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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.

Recognition & Awards

  • Included on the New York Super Lawyers Rising Stars List: Employment & Labor (2019)

Recent Insights

News & Press

Viewpoints

Viewpoint General

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.
Viewpoint
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.
Viewpoint General

Update on New York State's Pay Equity Legislation

July 16, 2019 | | By Brie Kluytenaar

Viewpoint

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

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

Viewpoint

What’s New In Westchester County

June 13, 2019 | Blog | By Brie Kluytenaar

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.
Viewpoint General

New Year, New Changes to New York Paid Family Leave

January 8, 2019 | Blog | By Brie Kluytenaar

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 General

NYC Employers Must Engage in "Cooperative Dialogue" on Accommodation Requests

October 25, 2018 | Blog | By Brie Kluytenaar, Don Davis

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.

News & Press

New York Sexual Harassment Law Deadline Has Employers in a Hurry

October 9, 2018 | Bloomberg Big Law Business

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

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