City is taking this position even though the NYC Vaccine Executive Order itself states that it does not apply where a covered entity is already subject to another order, including an order of a “federal entity that is in effect and requires them to maintain or provide proof of full vaccination.”
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As expected, the U.S. Supreme Court will rule on whether OSHA may proceed with its Vaccine Order for large employers. The Court will hold a special hearing on January 7, 2022. Briefings are due by December 30, 2021. The Court will also consider whether a separate vaccine order related to healthcare workers is enforceable.
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New York City has released its anticipated vaccine order for private businesses alongside a workplace vaccine requirement webpage containing interpretative guidance and other helpful links. The new vaccine order generally requires employers to obtain proof of a worker’s vaccination before allowing them entry into the workplace. As we previously reported, Mayor Bill de Blasio described this mandate as a “preemptive strike” made in an effort to confront looming challenges posed by the Omicron variant and the holiday season. We summarize relevant portions from the order and interpretative guidance below, and note that NYC employers will need to take several affirmative actions to come into compliance in the next couple of weeks.
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Effective May 7, 2022, all New York employers will be required to provide notice to employees of any employer monitoring of work phones, emails, or Internet use.
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Mayor Bill de Blasio has announced a COVID-19 vaccine mandate that will apply to all private employers in New York City.  The Mayor announced the mandate as a “first in the nation measure,” and a “preemptive strike” in response to challenges posed by the new Omicron variant, colder weather, and holiday gatherings.
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News & Press

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Tech Target referenced a blog post written by Member David Lagasse, Of Counsel Michelle Capezza, and Associates Evan Piercey and Corbin Carter in an article about the Trump administration's removal of the Equal Employment Opportunity Commission's AI bias guidance.

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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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podcasts

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin is joined by Associate Evan Piercey to discuss the divide between state and federal DEI initiatives.

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Publications

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

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