People: Howard M. Wexler, Associate

Photo of Howard M. Wexler, Associate

Howard M. Wexler

Associate

New York
Direct: (212) 218-3332
Fax: (917) 344-1314
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Howard M. Wexler is an associate in the Labor and Employment group in Seyfarth Shaw’s New York office. His practice includes the representation of management in employment litigation matters before state and federal courts, at trial and appellate levels, as well as federal and state agencies, including the National Labor Relations Board, Equal Employment Opportunity Commission, Department of Labor, New York State Division of Human Rights and New Jersey Division on Civil Rights.  In this role, Mr. Wexler has extensive experience defending both single and multi-plaintiff discrimination/harassment cases, class and/or collective actions, as well as lawsuits initiated by the EEOC.  He has represented employers in class and collective actions and multi-plaintiff claims involving discrimination/harassment on the basis of age, race, gender, national origin, and other protected classifications as well as whistleblower actions, including under New Jersey’s Conscientious Employee Protection Act (“CEPA”).  His wage-and-hour experience includes the defense of major class action claims involving meal breaks, rest breaks, misclassification, and work-off-the-clock allegations.

Mr. Wexler also counsels employers on preventative practices to minimize workplace disputes, including advising employers on issues relating to personnel handbooks and policies, employee relations, internal complaints and investigations, FMLA and ADA issues, as well as other employment issues which employers face routinely. He provides training for attorneys, executives, human resources professionals, and managers on best EEO practices, preventing sexual harassment, and avoiding employment litigation claims. Mr. Wexler also defends clients in lawsuits arising under Title III of the Americans with Disabilities Act and related New York state and New York City disability access laws. 

As part of his traditional labor law practice, Mr. Wexler counsels and represents employers in disputes arising from collective bargaining relationships in both grievance and arbitration proceedings and has defended unfair labor practice claims before the National Labor Relations Board (NLRB).

Mr. Wexler has lectured on employment matters, including discrimination and harassment avoidance, workplace investigations, reductions in force, 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. Mr. Wexler is also a frequent contributor to, and often quoted in, publications including Newsday, Corporate Counsel and the Long Island Business News dealing with issues relating to labor and employment law.

Howard M. Wexler is an associate in the Labor and Employment group in Seyfarth Shaw’s New York office. His practice includes the representation of management in employment litigation matters before state and federal courts, at trial and appellate levels, as well as federal and state agencies, including the National Labor Relations Board, Equal Employment Opportunity Commission, Department of Labor, New York State Division of Human Rights and New Jersey Division on Civil Rights.  In this role, Mr. Wexler has extensive experience defending both single and multi-plaintiff discrimination/harassment cases, class and/or collective actions, as well as lawsuits initiated by the EEOC.  He has represented employers in class and collective actions and multi-plaintiff claims involving discrimination/harassment on the basis of age, race, gender, national origin, and other protected classifications as well as whistleblower actions, including under New Jersey’s Conscientious Employee Protection Act (“CEPA”).  His wage-and-hour experience includes the defense of major class action claims involving meal breaks, rest breaks, misclassification, and work-off-the-clock allegations.

Mr. Wexler also counsels employers on preventative practices to minimize workplace disputes, including advising employers on issues relating to personnel handbooks and policies, employee relations, internal complaints and investigations, FMLA and ADA issues, as well as other employment issues which employers face routinely. He provides training for attorneys, executives, human resources professionals, and managers on best EEO practices, preventing sexual harassment, and avoiding employment litigation claims. Mr. Wexler also defends clients in lawsuits arising under Title III of the Americans with Disabilities Act and related New York state and New York City disability access laws. 

As part of his traditional labor law practice, Mr. Wexler counsels and represents employers in disputes arising from collective bargaining relationships in both grievance and arbitration proceedings and has defended unfair labor practice claims before the National Labor Relations Board (NLRB).

Mr. Wexler has lectured on employment matters, including discrimination and harassment avoidance, workplace investigations, reductions in force, 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. Mr. Wexler is also a frequent contributor to, and often quoted in, publications including Newsday, Corporate Counsel and the Long Island Business News dealing with issues relating to labor and employment law.

Education

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

Admissions

  • New York
  • New Jersey

Courts

  • U.S. Court of Appeals for the Second and Third Circuits
  • U.S. District Court for the District of Connecticut
  • U.S. District Courts for the Eastern, Southern, Northern, and Western 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, Executive Committee)

Representative Engagements

  • Moore v. Verizon New York Inc. et al., 13-cv-6467(RJS) (S.D.N.Y. Feb. 5, 2016) (obtained full dismissal via motion to dismiss multi-count discrimination, harassment and retaliation, including claims under the NYCHRL)
  • Carter v. Verizon New York Inc. et al., 13-cv-6467(RJS) (S.D.N.Y.April 23, 2015) (obtained full dismissal via motion to dismiss multi-count complaint by former employee alleging discrimination, harassment and retaliation)
  • Ward v. Verizon New York Inc. 14-cv-2841 (JBW)(RER) (E.D.N.Y. June 11, 2014) (argued and on brief in case dismissing petition to vacate labor arbitration award)
  • Brown v. Somer's Bldg. Maint., 2014 U.S. Dist. LEXIS 80916 (D.N.J. June 10, 2014) (obtained full dismissal on motion for summary judgment of discrimination, hostile work environment and retaliation claims brought under Title VII)
  • Rodridguez v. Ready Pac Produce et al., 2014 U.S. Dist. LEXIS 64139 (D.N.J. May 9, 2014) (obtained dismissal on motion to dismiss on all claims, including claims for wrongful termination, unjust enrichment, discrimination, retaliation, and emotional distress)
  • Harris v. Ready Pac Florence Partnership, Superior Court of New Jersey, Appellate Division, Docket No. A-3192-11T2 (February 19, 2014) (obtained full dismissal of challenge of New Jersey Division on Civil Rights’ finding of no probable cause in claim of discrimination based on race and age in violation of the Law Against Discrimination)
  • Rodriguez v. Springhill Suites by Marriott, 2014 U.S. Dist. LEXIS 16605 (D.N.J. Feb. 10, 2014) (granting motion to dismiss common law wrongful discharge claim)
  • McLeod v. Verizon New York, Inc., 13-cv-01751 (ADS)(AKT) (E.D.N.Y. Feb. 1, 2014) (motion to dismiss granted based on Section 301 preemption of wrongful termination and constitutional law claims)
  • Berridge v. Nalco Co., 2014 U.S. Dist. LEXIS 11409 (D.N.J. Jan. 30, 2014) (obtained full dismissal on motion for summary judgment of FMLA retaliation and interference and New Jersey state law claims alleging defamation and Violation of Duty of Good Faith and Fair Dealing)
  • Phillips v. Verizon New York, Inc. et. al. Index No. 100823/2013 (EAR) (N.Y. Sup. Ct. New York County, September 20, 2013) (obtained full dismissal on motion to dismiss of all claims in Article 78 challenge of NYS Division of Human Rights finding of no probable cause in claims of discrimination based on race, color and disability)
  • Walker v. New York City Fire Department, et. al., Index No 010394/2012 (N.Y. Sup. Ct., Kings County) (argued and on the brief in case dismissing allegations of intentional infliction of emotional distress, negligence and breach of contract against contractor of New York City)
  • Hearne v. Best Buy Stores, L.P. Civil Action No. CPU4-13-000795 (Del. Court of Common Pleas, May 31, 2013) (granting motion to dismiss complaint alleging failure to pay wages under state law and negligence)
  • Archut v. Ross Univ. Sch. of Veterinary Med., 2012 U.S. Dist. LEXIS 164960 (D.N.J. Nov. 19, 2012) (granting summary judgment over Plaintiff’s claims under the Rehabilitation Act, Americans with Disabilities Act and New Jersey Law Against Discrimination on grounds of extraterritoriality)
  • Ahmed v. Interstate Mgmt. Co., 11-cv-683 (FSH) (PS) (D.N.J. July 25, 2012)  (obtained full dismissal on motion for summary judgment of race, national origin, and religious discrimination and retaliation lawsuit brought under the New Jersey Law Against Discrimination)
  • Cohen v. Avanade, Inc.,11 Civ. 4314 (JMF) (S.D.N.Y. June 15, 2012) (obtained full dismissal pursuant to Rule 12(b)(6) of former employee's six count complaint alleging causes of action for breach of contract, negligent misrepresentation, fraudulent inducement and professional embarrassment)
  • 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)

Presentations

  • Presenter, “New York Employment Law: 2017 Forecast,” Breakfast Briefing, presented by Seyfarth Shaw LLP, New York, NY (February 15, 2017)
  • “Minimizing Liability with Employee Handbooks,” Breakfast Briefing presented by Seyfarth Shaw LLP, New York, NY (March 15, 2016)
  • Co-Presenter, “EEOC Conciliation Efforts: Reviewability - Truth & Consequences for Employers in 2015 & Beyond,” The Knowledge Group/The Knowledge Congress, Webinar (December 4, 2015)
  • Co-Presenter, "How Much Is Enough?:  Pleading (and moving to dismiss) Discrimination Claims In Light of Littlejohn and Vega," New York State Bar Association, Labor and Employment Section, Webinar (November 30, 2015)
  • Co-Presenter, “Legal Update for New Jersey Employers on New Jersey’s Conscientious Employee Protection Act (CEPA) Whistleblower Statute,” Seyfarth Shaw Webinar (November 12, 2015)
  • Panelist, "Updates on Case Law Including U.S. Supreme Court Cases" ACI’s 24th National Conference on Employment Practices Liability Insurance, New York, New York (July 27, 2015)
  • Co-Presenter, “Managing a Remote Workforce: Legal and Practical Implications Employers Should Consider,” Seyfarth Shaw Breakfast Briefing, New York, New York (September 24, 2014)
  • Panelist, "Tackling Labor & Employment Issues in Professional Sports and Beyond," Asian American Bar Association of New York Fall Meeting, New York, New York (September 20, 2014)
  • Panelist, " Big Brother Is Watching...But Is It Legal? A Review of Current Issues Relating to Background Checks," New York State Bar Association, Labor and Employment Section Fall Meeting, Ithaca, New York (September 13, 2014)
  • Panelist, " Employment Law Training for Mediators U.S. District Court  for the Southern District of New York," Co-Sponsored by the American Bar Association - Section of Labor and Employment Law, Cornell ILR-Labor and Employment Law Program, National Employment Lawyers Association - New York Chapter, New York City Bar Association - Labor and Employment Law Committee and New York State Bar Association - Labor and Employment Law Section, White Plains, New York (March 11, 2014)
  • Panelist, "Present and Accounted For:  Labor Laws Affecting Military Service Members," New York State Bar Association, Labor and Employment Section Fall Meeting, Ontario-on-the-Lake, Canada (October 5, 2013)
  • Co-Presenter, “Avoiding Litigation Risks During Periods of Downsizing and Reductions in Force,” Seyfarth Shaw Breakfast Briefing, New York, New York (April 17, 2013)
  • Panelist, "When a Time-Out is Not Enough: Dealing With Behavioral Problems of Unit Owners Incapable of Caring for Themselves," New York State Bar Association, Real Property Section Annual Meeting, New York, New York (January 24, 2013)
  • Co-Presenter, “Legal Issues Involving Discipline and Investigations in the Digital Age," Nassau Academy of Law, Mineola, New York (November 19, 2009)
  • Co-Presenter, “Legal Issues and Investigations Involving Student and Staff Discipline in the Digital Age," Mid-Hudson School Study Council, Newburgh, New York (March 12, 2009)

Publications

Accolades

  • Super Lawyers New York Metro 2014–2017 - Rising Stars - Employment Litigation: Defense