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Brie Kluytenaar

Associate

[email protected]

+1.212.692.6251

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Brie represents a wide range of companies across industries 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.

Recent Insights

News & Press

Viewpoints

Viewpoint
Welcome to 2019, readers! With the new year comes certain changes to New York Paid Family Leave (NYPFL), and we want to make sure you are up to date so that any leave requests you may receive under this law are properly addressed.

Viewpoint
As of October 15, 2018, New York City employers are now required to engage in a “cooperative dialogue” when an employee requests a workplace accommodation. In a development that may have been overshadowed by the New York State sexual harassment prevention law, the New York City Council amended the New York City Human Rights Law (NYCHRL) in December 2017 to institute this requirement. Similar to, but more demanding than the “interactive process” contemplated by the federal Americans with Disabilities Act, this requirement imposes significant new duties on employers in New York City.
Viewpoint
The wait is over.  The New York State Department of Labor (DOL) just released its final guidance with respect to New York State’s new anti-sexual harassment law.  The release includes final templates for the model sexual harassment prevention policy, complaint form, and harassment prevention training program.
Viewpoint
Now that Labor Day is behind us, we are looking ahead to the various compliance deadlines facing New York State and New York City employers this fall.
Jen Rubin, a member in Mintz's Employment, Labor and Benefits practice, wrote about the need for a thoughtful and fair investigative process in the wake of the #MeToo movement.
Earlier this year, we wrote about the sweeping legislative changes enacted by New York State and New York City aimed at preventing workplace sexual harassment in the wake of #MeToo.
The Office of Labor Policy & Standards, the office responsible for enforcing NYC’s employment laws, recently released guidance on the new Temporary Schedule Change Law. The law, which took effect on July 18, 2018, was passed with little fanfare, but left employers asking many questions about how to effectively implement its requirements.

The Bubbler – July 2018

July 3, 2018| Blog

Welcome to July! As we head deeper into the summer, the employment law world continues to heat up (and we’re not just talking about the record temperatures across the country!). We have rounded up the most recent developments impacting employers here.
Following in the footsteps of neighboring jurisdictions such as New York City, Albany County, and Massachusetts, on April 10, 2018, Westchester County enacted legislation to ban inquiries into a job applicant’s salary history.

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

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