Education

  • Fordham University School of Law, J.D.
  • Cornell University, M.I.L.R.
  • State University of New York at Albany, B.A.

Admissions

  • New York
Ira M. Saxe, Partner New York
isaxe@crowell.com
Phone: +1 212.895.4230
590 Madison Avenue
20th Floor
New York, NY 10022-2544

Ira Saxe, a partner in the New York office, has substantial experience representing management in federal and state court litigation, in both class action and single plaintiff matters and administrative agency proceedings, involving the Fair Labor Standards Act, Executive Order 11246, the ADA, Title VII, the ADEA, the OSH Act, the STAA, ERISA and the Labor Management Relations Act, as well as other federal, state and local wage and hour, discrimination, breach of contract, wrongful discharge, labor and workplace tort claims. His representative litigation engagements include the following:

  • Denial of two California state-wide class certification motions, covering thousands of hourly employees, one seeking compensation for time spent at the workplace prior to their scheduled start time and the other challenging protective vest practices;
  • Summary judgment in California State Court on claims of wrongful termination in violation of public policy, breach of implied contract, defamation and unfair business practices;
  • Summary judgment in the U.S. District Court for the Southern District of Florida defeating Fair Labor Standards Act collective action overtime compensation claims, covering mixed fleet drivers, based on the federal Motor Carrier Act exemption;
  • Reversal by the U.S. Court of Appeals for the District of Columbia of a decision by the NLRB that the client violated its duty to bargain in good faith by unilaterally imposing, after impasse, a work assignment provision under the Management Rights provision of its final offer;
  • Summary judgment in the U.S. District Court for the Southern District of New York defeating race discrimination and retaliation claims; and
  • Voluntary dismissal with prejudice, without any payment, following threatened sanctions motion, of a New Jersey Superior Court action alleging race and national origin discrimination, defamation, negligent hiring, training and retention, malicious prosecution and intentional infliction of emotional distress.

Mr. Saxe counsels employers in connection with a broad array of employee relations issues, including wage and hour, affirmative action and equal employment opportunity matters, advises management on complex issues arising in employment actions, including but not limited to individual or group terminations from employment, and prepares and reviews affirmative action programs, personnel policies, employee handbooks, and other employment-related materials. For example, Mr. Saxe’s wage and hour practice includes advice and counsel to management on complex issues of classification of workers as employees or independent contractors, overtime exemptions, including but not limited to the federal Motor Carrier Act exemption, compensation practices regarding mobile workforces and the tip credit. His affirmative action practice runs the gamut from advice and counsel on coverage of governmental mandates and the development and implementation of any required AAPs and related recordkeeping systems to representation in connection with OFCCP compliance evaluations and complaint investigations.

Mr. Saxe worked as a Field Examiner Intern at the National Labor Relations Board, where he investigated unfair labor practice charges and processed representation petitions. Mr. Saxe later worked as a Compliance Specialist, Senior Compliance Specialist and Acting Deputy Assistant Director with the City of New York, where he conducted and supervised compliance reviews of contractors' compliance with applicable equal employment opportunity and affirmative action requirements and negotiated employment agreements in accordance therewith.

Mr. Saxe received his B.A. from the State University of New York at Albany, his Master of Industrial and Labor Relations from Cornell University's School of Industrial and Labor Relations, and his J.D. from the Fordham University School of Law, where he served as a member and Associate Editor of the Fordham Law Review. Mr. Saxe is a member of the American Bar Association, the New York State Bar Association, and the New York City Bar Association. He is admitted to the New York State Bar, and is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the First, Second and Fourth Circuits and the United States District Courts for the Southern, Eastern and Western Districts of New York.



Affiliations

Admitted to practice: New York, U.S. Supreme Court, U.S. Court of Appeals for the First, Second and Fourth Circuits, U.S. District Courts for the Southern, Eastern and Western Districts of New York. Member of the American Bar Association, the New York State Bar Association and the New York City Bar Association.



Speeches & Presentations



Publications

  • "Revisit Independent Contractor Classifications," Society for Human Resource Management’s Legal Report (October – November 2007). Co-Authors: Kris D. Meade, Jeffrey Pagano, Ira M. Saxe and Jonathan A. Moskowitz.


Client Alerts & Newsletters



In the News

  • Crowell & Moring Establishes that an Employer May Unilaterally Exercise Management Rights Implemented after Bargaining Impass
    January 31, 2008 — BNA's Daily Labor Report, No. 20, ISSN 1522-5968

    A Crowell & Moring team led by Labor & Employment co-chair Jeffrey W. Pagano, with assistance from Herbert Meyer, Glenn Grant and Ira Saxe, successfully argued before the Court of Appeals for the D.C. Circuit ("DCCA") on behalf of Mail Contractors of America ("MCA"), and obtained reversal of a decision of the National Labor Relations Board ("NLRB") that found that MCA had unlawfully refused to bargain regarding a unilateral change of a driver relay point. The right of MCA, the largest U.S. Postal Service depot to depot mail carrier, to unilaterally change the relay point was contained in the Management Rights provision of MCA's final offer, implemented after impasse. The DCCA squarely rejected the NLRB's position that exercise of that right violated the National Labor Relations Act. The Court's Opinion is a landmark decision, and was featured as the lead article in the January 31, 2008 edition of the BNA Daily Labor Report, as it ensures an employer's ability to operate its business without interference of a union after implementation of a final offer.

    Court Documents:
    Mail Contractors of America v. NLRB, Nos. 06-1338, 06-1380, 2008 WL 220637 (D.C. Cir. Jan. 29, 2008)


Firm News & Announcements

Feb.03.2010 New York State Bar Association Names 19 Crowell & Moring Attorneys As “Empire State Counsel” For Outstanding Pro Bono Efforts
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