People: Howard M. Wexler, Associate

Howard M. Wexler

Associate

New York
Direct: (212) 218-3332
Fax: (917) 344-1314
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Biography

Mr. Wexler is an associate in the Labor and Employment Department in the New York office of Seyfarth Shaw LLP. Mr. Wexler represents and counsels employers in all areas of labor and employment law, including workplace investigations, employee discipline and discharge, personnel policies, employment contracts and severance agreements, union grievances, anti-discrimination and anti-harassment training, and compliance with the Fair Labor Standards Act, Family and Medical Leave Act and other employment laws. He also represents employers in discrimination claims, employment litigation, and unfair labor practice proceedings before Federal and State agencies and courts. Mr. Wexler has lectured on employment matters, including discrimination and harassment avoidance, workplace investigations and Federal and State wage and hour laws. He has taught Employment Law at the Pratt Institute and the New School as an adjunct professor.

Prior to joining the firm, Mr. Wexler was an associate in the Labor and Employment Department of Bond, Schoeneck & King PLLC.

 

Mr. Wexler is an associate in the Labor and Employment Department in the New York office of Seyfarth Shaw LLP. Mr. Wexler represents and counsels employers in all areas of labor and employment law, including workplace investigations, employee discipline and discharge, personnel policies, employment contracts and severance agreements, union grievances, anti-discrimination and anti-harassment training, and compliance with the Fair Labor Standards Act, Family and Medical Leave Act and other employment laws. He also represents employers in discrimination claims, employment litigation, and unfair labor practice proceedings before Federal and State agencies and courts. Mr. Wexler has lectured on employment matters, including discrimination and harassment avoidance, workplace investigations and Federal and State wage and hour laws. He has taught Employment Law at the Pratt Institute and the New School as an adjunct professor.

Prior to joining the firm, Mr. Wexler was an associate in the Labor and Employment Department of Bond, Schoeneck & King PLLC.

 

Education

  • J.D., Boston University School of Law (2007)
    cum laude
    Paul J. Liacos Scholar, Honors in the Litigation and Dispute Resolution Concentration
  • B.S., Cornell University (2004)
    Industrial and Labor Relations

Admissions

  • New Jersey
  • New York

Courts

  • U.S. District Courts for the Eastern and Southern Districts of New York
  • U.S. District Court for the District of New Jersey

Affiliations

  • American Bar Association
  • New York State Bar Association (Labor and Employment Law Section)
  • Nassau County Bar Association

Representative Engagements

  • Paulino v. Hazel I d/b/a McDonald's, Case No. MID-L-10469-09 (N.J. Sup. Ct., Middlesex County, October 28, 2011) (obtained full dismissal on motion for summary judgment of sexual harassment and hostile work environment claims brought under New Jersey Law Against Discrimination)
  • Spataro v. Glenwood Supply, Case. No. 10-cv-04792 (DLI)(CLP) (E.D.N.Y. October 14, 2011) (obtained full dismissal on motion to dismiss age discrimination claim)
  • Guardino v. Vill. of Scarsdale Police Dep't, 2011 U.S. Dist. LEXIS 100200 (S.D.N.Y. Sept. 6, 2011) (CM) (obtained full dismissal on motion to dismiss disability discrimination claim)
  • Jodre v. Locust Valley Central School District, 2011 NY Slip Op 31076(U) (N.Y. Sup. Ct., Nassau Cty April 14, 2011) (dismissing Article 78 proceeding brought by former District employee regarding the District's abolition of her tenured position of Director of Guidance)
  • Matter of Cappellino v. Town of Somers, 2011 NY Slip Op 3234 (N.Y. App. Div. 2d Dep't 2011) (obtained full dismissal of former police officers' Article 78 petition seeking reimbursement of certain retiree health care costs)
  • Milne v. Navigant Consulting, 2010 U.S. Dist. LEXIS 115650 (S.D.N.Y. Oct. 27, 2010) (NRB) (obtained dismissal on FMLA entitlement and retaliation claims as well as claim of retaliation under Title VII)
  • Local 237 v. Town of Islip, Index No. 022158/2009 (N.Y. Sup. Ct., Suffolk County, February 25, 2010) (dismissing Article 78 proceeding brought by union to vacate arbitration award on grounds of arbitrator partiality and that the arbitrator exceeded his powers under the applicable collective bargaining agreement)
  • Milne v. Navigant Consulting, 2009 U.S. Dist. LEXIS 112632 (S.D.N.Y. Nov. 30, 2009) (NRB) (obtained dismissal on motion to dismiss of claims of race, national origin and marital status discrimination, constructive discharge and a hostile work environment)
  • William Floyd Union Free School District and United Public Service Employees Union and Civil Service Employees Association, Inc. Local 1000, AFSCME, AFL-CIO, Case No. C-5903 (New York State Public Employment Relations Board, June 16, 2010) (dismissing union's petition and finding that a combined bargaining unit of all security personnel was most appropriate)
  • Scarsdale Police Benevolent Association and Village of Scarsdale, Case No. U-27957 (New York State Public Employment Relations Board, September 8, 2010 (dismissing union's failure to negotiate hourly rate of pay as Village established duty satisfaction defense based upon a clause in the parties' collective bargaining agreement)

Presentations

  • “Legal Issues Involving Discipline and Investigations in the Digital Age,” Nassau Academy of Law (November, 2009)
  • “Legal Issues and Investigations Involving Student and Staff Discipline in the Digital Age,” Mid-Hudson School Study Council (March, 2009)

Publications

  • Contributing Author, The Workplace Class Action Blog
  • Co-author, “Tips on Limiting Employer Liability at Company Parties,” HR Advisor, Volume 18, Issue 1, (2012)
  • “Teacher and Principal Evaluation Overhaul Signed Into Law,” Nassau Lawyer, Volume 60, No. 1, (2010)
  • “NY’s Domestic Workers Bill of Rights,” Employment Law 360 (September 2010)
  • Co-author, “Legality of a Wage Freeze for Public Sector Employees and the State’s Attempt to Impose Unpaid Furloughs,” New York State Public Employer Labor Relations Association Inc. Newsletter (May 2010)
  • “CDC Guidance: Preparing For H1N1,” Employment Law360 and Health Law 360 (September 2009)
  • Contributing Editor, The Fair Labor Standards Act, 2009-2011 Cumulative Supplements published by BNA and the American Bar Association.
  • Contributing Editor, The Family Medical Leave Act, 2009-2011 Cumulative Supplements published by BNA and the American Bar Association.
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