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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.

Education

  • Fordham University (JD, cum laude)
  • College of the Holy Cross (BA, cum laude)

Viewpoints

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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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Supreme Court to Have Final Word on OSHA Vaccine Order

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

As expected, the U.S. Supreme Court will rule on whether OSHA may proceed with its Vaccine Order for large employers. The Court will hold a special hearing on January 7, 2022. Briefings are due by December 30, 2021. The Court will also consider whether a separate vaccine order related to healthcare workers is enforceable.
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New York City Releases Private Employer Vaccine Executive Order

December 16, 2021 | Blog | By Evan Piercey, Corbin Carter, Michael Arnold

New York City has released its anticipated vaccine order for private businesses alongside a workplace vaccine requirement webpage containing interpretative guidance and other helpful links. The new vaccine order generally requires employers to obtain proof of a worker’s vaccination before allowing them entry into the workplace. As we previously reported, Mayor Bill de Blasio described this mandate as a “preemptive strike” made in an effort to confront looming challenges posed by the Omicron variant and the holiday season. We summarize relevant portions from the order and interpretative guidance below, and note that NYC employers will need to take several affirmative actions to come into compliance in the next couple of weeks.
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New York Will Require Employers to Notify Employees of Phone, Internet, and Email Monitoring

December 9, 2021 | Blog | By Danielle Dillon, Evan Piercey, Michael Arnold

Effective May 7, 2022, all New York employers will be required to provide notice to employees of any employer monitoring of work phones, emails, or Internet use.
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New York City Announces a Vaccine Mandate for All Private Employers

December 7, 2021 | Blog | By Michael Arnold, Evan Piercey

Mayor Bill de Blasio has announced a COVID-19 vaccine mandate that will apply to all private employers in New York City.  The Mayor announced the mandate as a “first in the nation measure,” and a “preemptive strike” in response to challenges posed by the new Omicron variant, colder weather, and holiday gatherings.
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New York Significantly Expands its Whistleblower Law

November 19, 2021 | Blog | By Evan Piercey, Michael Arnold

New York has greatly expanded its “whistleblower” law. The amendments to New York Labor Law §740 go into effect on January 26, 2022 and undoubtedly enhance employee protections and require New York employers to take certain steps to come into compliance. We discuss in greater detail below.
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