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.

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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.

Education

  • J.D., cum laude, Brooklyn Law School, 2007
  • B.A., Wayne State University, 2001

Admittance to Practice

  • New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of New York

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
  • October 30, 2018 - SHRM Online - "Employers Should Defend Civility as the Midterm Elections Near"
  • April 2, 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?"
  • December 5, 2017 - SHRM Online - "DOL Announces Proposed Rule to Expand FLSA Tip Sharing"
  • June 15, 2017 - SHRM Online - "New York City Fast-Food and Retail Employers Must Note New Scheduling Laws"
  • April 13, 2017 - SHRM Online - "Save Old Labor Law Posters, Display New Ones"
  • January 9, 2017 - Human Resource Executive - "Curtailing Credit Checks"
  • Super Lawyers Rising Star (2014-present)
  • Editor-in-Chief, Brooklyn Journal of International Law
  • Moot Court Honor Society
  • Law Student Legal Ethics Award, New York State Bar Association

Insights by Aaron Warshaw