Kelly M. Cardin is a shareholder in the New York and Stamford offices of Ogletree Deakins. Her practice focuses on representing employers in a wide range of disputes, including those involving discrimination and retaliation claims, wage and hour claims, wrongful discharge claims, and claims under the FMLA. Kelly also represents employers in class action lawsuits, often involving wage and hour issues, including manual worker pay frequency claims under § 191 of the New York Labor Law. She also advises on salary transparency laws, including those in New York and Connecticut. Additionally, Kelly maintains a commercial litigation practice, representing companies in breach of contract and trade secret disputes, among others. Kelly has represented clients before the Second Circuit Court of Appeals, in state and federal court, and in arbitration. She also regularly handles agency matters before the Equal Employment Opportunity Commission, the New York State Division of Human Rights, the Connecticut Commission on Human Rights and Opportunities, and the Connecticut Department of Labor. Kelly counsels clients with respect to their employee handbooks and personnel policies to ensure compliance with state and federal law. She also conducts workplace investigations and trains employers on best practices, including harassment training. She is admitted to practice in Connecticut, New York, and Massachusetts.
Insights by Kelly M. Cardin
Employers in Albany County, New York, will soon be required to disclose expected pay ranges in job postings under a new pay transparency law. The law, which is expected to go into effect on March 9, 2023, adds Albany County to the growing list of jurisdictions across New York State with similar pay transparency requirements.
Connecticut recently proposed legislation (Proposed H.B. No. 5243) that would “require employers to disclose salary ranges in all job postings.” In 2021, Connecticut was one of the first states to enact a pay transparency law requiring employers to disclose to applicants and employees the salary ranges for their positions. The proposed legislation would expand the existing law.
New York City is considering a bill known as the “Secure Jobs Act,” which would prohibit employers from discharging employees without “just cause” and advanced notice in most cases. Introduced on December 7, 2022, Int 0837-2022 would further restrict employers’ use of electronic monitoring and biometric data in making discharge and disciplinary decisions, and provide other protections for workers.
New York Governor Kathy Hochul recently signed a law that expands breastfeeding accommodations, bringing the standards for private employers in line with those for public employers in the state.
On December 21, 2022, New York Governor Kathy Hochul signed Senate Bill S9427A into law, six months after the New York State Legislature passed the pay disclosure bill. The law takes effect on September 17, 2023.
On November 21, 2022, Governor Kathy Hochul signed into law Senate Bill S1958A, which amends section 215 of the New York Labor Law (NYLL) to enhance protections for employees who take legally protected absences. The law takes effect on February 19, 2023.