Ira Saxe, a partner in the New York office, provides management-side labor and employment litigation defense before federal and state courts in class actions, single-plaintiff litigation, and administrative agency proceedings involving the Fair Labor Standards Act, Executive Order 11246, the ADA, Title VII, the ADEA, OSHA, the STAA, ERISA, and the Labor Management Relations Act. His practice also includes a variety of other federal, state, and local wage and hour, discrimination, breach of contract, wrongful discharge, labor, and workplace tort claims.
Representative engagements:
- 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.
- 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.
In addition to litigation defense, 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. He advises management on complex issues arising in employment actions (including, but not limited to, individual or group terminations from employment), and he prepares and reviews affirmative action programs, personnel policies, employee handbooks, and other employment-related materials to ensure a compliant and effective employment platform.
Mr. Saxe’s wage and hour practice includes advice and counsel 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), and compensation practices regarding mobile workforces and the tip credit. His affirmative action practice includes advice and counsel on coverage of governmental mandates, development and implementation of AAPs (as well as related recordkeeping systems), and 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. He 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/affirmative action requirements, and negotiated related employment agreements.
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 U.S. Supreme Court, the U.S. Court of Appeals for the First, Second, and Fourth Circuits, and the U.S. District Court 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.
Highlights, News & Knowledge
Speeches & Presentations
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"What Not To Ask: The Rise of 'Salary History Ban' Laws," Crowell & Moring Webinar
(August 24, 2017).
Presenters: Thomas P. Gies, Ira M. Saxe, and Jillian Ambrose.
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"Third Thursday--C&M's October Labor & Employment Update: Conducting Background Checks," Webinar
(October 23, 2014).
Presenters: Thomas P. Gies, Trina Fairley Barlow, Ira M. Saxe, and Christine B. Hawes.
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"Third Thursday--C&M's September Labor & Employment Update: Obligations under VEVRAA and Section 503 of the Rehabilitation Act," Webinar
(September 19, 2013).
Presenters: Kris D. Meade, Ira M. Saxe, and Rebecca L. Springer.
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"Fasten your seatbelts: A Review of Key OFCCP Initiatives and Enforcement Priorities as Take-Off Approaches," Crowell & Moring Webinar
(October 6, 2011).
Presenters: Cathy Kunz, Kris Meade, Ira Saxe, Jonathan Moskowitz, Rebecca Springer, and Jane Foster.
Publications
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"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
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"Newly Passed Congressional Sexual Harassment Bill Aims to Set a "Positive Example" for Nation,"
Labor & Employment Law Alert - US
(January 4, 2019).
Contacts: Ellen Moran Dwyer, Trina Fairley Barlow, Ira M. Saxe, Amanda DiSanto
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"Three Important Supreme Court Decisions for Employers from 2018,"
Labor & Employment Law Alert - US
(December 31, 2018).
Contacts: Trina Fairley Barlow, Ira M. Saxe, Katie Erno
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"New Jersey Joins the Wave of Jurisdictions Enacting Paid Sick Leave Laws,"
Labor & Employment Law Alert - US
(November 2, 2018).
Contacts: Trina Fairley Barlow, Ira M. Saxe, Amanda DiSanto
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"New York State Releases Final Guidance On Legislation Aimed At Preventing Sexual Harassment,"
Labor & Employment Law Alert - US
(October 5, 2018).
Contacts: Ellen Moran Dwyer, Thomas P. Gies, Trina Fairley Barlow, Ira M. Saxe, Katie Erno
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"OFCCP Extends TRICARE Moratorium,"
Labor & Employment Law Alert - US
(May 23, 2018).
Contacts: Rebecca L. Springer, Kris D. Meade, Ira M. Saxe
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"NJ Law Amends the New Jersey Law Against Discrimination,"
Labor & Employment Law Alert - US
(May 2, 2018).
Contacts: Kris D. Meade, Ira M. Saxe, Rebecca L. Springer, Jillian Ambrose
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"New York State and New York City Pass Legislation Aimed At Preventing Sexual Harassment In The Workplace,"
Labor & Employment Law Alert - US
(April 24, 2018).
Contacts: Ellen Moran Dwyer, Ira M. Saxe, Katie Erno
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"Ninth Circuit Holds that Prior Salary Does Not Justify Pay Disparities,"
(April 16, 2018).
Contacts: Katie Erno, Kris D. Meade, Ira M. Saxe, Trina Fairley Barlow
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"OFCCP Sets New VEVRAA Hiring Benchmark Percentage,"
Labor & Employment Law Alert - US
(April 2, 2018).
Contacts: Rebecca L. Springer, Kris D. Meade, Ira M. Saxe
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"EEO-1 Reports Due March 31st,"
(March 14, 2018).
Contacts: Kris D. Meade, Rebecca L. Springer, Ira M. Saxe
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"The OFCCP Could Be Headed Your Way,"
Labor & Employment Law Alert - US
(February 6, 2018).
Contacts: Rebecca L. Springer, Kris D. Meade, Ira M. Saxe
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"California Salary History Ban Enacted, Effective January 1, 2018,"
Labor & Employment Law Alert - US
(October 13, 2017).
Contacts: Thomas P. Gies, Ira M. Saxe, Mark A. Romeo, Jillian Ambrose, Rebecca L. Springer
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"DOL Overtime Rule: The Latest . . . And What Now?,"
(September 6, 2017).
Contacts: Thomas P. Gies, Kris D. Meade, Ira M. Saxe, Mark A. Romeo
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"New York City Imposes "Fair Workweek" Restrictions on Scheduling of Work for Retail and Fast Food Employees,"
Labor & Employment Law Alert - US
(June 6, 2017).
Contacts: Ira M. Saxe, Kris D. Meade, Thomas P. Gies, Mark A. Romeo
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"New York City Restricts Salary History Inquiries to Applicants for Employment,"
Labor & Employment Law Alert - US
(May 17, 2017).
Contacts: Ira M. Saxe, Thomas P. Gies, Kris D. Meade, Mark A. Romeo
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"Revised EEO-1 Report Moves One Step Closer to Implementation,"
Labor & Employment Law Alert - US
(July 15, 2016).
Contacts: Kris D. Meade, Rebecca L. Springer, Mark A. Romeo, Ira M. Saxe
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"Maryland Enacts Revised Equal Pay for Equal Work Law,"
Labor & Employment Law Alert - US
(June 6, 2016).
Contacts: Kris D. Meade, Mark A. Romeo, Ira M. Saxe, Rebecca L. Springer, Christine B. Hawes
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"DOL’s New Fiduciary Rule Has Far-Reaching Tentacles,"
Labor & Employment Law Alert - US
(April 29, 2016).
Contacts: Kris D. Meade, Ira M. Saxe, Mark A. Romeo
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"FLSA Regulations Move Forward and Will Arrive Soon,"
Labor & Employment Law Alert - US
(March 22, 2016).
Contacts: Thomas P. Gies, Andrew W. Bagley, Trina Fairley Barlow, Ira M. Saxe, Mark A. Romeo
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"New DOL Overtime Regulations Move Forward,"
Labor & Employment Law Alert - US
(May 6, 2015).
Contacts: Thomas P. Gies, Andrew W. Bagley, Mark A. Romeo, Ira M. Saxe
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"EEOC Challenge of CVS Severance Agreements Dismissed,"
Labor & Employment Law Alert - US
(October 22, 2014).
Contacts: James E. Kellett, Ira M. Saxe, Thomas P. Gies, Trina Fairley Barlow, Christine B. Hawes
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"DOL Issues Short Reprieve to Health Care Agency Employers,"
Labor & Employment Law Alert - US
(October 10, 2014).
Contacts: Thomas P. Gies, Ira M. Saxe, Mark A. Romeo
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"Three Years Later, the Next Shoe Drops: OMB Approves Revised OFCCP Scheduling Letter,"
Labor & Employment Law Alert - US
(October 1, 2014).
Contacts: Kris D. Meade, Ira M. Saxe, Rebecca L. Springer
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"What Employers Should Know about New Guidance Affecting COBRA Compliance,"
Labor & Employment Law Alert - US
(May 9, 2014).
Contacts: Thomas P. Gies, Ira M. Saxe, Mark A. Romeo
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"Obama Administration Moves to Increase the Reach of Federal Overtime Laws,"
Labor & Employment Law Alert - US
(March 17, 2014).
Contacts: Thomas P. Gies, Andrew W. Bagley, Ira M. Saxe, Mark A. Romeo
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"President Issues Executive Order Raising Minimum Wage for Some Federal Contractor Employees – Questions Remain,"
Labor & Employment Law Alert - US
(February 14, 2014).
Contacts: Kris D. Meade, Peter Eyre, Ira M. Saxe, Rebecca L. Springer
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"OFCCP Issues Final Disability Self-Identification Form,"
Labor & Employment Law Alert - US
(January 31, 2014).
Contacts: Rebecca L. Springer, Kris D. Meade, Ira M. Saxe
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"New OFCCP Regulations to go into Effect March 23, 2014,"
Health Care Alert
(September 26, 2013).
Contacts: Kris D. Meade, Ira M. Saxe, Rebecca L. Springer
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"OFCCP Final Rules Significantly Expand VEVRAA and Section 503 Obligations,"
Labor & Employment Law Alert - US
(August 29, 2013).
Contacts: Kris D. Meade, Rebecca L. Springer, Ira M. Saxe, Mark A. Romeo
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"U.S. Supreme Court Adopts Dual Causation Standards Under Title VII Heightening Plaintiffs' Burdens in Retaliation Cases,"
Labor & Employment Law Alert - US
(June 28, 2013).
Contacts: James E. Kellett, Ira M. Saxe
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"New York City Employers Beware – New Law Prohibiting Unemployment Discrimination to Take Effect in June,"
Labor & Employment Law Alert - US
(April 2, 2013).
Contacts: James E. Kellett, Ira M. Saxe
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"Third Circuit Upholds Reduced Pleading Requirements for SOX Whistleblowers,"
Labor & Employment Law Alert - US
(March 26, 2013).
Contacts: Rebecca L. Springer, Ira M. Saxe, Mark A. Romeo
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"New OFCCP Compensation "Guidance" Offers Little to Guide Contractors,"
Labor & Employment Law Alert - US
(March 11, 2013).
Contacts: Kris D. Meade, Rebecca L. Springer, Ira M. Saxe
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"Lead Plaintiff's Failure to Report Alleged Unpaid Work Time Under The Employer's Reporting Policies Dooms FLSA Collective Action,"
Labor & Employment Law Alert - US
(November 20, 2012).
Contacts: Kris D. Meade, Thomas P. Gies, Andrew W. Bagley, Ira M. Saxe, Mark A. Romeo
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"Participants in TRICARE Program Celebrate the Administrative Review Board's Florida Hospital Decision – Should Other Companies Care?,"
Labor & Employment Law Alert - US
(November 12, 2012).
Contacts: Kris D. Meade, Rebecca L. Springer, Ira M. Saxe, Mark A. Romeo
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"California Appellate Court Approves (Finally) of Neutral Time Rounding,"
Labor & Employment Law Alert - US
(November 7, 2012).
Contacts: Mark A. Romeo, Thomas P. Gies, Andrew W. Bagley, Ira M. Saxe
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"California High Court Rejects Fee Request For Rest Break Claims,"
Labor & Employment Law Alert - US
(May 2, 2012).
Contacts: Mark A. Romeo, Kris D. Meade, Thomas P. Gies, Andrew W. Bagley, Ira M. Saxe
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"Department of Labor Proposes FMLA Rule on Leave for Caregivers to Servicemembers and Airline Flight Crew Employees,"
Labor & Employment Law Alert - US
(February 14, 2012).
Contacts: James E. Kellett, Ira M. Saxe, Jared Levine, Thomas P. Gies, Mark A. Romeo
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"FMLA Protections from Interference and Retaliation Extended to Pre-Eligible Employees,"
Labor & Employment Law Alert - US
(January 25, 2012).
Contacts: Kris D. Meade, James E. Kellett, Ira M. Saxe, Mark A. Romeo
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"New DOT Regulations Require Commercial Truckers to Hit the "Breaks","
Labor & Employment Law Alert - US
(January 5, 2012).
Contacts: Trina Fairley Barlow, Rebecca L. Springer, Ira M. Saxe, Mark A. Romeo
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""Sea Change" in OFCCP Disability Regulations Would Mean Increased Turbulence for Contractors,"
Labor & Employment Law Alert - US
(December 14, 2011).
Contacts: Kris D. Meade, Ira M. Saxe, Rebecca L. Springer, Mark A. Romeo
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"Federal Court Upholds OFCCP Demand For Data,"
Labor & Employment Law Alert - US
(November 21, 2011).
Contacts: Kris D. Meade, Rebecca L. Springer, Ira M. Saxe, Mark A. Romeo
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"OSHA Revises Its Sarbanes-Oxley Whistleblower Rules Impacting Public Companies and Their Affiliates and Subsidiaries,"
Environment & Natural Resources: Occupational Safety & Health Alerts
(November 9, 2011).
Contacts: Mark A. Romeo, Kris D. Meade, Thomas P. Gies, Ira M. Saxe
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"The NLRB Overrules Prior Decisions to Reinstate "Recognition Bar" Protection for Unions Voluntarily Recognized and "Successor Bar" Protection for Incumbent Unions,"
Labor & Employment Law Alert - US
(September 8, 2011).
Contacts: Ira M. Saxe, Thomas P. Gies, Glenn D. Grant, Mark A. Romeo
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"OFCCP Seeks Input on Development of New Compensation Reporting Tool,"
Labor & Employment Law Alert - US
(August 16, 2011).
Contacts: Kris D. Meade, Ira M. Saxe, Rebecca L. Springer, Mark A. Romeo
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"OFCCP Drumbeat Continues: Agency Announces New FAAP Procedures,"
Labor & Employment Law Alert - US
(July 1, 2011).
Contacts: Rebecca L. Springer, Kris D. Meade, Ira M. Saxe, Mark A. Romeo
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"Fifth Circuit Applies Recent Supreme Court Decision to Revive Son's Title VII Retaliation Claim Based on Father's Protected Activity,"
Labor & Employment Law Alert - US
(May 31, 2011).
Contacts: Thomas P. Gies, Glenn D. Grant, Ira M. Saxe, Mark A. Romeo
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"NLRB Sues Arizona in Federal Court over Constitutional Amendment Requiring Secret Ballot Elections for Union Representation,"
Labor & Employment Law Alert - US
(May 18, 2011).
Contacts: Kris D. Meade, Thomas P. Gies, Glenn D. Grant, Ira M. Saxe, Mark A. Romeo
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"You Wanna Sue Your Employer for Overtime? The Labor Department Has an App for That!,"
Labor & Employment Law Alert - US
(May 17, 2011).
Contacts: Thomas P. Gies, Ira M. Saxe, Mark A. Romeo
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"Philadelphia Is Latest Jurisdiction to "Ban the Box" in Hiring Processes,"
Labor & Employment Law Alert - US
(May 16, 2011).
Contacts: Kris D. Meade, Glenn D. Grant, Ira M. Saxe, Mark A. Romeo
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"New York State Department of Labor Issues Guidance and Sample Templates in Connection With the New York Wage Theft Prevention Act,"
Labor & Employment Law Alert - US
(April 12, 2011).
Contacts: Ira M. Saxe, Kris D. Meade, Thomas P. Gies, Mark A. Romeo
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"EEOC Issues Final Regulations on ADA Amendments Act of 2008,"
Labor & Employment Law Alert - US
(April 7, 2011).
Contacts: James E. Kellett, Ira M. Saxe, Kris D. Meade, Thomas P. Gies, Mark A. Romeo
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"New York Wage Theft Prevention Act Takes Effect on April 9, 2011,"
Labor & Employment Law Alert - US
(April 4, 2011).
Contacts: Ira M. Saxe, Thomas P. Gies, Kris D. Meade, Mark A. Romeo
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"Oral Complaints are Sufficient to Support an FLSA Retaliation Claim,"
Labor & Employment Law Alert - US
(March 28, 2011).
Contacts: Ira M. Saxe, Thomas P. Gies, Kris D. Meade, Mark A. Romeo
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"NLRB Flexes Its Muscles by Opposing State Constitutional Amendments Requiring the Use of Secret Ballot Elections for Union Representation Purposes and Limiting Deferral to Arbitration,"
Labor & Employment Law Alert - US
(January 26, 2011).
Contacts: Ira M. Saxe, Thomas P. Gies, Kris D. Meade, Mark A. Romeo
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"New York State Hospitality Industry Wage Order Increases the Wages to Be Paid to Tipped Employees and Authorizes Tip Pooling and Tip Sharing,"
Labor & Employment Law Alert - US
(December 23, 2010).
Contact: Ira M. Saxe
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"Proposed OSHA Noise Regulations Reverse Long-Standing Interpretations And Increase Potential Costs To Employers,"
Environment & Natural Resources: Occupational Safety & Health Alerts
(November 24, 2010).
Contacts: Kevin C. Mayer, Clifford J. Zatz, Ira M. Saxe
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"Interim Rule Requires Federal Contractors to Report Executive Compensation and First-Tier Subcontract Awards,"
Labor & Employment Law Alert - US
(July 12, 2010).
Contacts: Kris D. Meade, Rebecca L. Springer, Peter Eyre, Ira M. Saxe
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"New Labor-Rights Poster Requirement for Federal Contractors,"
Labor & Employment Law Alert - US
(May 24, 2010).
Contacts: Rebecca L. Springer, Ira M. Saxe
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"New York State Department of Labor Issues Forms Required When Giving Notice to New Employees Concerning Compensation,"
Labor & Employment Law Alert - US
(December 17, 2009).
Contacts: James E. Kellett, Ira M. Saxe
-
"New York Employers Must Comply With New Notice Requirements,"
Labor & Employment Law Alert - US
(October 27, 2009).
Contacts: Ira M. Saxe, Glenn D. Grant
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"DOL Issues Proposed Rule Implementing Executive Order 13496 - Notice of NLRA Rights ,"
Labor & Employment Law Alert - US
(August 10, 2009).
Contacts: Ira M. Saxe, Kris D. Meade
-
"Obama Administration to Begin E-Verify Enforcement For Certain Federal Contractors on September 8, 2009,"
Labor & Employment Law Alert - US
(July 20, 2009).
Contacts: Kris D. Meade, Ira M. Saxe
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"Hospitals Contracting With HMO to Provide Medical Services to Federal Employees Held to be "Subcontractors" Even Where Subcontract Fails To Include EEO And Affirmative Action Provisions,"
Health Care Alert
(June 17, 2009).
Contacts: Kris D. Meade, Ira M. Saxe
-
"California Supreme Court Leaves Intact Broad Prohibitions On Enforceability Of Non-compete Agreements,"
IP Insights
(August 11, 2008).
Contacts: Mark A. Romeo, James E. Kellett, Ira M. Saxe
-
"California Supreme Court Limits Liability of Individuals for Retaliation Under FEHA,"
Labor & Employment Law Alert - US
(March 11, 2008).
Contacts: Mark A. Romeo, Ira M. Saxe
-
"Crowell & Moring Establishes that an Employer May Unilaterally Exercise Management Rights Implemented after Bargaining Impasse,"
Labor & Employment Law Alert - US
(February 7, 2008).
Contacts: Ira M. Saxe, Glenn D. Grant
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"Commissioned Salespersons in New York State Must, Effective October 16, 2007, Be Paid Under Written Agreements,"
Labor & Employment Law Alert - US
(October 12, 2007).
Contacts: James E. Kellett, Ira M. Saxe, Thomas P. Gies
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