Practice and Industry Groups

Aaron Warshaw

Shareholder New York City

Aaron Warshaw is a founding attorney of Ogletree Deakins’s New York City office. Aaron’s first-chair experience includes representing Fortune 500 companies to small businesses in single-plaintiff and class-action employment cases. He has actively litigated and appeared in jurisdictions throughout New York State, including before federal courts, appellate courts, state courts, and administrative agencies. In addition, Aaron is a trusted advisor for management in navigating and complying with federal, New York State, and New York City employment laws.

Following law school, Aaron served as a judicial law clerk in the Eastern District of New York to the Honorable Ramon E. Reyes, Jr. and the Honorable Arlene R. Lindsay. Because of Aaron’s clerkship and litigation experience, he is adept at identifying efficient and creative litigation strategies.

Aaron has represented a broad range of clients, including in the retail, hospitality, healthcare, technology, and professional services fields. He has experience with a vast number of federal and New York employment matters, including: anti-discrimination laws such as Title VII, ADA, ADEA, Equal Pay Act, and New York State and City Human Rights Laws; wage and hour laws such as the FLSA and New York Labor Law; New York trade secret and restrictive covenant laws; state, federal, and local leave laws such as the FMLA, New York State Paid Family Leave Act, and New York City Sick and Safe Earned Time Act; Title III of the ADA; ERISA; employment contract and implied contract claims; whistleblower claims; WARN Acts; and defamation claims.

Aaron serves as co-chair of the Employment Disputes Committee of the International Institute for Conflict Prevention & Resolution (CPR). He also serves on the Brooklyn Law School Alumni Association Board of Directors. Since 2007, Aaron has been an active member of the Federal Bar Council Inn of Court.


Experience

Aaron served as defense counsel in the following representative New York cases:

Discrimination

  • Plaintiff v. Call Center Employer – Plaintiffs and their union brought alleged class action for violation of Title VII based upon purported discriminatory hiring practices. As lead counsel, obtained dismissal of lawsuit at the pleadings stage. The decision was affirmed on appeal to the Second Circuit.
  • Plaintiff v. Retail Company – Plaintiff alleged disability discrimination. As lead counsel, obtained dismissal on the pleadings. The decision was affirmed on appeal to the Second Circuit.
  • Plaintiff v. Retail Company – Plaintiff alleged discrimination, discrimination, and hostile work environment on the basis of her race. As lead counsel, obtained dismissal of all claims at summary judgment.
  • Plaintiff v. Insurance Brokerage Company – Plaintiff alleged discrimination based on race and national origin, and failure to accommodate disability. As lead counsel, obtained dismissal on the pleadings with leave to replead. Settled on favorable terms following decision.
  • Plaintiff v. Restaurant Franchisee – Plaintiff alleged violation of Title III of the ADA due to alleged access barriers at restaurant. As lead counsel, successfully argued that claims were moot due to modifications. Opposed Plaintiff’s application seeking over $300,000 in fees and costs, with Court reducing award to approximately $45,000.

Restrictive Covenants and Business Disputes

  • Plaintiff v. Insurance Brokerage Company – Plaintiff company alleged that defendant and its employee violated restrictive covenants. Helped obtain summary judgment for defendants. The decision was affirmed on appeal to the Second Circuit.
  • Insurance Brokerage Company v. Defendant – As lead counsel, successfully obtained temporary restraining order and preliminary injunction against former employees. Settled on favorable terms following entry of injunction.
  • Veterinary Service Company v. Defendant – As lead counsel, brought action against former employee for breach of restrictive covenants. Following motion practice, settled on favorable terms.
  • Plaintiff v. International Shipping Company – As lead counsel, successfully opposed application seeking temporary restraining order and preliminary injunction. Settled on favorable terms following denial of injunction.
  • Retail Employer v. former COO – As lead counsel, brought action against former COO for alleged fraud and other acts. Following discovery, settled on favorable terms.
  • Restaurant v. Restaurant – Served as Court-appointed Special Master in trademark dispute. Report and Recommendation was adopted as modified by the District Court, and decision was affirmed on appeal to the Second Circuit.

Wage and Hour

  • Plaintiffs v. Fire Inspection Company – Plaintiffs alleged class violations of the FLSA. As lead counsel, obtained partial summary judgment based upon company’s use of the fluctuating work week method of paying wages. After successfully opposing plaintiffs’ application seeking interlocutory appeal to the Second Circuit, settled on favorable terms.
  • U.S. Department of Labor audit of Armed Vehicle Company – As lead counsel, oversaw and negotiated favorable resolution of wage and hour audit.
  • U.S. Department of Labor audit of Hospitality Resort – As lead counsel, oversaw and negotiated favorable resolution of wage and hour audit.
  • Plaintiff v. IT Services Company – Plaintiff alleged failure to pay unpaid bonus. As lead counsel, obtained favorable decision following evidentiary hearing before arbitrator.

Professional Activities and Speeches

Professional Activities:

  • Co-Chair of Employment Disputes Committee, International Institute for Conflict Prevention & Resolution (CPR)
  • Director, Brooklyn Law School Board of Directors
  • Federal Bar Council Inn of Court
  • Business Council of New York State
  • Association for Corporate Growth
  • Adjunct Instructor of Legal Writing, Brooklyn Law School (2009 to 2012)

Speeches:

  • Ogletree Deakins Workplace Strategies Seminar - ''Skeletons in the Closet and Second Chances: Background Check Update'' - Phoenix - May 10, 2018

Media

Published Works

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Our Insights

Addressing Political Discussions in the Workplace: Six Answers to Employers’ FAQs

November 13, 2018

Racing Against the Clock: New York State Issues Final Guidance on Sexual Harassment Policies and Training

October 03, 2018

The Wait is Over: New York State Model Policy and Training, and New York City Postings Are Here

August 30, 2018

Empire State Update: New York State’s and New York City’s Expansive New Sexual Harassment Laws

May 10, 2018

Westchester County, New York, Joins Albany County and New York City in Prohibiting Salary History Inquiries

April 17, 2018

New Law Permits NYC Employees to Make Temporary Changes to Work Schedules

February 05, 2018

New York Releases Paid Family Leave Statement of Rights and Model Policy Language

December 06, 2017

New York’s Highest Court Establishes Lowered Threshold for Punitive Damages Under New York City Law

December 01, 2017

Albany County: The Newest Jurisdiction to Prohibit Salary History Inquiries

November 29, 2017

New York State Department of Labor Issues Draft Regulations Restricting Call-In Pay Practices

November 22, 2017

NYC Commission on Human Rights Releases FAQs on Salary History Law in Advance of October 31 Effective Date

October 18, 2017

!@#$% Vote Yes for the UNION! Facebook Post Protected by the NLRA? Second Circuit Says Yes

May 03, 2017

New York Adopts Revised Wage Regulations Effective December 31, 2016

December 29, 2016

New York State Department of Labor to Update Existing Minimum Wage Orders

November 07, 2016

New York Attorney General Answers White House’s Call: Promises Bill to Curb Non-Compete Use

November 07, 2016

Election 2016: A Reminder About New York’s Voting Leave Law and Posting Requirements

October 21, 2016

Second Circuit Adopts “Cat’s Paw” Theory of Imputing Nonsupervisory Employee’s Retaliatory Intent to Employer

September 12, 2016

New York Budget Deal Will Bring $15 Minimum Wage and Broad Paid Leave Legislation

April 18, 2016

Everything You Need to Know About New York's New FCA Guidance

November 13, 2015

New York City Issues Fair Chance Act Notice Form for Criminal Background Checks

October 27, 2015

No Credit, No Problem: NYC’s New Guidance Further Limits Employer Credit Checks

September 21, 2015

New York Wage Board Recommends Minimum Wage of $15 per Hour for Fast Food Workers

July 23, 2015

New York City Enacts “Ban the Box” Legislation

July 16, 2015

New York City Moves to “Ban the Box” on Criminal Background Checks in Job Applications

June 12, 2015

New Legislation Promises More Investigations by the New York City Commission on Human Rights

April 30, 2015

A Late Holiday Present from Governor Cuomo: Annual New York Wage Theft Prevention Act Notices Are Not Required Beginning in 2015

December 31, 2014

Reminder: New York’s Minimum Wage Is Increasing to $8.75 Per Hour on December 31, 2014

December 31, 2014

New York City Expands Living Wage Law For City Contractors

October 06, 2014

New York’s Voting Leave Law and Posting Requirements for the Mid-Term Election

October 01, 2014

New York Legislature Repeals Annual Wage Theft Prevention Act Requirement

June 30, 2014

New York Legislature Passes Medical Marihuana Law

June 30, 2014

Rochester, New York Adopts “Ban the Box” Criminal Background Check Law

June 30, 2014

Reminder: NYC Employers Must Provide Pregnancy Accommodation Notices To All Employees by May 30, 2014

May 29, 2014

New York Bankruptcy Court Strikes Defenses to Federal and State WARN Acts

April 30, 2014

New York City Mayor Bill de Blasio Unveils His First State of the City Address and Budget

February 27, 2014

New York City’s New Administration Announces Proposed Changes to Impending Sick Leave Act

January 31, 2014

Reminder: New York Wage Theft Prevention Act Requires Annual Notices to All Employees Between January 1, 2014 and February 1, 2014

December 30, 2013

New York City and State Human Rights Laws Do Not Apply to Unpaid Interns

November 01, 2013

A Reminder About New York’s Voting Leave Law and Posting Requirements for the Off-Year Election

November 01, 2013

New York County Lawyers’ Association Issues Ethics Opinion Restricting Attorneys from Claiming Dodd-Frank Bounties

November 01, 2013

Can Unpaid Interns Sue For Sexual Harassment? New York Court Says No Under City Law

October 18, 2013

New York State Department of Labor Guidelines for Permissible Wage Deductions Are Effective October 9, 2013

October 09, 2013

New York City Council Expands Protection Against Pregnancy Discrimination

September 30, 2013

Second Circuit Dismisses Improper Deductions Class Action Suit Under CAFA and Holds That Liquidated Damages Under New York Labor Law Do Not Apply Retroactively

September 30, 2013

NLRB Did Not Err in Categorically Barring NLRA Back Pay for Undocumented Workers, Second Circuit Holds

August 30, 2013

New York City Council Passes Paid Medical Leave Effective April 2014

June 28, 2013

New York Department of Labor Issues Proposed Guidance for Permissible Wage Deductions

June 28, 2013

Reminder: “Unemployment” Status Is a Protected Category Under New York City Human Rights Law Effective June 11, 2013

June 28, 2013

Second Circuit Reaffirms that Private Prevailing Wage Claims Are Barred by Davis-Bacon Act

June 28, 2013

Southern District Continues Trend to Find Internship Programs Run Afoul of Wage and Hour Laws

June 28, 2013

New York City Council Overrides Mayor Bloomberg’s Veto and Passes Law Prohibiting “Unemployment” Discrimination

March 20, 2013

Third Department Affirms Unemployment Insurance Appeal’s Board Finding of No Misconduct Due to Unintentional Internet Usage

February 28, 2013

New York City Council Passes Bill Prohibiting “Unemployment” Discrimination; Mayor Bloomberg Indicated Intention to Veto Bill

February 28, 2013

Eastern District Concludes that ERISA Preempts Negligent Misrepresentation Claim

February 28, 2013

Settlement of Equal Pay Act Claims by Female Workers Does Not Provide Complete Defense Against a Later Suit by Male Workers for Resulting Unequal Pay

February 28, 2013

Governor Cuomo Proposes Increased Minimum Wage and Significant Changes to New York’s Employment Law in State of the State Address

January 29, 2013

First Department Appellate Court Reinforces Liberal Standard for Hostile Work Environment Claims Under the New York City Human Rights Law

January 29, 2013

Employer’s Requirement That Unpaid Interns Receive College Credit Was Not an Unlawful Deduction from Wages Under New York Labor Law

January 29, 2013

New York Court Holds That Extended Leave of Absence May Be a Reasonable Accommodation Under New York City Human Rights Law

January 29, 2013

E.D.N.Y. Rules That Private Postings on Social Media Relating to Plaintiff’s Mental State Are Fair Game for Discovery

January 29, 2013

Reminder: New York Wage Theft Prevention Act Requires Annual Notices for All Employees by February 1, 2013

January 29, 2013

It’s Election Time! A Reminder Regarding New York’s Voting Leave Law

October 16, 2012

New York Governor Signs Law Expanding Scope of Permissible Wage Deductions

September 10, 2012

Governor Cuomo Signs Law Loosening Strict Interpretation of Unlawful Deductions from Wages

September 10, 2012

Media

Media Quotes

October 30, 2018 - SHRM Online - "Employers Should Defend Civility as the Midterm Elections Near"
April 02, 2018 - WFMY News - "Should It Be Illegal For Employers to Contact You Outside of Work?"
January 10, 2018 - SHRM Online - "Employers: Are Your Labor Law Posters Up to Date?"

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