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Evan M. Piercey

Associate

[email protected]

+1.212.692.6723

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Evan is an employment counselor and litigator who helps guide clients on a wide range of issues from pre-litigation dispute resolution, through discovery, dispositive motions, and appeals. Evan routinely advises and assists clients on a range of employment issues, including claims of discrimination, harassment, retaliation, and sexual harassment, as well as claims involving trade secrets and restrictive covenants and wage and hour disputes. Evan also counsels on a multitude of issues, including compliance with federal, state, and local employment laws, as well as drafting and negotiating employment agreements.  

Evan maintains an active pro bono practice, assisting non-profit clients with employment issues and drafting and filing amicus briefs on behalf of clients for a wide range of issues.  Most recently, Evan was a part of a Mintz team that filed an amicus brief urging the U.S. Supreme Court to protect access to emergency care for pregnant women under the federal Emergency Medical Treatment and Labor Act in the consolidated cases Idaho v. United States and Moyle v. United States.  

Evan is an active contributor to the practice’s renowned blog on topics related to artificial intelligence, non-competes and other restrictive covenants, the evolution of and best practices in managing discrimination and harassment issues, and more. In May 2024, Evan presented in a webinar focused on AI in the workplace, providing a deep dive into AI’s impact on today’s employment landscape. 

viewpoints

Non-compete agreements will be banned in New York — and employers will be subject to lawsuits for attempting to enforce them — if the governor signs a bill passed by the state legislature. Mintz attorneys discuss the sweeping proposed law, the implications for employers, and questions left open by the language of the bill.

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On December 21, 2022, Governor Hochul signed into law S.9427-A/A.10477, which requires all private sector New York employers to list salary ranges for all advertised jobs and postings.  This law takes effect on September 17, 2023. 

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2022 has been an eventful year for New York employers, as the State and City have instituted a variety of new employment laws.  Top of mind are New York City’s Salary Transparency Act and New York City’s sweeping regulation of automated employment decision tools; but we have also seen other laws emerge that may have missed employers’ radars.  As 2022 comes to a close, we highlight below some of these important new developments.

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Effective January 1, 2023, New York City employers will be prohibited from using artificial intelligence in employment decision-making processes unless they take a number of specific and affirmative steps prior to doing so, including a bias audit of the tool.  These requirements have emerged following the passage of New York City Local Law 144 in December 2021, which creates a specific regime employers must adhere to in order to utilize automated employment decision tools, which the City has referred to as “AEDTs”. Many questions emerged following the passage of Local Law 144  and in response to some of these inquiries, the City’s Department of Consumer and Worker Protection (“DCWP”) has proposed rules that provide some answers, expand upon Local Law 144, and regulate the use of AEDTs.  Mintz attorneys Corbin Carter, Michelle Capezza and Evan Piercey analyze and discuss these proposed rules.

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News & Press

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Mintz advised The Eagle Leasing Company, a leading provider of portable storage containers, ground level offices, semi-trailers, and mobile office solutions, in its acquisition by Rent-A-Container (RAC), a portfolio company of Kinderhook Industries, LLC. 

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An article written by Member David Lagasse, Of Counsel Michelle Capezza, and Associates Evan Piercey and Corbin Carter was published in the Employee Relations Law Journal. In the article, the authors discuss President Trump’s artificial intelligence executive order and its potential implications for employers. 

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Tech Target referenced a blog post written by Member David Lagasse, Of Counsel Michelle Capezza, and Associates Evan Piercey and Corbin Carter in an article about the Trump administration's removal of the Equal Employment Opportunity Commission's AI bias guidance.

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Mintz recently filed an amicus brief urging the US Supreme Court to protect access to emergency care for pregnant women under the federal Emergency Medical Treatment and Labor Act (EMTALA) in the consolidated cases Idaho v. United States and Moyle v. United States that the Court will hear on April 24th.

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Associate Evan Piercey recently spoke to Law360 about the challenges facing federal courts in New York due to conflicting decisions from state appeals courts regarding the enforcement of weekly pay requirements.

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Legal Dive quoted a recent article written by Mintz attorneys Michael ArnoldAndrew BernsteinCorbin Carter, and Evan Piercey in a story discussing New York Gov. Kathy Hochul’s concerns surrounding a proposed noncompete ban.

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ESG Co-chair Jen Rubin, and Associates Danielle Dillon and Evan Piercey co-authored an article in Law360 on the US Court of Appeals for the Fifth Circuit's rejection of a challenge to Nasdaq's diversity rule.

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Member Andrew Bernstein and Associates Corbin Carter and Evan Piercey co-authored an article published by the New York Law Journal summarizing the proposed New York legislation on non-competes.

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Associate Evan Piercey was interviewed by New York City local news station PIX11 on the use of AI in the workplace and the ways in which New York City is attempting to control the evolving technology through the implementation of Local Law 144, which will regulate the use of AI tools.

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Mintz Of Counsel Michelle Capezza and Associates Evan Piercey and Corbin Carter co-authored an article published in the New York Law Journal which analyzes NYC Local Law 144, its impact on employers in New York City and their use of automated employment decision tools (AEDTs).

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podcasts

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin is joined by Associate Evan Piercey to discuss the divide between state and federal DEI initiatives.

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Publications

Co-author, "Contract Corner," The Licensing Journal (November-December 2023).

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