Viviane K. Scott

She/Her/Hers

Viviane K. Scott is an associate in the Litigation Group at Frankfurt Kurnit, focusing on employment, intellectual property, and commercial litigation. She is the 2020 recipient of the American Bar Association’s Professional Responsibility Diversity, Equity and Inclusion Committee’s Jeanne P. Gray Diversity Scholarship Award.

Ms. Scott is a member of the American Bar Association’s Center for Professional Responsibility. She serves on the Professional Responsibility Diversity Committee and the ABA Standing Committee on Professionalism.

Prior to joining Frankfurt Kurnit, Ms. Scott served as law clerk to the Honorable Theodore A. McKee of the U.S. Court of Appeals for the Third Circuit. Before her federal clerkship, she was an associate at Patterson Belknap Webb & Tyler LLP, where she focused on complex commercial litigation, representing large financial institutions, pharmaceutical corporations and small companies. In her employment law practice, Ms. Scott assisted with investigations and advised individuals, non-profits, and financial institutions.

From 2014 to 2015, she also served as law clerk to the Honorable Bridget M. McCormack of the Supreme Court of Michigan. 

She is admitted to practice in New York.

awards & recognition

2020 Jeanne P. Gray Diversity Scholarship Award

education

University of California Berkeley (Bachelor of Arts, 2004)

Yale Law School (JD, 2014)

Upcoming Speaking Engagements

Frankfurt Kurnit’s Third Annual Litigation Ethics Summit Webinar

Frankfurt Kurnit is hosting its Third Annual Litigation Ethics Summit -- a complimentary CLE for corporate counsel, law firm general counsel, partners with responsibility for law firm compliance and risk management, and other lawyers with interest in professional responsibility issues. Read more.

November 13 2020

Past Speaking Engagements

More Than Just Hand Sanitizer: Employment Law and the Return to Work (Part 3)

If you're like many media, entertainment and technology executives, you're struggling with how to safely reopen your business. One threshold requirement is a written Safety Plan -- and the leadership to implement it. In part III of our ongoing return-to-work webinar series, we'll focus on safety plans and procedures for New York and California. Read more.

August 12 2020

More Than Just Hand Sanitizer: Employment Law and the Return to Work (Part 2)

In Part 2 of our “More Than Just Hand Sanitizer” series we'll help you learn how to implement the policy and procedural changes, as well as the physical changes, necessary for a return to the workplace. Read more.

May 20 2020

More Than Just Hand Sanitizer: Employment Law and the Return to Work (Part I)

Rehiring considerations. How to test for COVID-19. How to schedule work. Which accommodations to grant. How to safeguard a gigabyte of new confidential information. These are just some of the difficult issues employers will face in the gradual return to work. In this one-hour webinar we'll help you identify the policy and procedural changes you need to make to comply with fast-changing new rules while reducing health and financial risk. Read more.

May 13 2020

Yale Webinar

Viviane K. Scott presents during a webinar to Yale law students on clerkships.

April 16 2020

The ABCs of Independent Contractors in California and New York

You are invited to join attorneys from Frankfurt Kurnit's Employment Compliance, Training & Litigation Group for a roundtable discussion and workshop that will address the classification of independent contractors and employees under rapidly changing California and New York law. Read more.

November 20 2019

Frankfurt Kurnit’s Second Annual Litigation Ethics Summit

Frankfurt Kurnit hosts its Second Annual Litigation Ethics Summit -- a complimentary CLE for corporate counsel, law firm general counsel, partners with responsibility for law firm compliance and risk management, and other lawyers with interest in professional responsibility issues. Read more.

October 24 2019

“A Tale of Two Cities: Employment Law Compliance in New York City and Los Angeles” in LA

Nicole Bergstrom, Tiffany R. Caterina, Tricia L. Legittino, Viviane K. Scott & Wendy Stryker present “A Tale of Two Cities: Employment Law Compliance in New York City and Los Angeles” in our NY office.

June 6 2019

“A Tale of Two Cities: Employment Law Compliance in New York City and Los Angeles” in NYC

Nicole Bergstrom, Tiffany R. Caterina, Tricia L. Legittino, Viviane K. Scott & Wendy Stryker present “A Tale of Two Cities: Employment Law Compliance in New York City and Los Angeles” in our NY office.

May 22 2019

news & press

4 More COVID-19 Legal Questions You Should Answer

SHRM's HR Daily includes Viviane Scott as one of the employment attorneys that gave answers on COVID-19-related questions. View Article

New York Permits Gyms, “Low-Risk” Arts & Entertainment, Amusement Parks, Gaming Sites, Malls and Restaurants to Reopen With Restrictions

We provide an update on Governor Cuomo’s four-phase New York Forward Plan to gradually permit businesses to reopen by region in New York State. Read more.

EEOC Again Updates Key Guidance for Employers Reopening Workplaces

On September 8, 2020, the EEOC again updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.

Deadline: New York Sick Leave Law Takes Effect September 30th

The new mandatory New York State Sick Leave Law (NYSSLL) goes into effect September 30, 2020. First enacted in April 2020, the law requires New York employers of all sizes to provide employees with the right to accrue varying amounts of either sick or unpaid sick leave depending on employer size and income. Employees may be restricted from using sick leave until January 1, 2021. Read more.

New York Court Strikes Key Provisions of the US DOL’s Rule Regarding FFCRA Paid Sick and Expanded FMLA Leave.

On August 3, 2020, Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York struck down four provisions of the U.S. Department of Labor (“DOL”) regulations (the “Final Rule”) implementing elements of the Families First Coronavirus Relief Act (“FFCRA”) (the “Decision”). Read more.

5 Tips for When COVID-19 Comes to Your Media Production

You’ve mastered the guidance. You’ve implemented the procedures. You’ve followed all the rules to keep your production safe from COVID-19. But somehow, one of your production team members has tested positive for the virus. What next? Read more.

New York City Reopens for Film and Television Production

On July 17, 2020 NYC Mayor Bill de Blasio announced that, with the City entering Phase Four of Reopening on Monday July 20th, 2020, film and television production in the City can restart again in earnest. Read more.

Reopening: Can an Employer Require Antibody Testing For Returning Employees?

Last week, the EEOC updated its COVID-19-related guidance for employers, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. In general, this EEOC resource contains important guidance to help employers implement strategies to navigate the impact of COVID-19 in the workplace. In the most recent update, the EEOC answered the question: Under the Americans with Disabilities Act (ADA), may an employer require antibody testing before permitting employers to re-enter the workplace? Read more.

EEOC Updates Key Guidance for Employers Reopening Workplaces

The EEOC updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.

OSHA Issues New Guidance on Reporting “Work-related” COVID-19 Cases

Employers preparing to reopen offices and worksites have some new reporting requirements from the Occupational Safety and Health Administration (“OSHA”) of the United States Department of Labor. The new requirements, effective May 26, 2020, spell out when an employer must record and report a COVID-19-related incident. Read more.

EEOC Permits Employers to Test for COVID-19

This week, as parts of the nation began returning to work, the EEOC responded to an increasingly urgent question: May employers test employees for COVID-19? Read more.

The FFCRA Implementation Date is Coming Up – How to Get into Compliance

Employers are reminded that the new Families First Coronavirus Act will go into effect commencing on April 1, 2020 and continuing through December 31, 2020. Employers should not only be aware of the law’s key provisions, but know how to stay complaint and provide mandatory notice to employees. Read more.

Updates to Federal and State Employee Leave and Sick Leave Laws

The ongoing COVID-19 crisis has prompted a number of new federal and state laws related to employee leave and sick leave. This alert will highlight recent changes in federal and New York law. Read more.

Get Ready for New York Minimum Wage and Exempt Salary Changes

Increases to the New York State minimum hourly wage for non-exempt employees and increases in the minimum salary for exempt administrative and executive employees take effect on December 31, 2019. The required minimum rate and salary depends on the employee’s location and number of employees. Read more.

How to Comply With New York’s New Harassment Rules That Are Taking Effect Now

Dramatic changes in New York’s sexual harassment laws are effective now, or will go into effect shortly. New York employers will have to adapt and take some important steps to comply. Here’s a summary of what all New York employers need to know.  Read more.