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, 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


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.

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Firm News & Announcements

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