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Brie Kluytenaar

Associate

[email protected]

+1.212.692.6251

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Brie represents a wide range of companies and has consistently achieved successful results for clients in fields including financial services, health care, technology, hospitality, media and cultural organizations. She has extensive experience resolving the many issues employers face throughout the employment life cycle, including counseling employers on hiring, terminations, reductions in force, internal investigations, wage and hour issues, disability and accommodations, statutory leave, and compliance with the rapidly-changing employment regulatory landscape.

Brie also has significant experience handling employment litigation in state and federal court, before federal, state, and local government agencies, and in mediation and arbitration. Brie has achieved positive results for clients in cases alleging various employment-related claims, including breach of contract, unfair competition, discrimination, retaliation, breach of fiduciary duty, fraud, misappropriation of trade secrets, and the like. Brie’s litigation experience also includes complex commercial litigation involving employment components.

Brie has been on the forefront of New York’s anti-sexual harassment legislation and works closely with companies to build internal culture through interactive workshops, training, policy revision, and other initiatives. Brie also has an active pro bono practice and regularly represents a large provider of legal services to low-income New Yorkers and an organization for survivors of gender-based violence.

Education

  • University of Connecticut (JD)
  • Mount Holyoke College (BA)

Experience

  • Won a complete dismissal of three charges filed at the NLRB by employees of a home security company who were suspended for creating a workplace disruption in the middle of the employer’s office. The dismissal was appealed and then affirmed.
  • Won a dismissal of a charge filed at the NLRB by an employee of a telecommunications service provider who was terminated in a restructuring.
  • Represented a major energy company in a sex and age discrimination suit by a former employee which ultimately settled on favorable terms after the company filed a motion to dismiss.
  • Represented a printing company in a discrimination suit filed by a former employee which resulted in a full dismissal of the claims against the company.
  • Represented private equity firm in multi-day arbitration against former employees involving claims of breach of fiduciary duties, breach of contract, fraud, and other alleged wrongful conduct.
  • Counseled technology company on reduction in force in connection with consolidation of manufacturing operations, including WARN issues and responding to Department of Labor inquiries.
  • Represented technology company in #MeToo investigation.
  • Counseled real estate development company on onboarding procedures, employee handbook and company policies.
  • Counseled biopharmaceutical company on all aspects of employment law compliance in connection with the company’s expansion of its workforce.
  • Represented reinsurance company in defense of employee raiding allegations.

Recognition & Awards

  • New York Super Lawyers Rising Star, Employment & Labor (2019)

Involvement

  • Member, NYC Bar Association
  • Member, Project Renewal Junior Board

Recent Insights

News & Press

Viewpoints

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Updated: EEOC Issues ADA and Title VII Guidance for Employers on COVID-19

June 18, 2020 | Blog | By Brie Kluytenaar, Danielle Bereznay

Updated: The EEOC has provided employers with supplemental guidance on navigating the COVID-19 outbreak, addressing issues such as COVID-related harassment and screening employees who are reporting to work. The EEOC reminded employers that while the anti-discrimination laws, including the ADA and the Rehabilitation Act, continue to apply during the COVID-19 pandemic, these laws do not interfere with, or prevent employers from following, the guidelines and suggestions issued by the CDC or state and local public health authorities regarding COVID-19.
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Part Six of the COVID-19 Roadmap Series: Reporting to Work

May 7, 2020 | Blog | By Andrew Bernstein, Brie Kluytenaar

As we continue to plan and prepare for the reopening of businesses, Part Six of our Roadmap series examines the when, what, where, and how of returning to work. Given the many considerations this process entails, we encourage employers to begin engaging with these issues now and to consult with counsel so that plans are in place and the groundwork is laid for the eventual reopening of the workplace, whenever that may be.
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New York recently extended its protections of the New York City Human Rights Law to non-employees, including contractors and freelancers, following in the footsteps of New York State, which recently amended its Human Rights Law in a similar manner.  The new law will go into effect in January 2020.  We wanted to highlight an important development that arises out of the change in this law. 
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Governor Cuomo Signs Bill Updating the New York State Human Rights Law

August 13, 2019 | Blog | By Michael Arnold, Brie Kluytenaar

On Monday, Governor Cuomo signed into the law the last of four bills aimed at strengthening workplace protections for employees.  In mid-July, the Governor signed pay equity, salary history disclosure and hair discrimination laws into effect.  Now, the Governor has completed this effort by signing into the law a bill that makes significant changes to the New York Human Rights Law.
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On June 18, 2019, Connecticut Governor Ned Lamont signed into law Public Act 19-16, “An Act Combatting Sexual Assault and Sexual Harassment,” also known as the “Time’s Up Act” (the “Act”). The Act involves several significant changes to Connecticut’s employment laws, with a particular focus on expanding sexual harassment prevention laws.
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Update on New York State's Pay Equity Legislation

July 16, 2019 | Blog | By Brie Kluytenaar

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New York To Curb Employer Use of Applicant and Employee Wage and Salary History

June 26, 2019 | Blog | By Brie Kluytenaar, Michael Arnold

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What’s New In Westchester County

June 13, 2019 | Blog | By Brie Kluytenaar

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The Bubbler

The Bubbler - June 2019

June 13, 2019 | Blog | By Brie Kluytenaar

Welcome to June! As we head into the summer, the employment law world continues to heat up! We have rounded up the most recent developments impacting employers for your summer reading pleasure here.
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News & Press

This feature article discusses the October 9th deadline for employers in New York to adopt sexual harassment prevention policies and provide them to workers. The article features commentary from employment lawyers including Brie Kluytenaar, an attorney in Mintz’s New York office.

Events

Oct
24
2019

New Strategies in Sexual Harassment Investigations

NYCLA’s In House and Outside Counsel Committee

New York, NY

Speaker