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.