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 and is a member of the firm’s Pay Equity Practice Group Steering Committee. 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
Just days before New York State’s pay transparency law went into effect, the state labor department unveiled new proposed regulations that seek to clarify employers’ obligations under the new law.
The New York state law requiring employers to disclose expected compensation ranges in advertisements for jobs, promotions, and transfers takes effect on September 17, 2023. The law requires employers with four or more employees to disclose the minimum and maximum annual salary or hourly wage in advertisements for jobs, promotions, and transfers, including in electronic job postings.
On June 20, 2023, the New York State Assembly approved one of two bills concerning non-compete agreements that the New York State Senate just recently passed. Bill No. S3100A, which would prohibit employers from using non-compete agreements, passed the Assembly and is on its way to the desk of Governor Hochul for signature.
Monumental changes to New York law on non-compete agreements appear imminent. On June 7, 2023, the New York State Senate approved two bills concerning non-compete agreements. The first, Bill No. S3100A, proposes a ban on all non-compete agreements, while the second, Bill No. S6748, proposes a limited ban of certain non-compete agreements.
On June 7, 2023, a law providing expanded protections for breastfeeding employees in New York took effect. The law applies to all public and private employers in the state, regardless of size.
On May 11, 2023, the New York City Council approved a bill to prohibit employment discrimination on the basis of an individual’s height or weight. The bill, Int. No. 209-A, was sent to Mayor Eric Adams for final approval following a 44–5 vote.