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Brie Kluytenaar

Associate

[email protected]

+1.212.692.6251

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Brie’s practice encompasses a range of labor and employment law matters. She has represented clients in state and federal court, as well as before the National Labor Relations Board, the Department of Labor, the New York State Public Employment Relations Board, and other administrative bodies. Brie also has experience handling arbitrations, preparing witnesses, and counseling clients on legal strategies relating to disciplinary investigations, compliance with federal, state, and local laws, risk avoidance, and potential litigation.

Previously, Brie was a field attorney for the National Labor Relations Board in Region 3, where she handled all aspects of litigation and conducted representation case hearings and elections.

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
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.
In the wake of the #MeToo movement and the nationwide discourse over the prevalence of sexual harassment in the workplace, New York State and New York City have taken aggressive steps to implement stronger protections against workplace harassment.

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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