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Evan M. Piercey

Associate

[email protected]

+1.212.692.6723

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Evan litigates a wide array of employment disputes before state and federal courts as well as administrative agencies. Evan has experience handling matters at all phases of the litigation process and also assists clients in resolving their disputes through mediation and settlement.

Evan’s practice also includes advising clients on a range of issues, including compliance with federal, state, and local employment laws as well as drafting and negotiating employment agreements.

Prior to joining Mintz, Evan was an associate at an Albany, New York-based law firm, where he represented and counseled clients in labor and employment matters. Evan began his legal career as an Assistant Corporation Counsel in the Labor and Employment division at the New York City Law Department, Office of the Corporation Counsel, where he represented the City of New York in a broad spectrum of labor and employment disputes. Earlier in his career, Evan also served as a law clerk to the Honorable Judith C. McCarthy in the Southern District of New York.

In law school, Evan was a member of the Brendan Moore Trial Advocacy team, where he competed in interschool competitions and served as the business editor on the executive board for the 2014-2015 school year.

viewpoints

NLRB’s Newly-Proposed Joint-Employer Standard Puts Employers on Notice

September 16, 2022 | Blog | By Richard Block, Danielle Dillon, Evan Piercey

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New York City Commission on Human Rights Provides Salary Range Transparency Act Guidance

April 11, 2022 | Blog | By Danielle Dillon, Evan Piercey, Michael Arnold, Jennifer Rubin

The New York City Commission on Human Rights has released a Fact Sheet entitled Salary Transparency in Job Advertisements, which provides much-welcomed guidance to employers on the NYC Salary Range Transparency Act.  Some questions, however, remain unanswered.
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New York State HERO Act Designation Expires

March 21, 2022 | Blog | By Evan Piercey

On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended.  The New York State Department of Labor (“NYSDOL”) declined to extend this designation.  The most immediate effect of this designation ending is that the activation of workplace exposure prevention plans mandated under the HERO Act is over.

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(Updated) A Comprehensive Breakdown of OSHA’s COVID-19 Vaccination Rule

January 12, 2022 | Blog | By Michael Arnold, Jennifer Rubin, David Barmak, Corbin Carter, Evan Piercey, Danielle Bereznay, Danielle Dillon, Nicole Rivers, Paul Huston, Emma Follansbee

Read Mintz’s comprehensive analysis of OSHA’s Emergency Temporary Standard pertaining to workplace COVID-19 vaccination and testing requirements for employers with 100 or more employees.
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New York State Department of Health Issues Updated Interim COVID-19 Quarantine and Isolation Guidance

January 7, 2022 | Blog | By Evan Piercey, Corbin Carter, Michael Arnold

On January 4, 2022, and faced with record numbers of COVID-19 cases in New York State, the New York State Department of Health (“NYSDOH”) issued Interim Updated Isolation & Quarantine Guidance. The Interim Guidance aligns NYSDOH’s isolation and quarantine recommendations for the general population with the guidance issued by the CDC on December 27, 2021, which the CDC has updated repeatedly since then, and about which we previously reported on here. This Interim Guidance also supersedes the essential worker portion of NYSDOH’s December 24, 2021 shortened isolation guidance, although the portion pertaining to healthcare workers remains in effect. We will continue to provide updates on NYSDOH’s recommendations, as well as those issued by other public health agencies, as events continue to unfold.
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The New York State Department of Labor has issued proposed regulations interpreting and further defining the contours of the HERO Act’s joint labor-management workplace safety committees.  We summarize the proposed regulations below. 
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Mayor-elect Eric Adams has announced that he plans to keep New York City’s vaccine mandate in place once he takes office.
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New York City Updates its Vaccine Executive Order Guidance

December 23, 2021 | Blog | By Michael Arnold, Evan Piercey

The updated guidance now states that NYC employers must comply with its vaccine order regardless of whether the OSHA vaccine order becomes effective. The guidance originally stated that “[c]overed entities or individuals who are subject to federal requirements that are not currently in effect because of a court order must comply with this order.” The guidance has now been updated to read: “Covered entities or individuals who are covered by the OSHA rule that allows either employee vaccination or testing must comply with this order – their workers must be vaccinated if they do not have a reasonable accommodation.” The City is taking this position even though the NYC Vaccine Executive Order itself states that it does not apply where a covered entity is already subject to another order, including an order of a “federal entity that is in effect and requires them to maintain or provide proof of full vaccination.”
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Evan M. Piercey

Associate

New York