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Brie Kluytenaar

Contract Attorney

[email protected]



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.


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


  • 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.
  • Successfully represented certain London Market Company Reinsurers in a lengthy litigation proceeding in federal court arising out of a cedent’s $120 million settlement with its insured resolving environmental contamination exposure. The matter involved complex issues of allocation, enforcement of coverage periods, and application of choice of law.

Recognition & Awards

  • New York Super Lawyers Rising Star, Employment & Labor (2019 - 2020)
  • JD Supra 2021 Readers’ Choice Awards – Employer Liability Issues


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

Recent Insights



Pro Bono Viewpoint
Many of our nation’s 18 million veterans experience significant day-to-day challenges related to their time in the military. Through our pro bono legal counsel and the firm’s community services, including a holiday gift drive for veterans, we assist many nonprofit and advocacy organizations working to improve veterans’ lives.
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ALERT: New COVID-19 Vaccine Paid Leave for New York Employees

March 16, 2021 | Blog | By Corbin Carter, Brie Kluytenaar

As we enter the second year of the COVID-19 pandemic, New York employers must now grapple with another new paid leave requirement from New York State.  A new law signed by Governor Cuomo on March 12, 2021 amends New York’s Labor Law and entitles employees up to four hours of paid leave per COVID-19 vaccine injection.  The law is effective immediately, and the law’s leave entitlement is set to expire on December 31, 2022. We note key provisions of the new law below.
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Conference Recordings: Mintz's Annual Employment Law Summit

March 12, 2021 | Webinar | By Michael Arnold, David Barmak, Micha Mitch Danzig, Geri Haight, Andrew Matzkin, David Lagasse, O'Kelly E. McWilliams, III, Jennifer Rubin, Tyrone Thomas, Alexander Hecht, Danielle Bereznay, Delaney Busch, Corbin Carter, Emma Follansbee, Natalie C. Groot, Paul Huston, Brie Kluytenaar, Brendan Lowd, Nicole Rivers, Richard Block

Mintz’s Annual Employment Law Summit brought together thought leaders to discuss the most pressing issues employers are facing in today’s unprecedented work environment. Attendees heard presentations on the continued impact of COVID-19; social justice and diversity, equity and inclusion initiatives; recent and anticipated changes to employment laws; and best practices for managing sensitive employee situations.
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Employment, Labor, and Benefits Viewpoints Thumbnail
Governor Cuomo has announced new guidelines allowing travelers to New York to sidestep the State’s mandatory 14-day quarantine period by obtaining a series of negative COVID-19 diagnostic test results before and after arriving in New York. Previously, the State mandated a 14-day quarantine for travelers from an evolving list of “high-risk” states that had a high rate of COVID-19 positive testing per capita. Now, the new framework applies to travelers from all states in the U.S. except those that are contiguous with New York (Connecticut, Massachusetts, New Jersey, Pennsylvania, and Vermont), which are already exempt from the 14-day quarantine requirement.

The new protocol became effective Wednesday, November 4, 2020.
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New York State Addresses Paid Sick Leave Requirements in New Guidance

October 23, 2020 | Blog | By Brie Kluytenaar, Corbin Carter, Michael Arnold

This week, New York State issued guidance and an FAQ document regarding the State’s new paid sick leave law (“NYPSL”). As a reminder, New York State enacted statewide paid sick leave requirements for employers under Section 196-b of the New York Labor Law and they took effect on September 30, 2020. We provided an overview of the new NYPSL requirements for New York State employers in our previous post.
These permanent paid sick leave requirements (which differ from the COVID-19 quarantine leave measures that New York State enacted earlier this year) require New York employers to provide all employees with sick leave (which varies based upon the employer’s size), and grant employees the ability to use accrued sick time starting January 1, 2021.
The new guidance issued by New York State provides some clarity on select NYPSL topics, but leaves a number of questions unresolved. We provide a summary of key new information from the guidance for employers below:
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Election Politics Featured Viewpoint

Navigating Politics in the Workplace During the Election Season

October 8, 2020 | Blog | By Michael Arnold, Brie Kluytenaar

With the presidential election less than a month away, it is more important than ever that employers proactively manage their work environment to protect against the potential pitfalls that can arise when political discussions occur in the workplace. The new remote working environment in which many employers find themselves only adds a layer of complexity to this challenge. We discuss this difficult issue further below.
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Updated: EEOC Issues ADA and Title VII Guidance for Employers on COVID-19

September 25, 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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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.


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New Strategies in Sexual Harassment Investigations

NYCLA’s In House and Outside Counsel Committee

New York, NY