The New York State Department of Labor (“NYSDOL”) has issued guidance (the “Guidance”) and answers to frequently asked questions (“FAQs”) relating to various aspects of the newly-enacted legislation providing emergency sick leave, expanded New York Paid Family Leave (“NYPFL”) and expanded short-term disability benefits to certain employees unable to work because of COVID-19. Our previous analysis of this legislation (the “Act”) and what it means for employers can be found here: https://blogs.orrick.com/employment/2020/03/. READ MORE
Shawn Butte is a managing associate in the New York office. His practice focuses on representing clients in high-stakes employment litigation, including restrictive covenant and trade secret matters, and conducting internal investigations.
Shawn's practice involves crafting creative, practical solutions to complex legal challenges faced by corporations and emerging companies in a range of industries, including media, software, insurance, financial services, retail and pharmaceuticals.
Shawn regularly handles litigation involving employee mobility, employee raiding, trade secret misappropriation, unfair competition, and class and collective actions. Shawn has experience in both federal and state court, as well as in alternative dispute forums such as the American Arbitration Association, and has represented both plaintiffs and defendants in TRO and preliminary injunction hearings.
In addition to his litigation practice, Shawn advises management on a variety of workplace issues, including employee mobility, trade secret protection, wage and hour policies, employee classification, and internal investigations. He also frequently serves as outside counsel to both domestic and international startups trying to expand in the U.S. market. Shawn uses his experience as a litigator to help clients proactively avoid protracted legal disputes. Shawn has also advised clients on employment issues in connection with mergers, acquisitions and other corporate transactions.
Shawn is recognized by Super Lawyers as a New York Metro area "Rising Star” (2018).
Posts by: Shawn Butte
On March 18, 2020, New York State passed legislation (the “Act”) to provide emergency sick leave and other benefits to employees who are unable to work because they are subject to a government order of quarantine or isolation due to COVID-19. The key provisions of Act, which took effect immediately, are as follows: READ MORE
On Friday January 31, 2020, Judge Kimberly Mueller of the Eastern District of California granted a preliminary injunction blocking the enforcement of California Assembly Bill 51 (AB 51) to the extent it applies to arbitration agreements covered by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. AB 51 makes it unlawful to require workers or job applicants to enter into mandatory arbitration agreements covering claims under the California Fair Employment and Housing Act or the California Labor Code as a condition of employment or to obtain employment benefits. READ MORE
In Taylor v. Burlington Northern Santa Fe Railway Company, the Washington Supreme Court recently held that obesity is always an “impairment” under the Washington Law Against Discrimination (“WLAD”). The court held that the WLAD is more expansive than the Americans with Disabilities Act and expressly refused to follow some federal court decisions that found obesity to be a disability only if it is caused by a separate underlying physiological disorder.