Andrew P. Marks

Partner
Co-Chair, Labor & Employment Department
amarks@dorflaw.com
914.381.7600   x107
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Admissions:

U.S. Supreme Court

Federal courts of New York & New Jersey

State courts of New York & New Jersey

Education:

J.D., Fordham University School of Law
Fordham Law Review
cum laude

B.A., State University of New York

Memberships:

New York State Bar Association, Labor and Employment Section, Committee Co-Chair

Member New York State, Westchester County & White Plains Bar Association

 

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Drew is a Partner and Co-Chair of the Employment Law Practice at Dorf & Nelson. After more than thirty-five years of practicing in labor and employment law, Drew has experience in virtually every facet of workplace interactions. He is a pragmatic, responsive and efficient resource in avoiding and resolving workplace disagreements relating to discharge and discipline, discrimination, harassment, wage and hour disputes, benefits, leaves, accommodations, retaliation, employment contracts, shareholder agreements and unfair competition.

Drew has successfully tried cases in federal and state courts, in labor and employment arbitration and before administrative agencies, including the National Labor Relations Board and the New York State Division of Human Rights. He also adds value through day-to-day counseling on workplace management and administration, investigating harassment and other employment related complaints, auditing practices and policies to assure compliance with the myriad laws and regulations, and drafting contracts and policies to achieve desired results and avoid liabilities.

Drew is counsel of record in dozens of reported decisions. His notable successes include cases enforcing arbitration agreements, delineating minimum pleading standards for overtime claims, enforcing the theory of inevitable disclosure to prevent a competitor from hiring a former employee; obtaining summary judgment in a nation-wide misclassification class action; and obtaining judgment on the pleadings sustaining the outside sales exemption.

He received an AV Peer Review Rating, Martindale-Hubbell.

Drew has been selected for inclusion in the New York Metro Super Lawyers® list in 2006, 2007, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022.

Drew received the Best Lawyers® 2023 Labor and Employment “Lawyer of the Year” award in White Plains. Drew is also included in the 2023 edition of The Best Lawyers In America® for Labor and Employment.

Pouncy v. Advanced Focus LLC , 763 Fed. Appx. 134 (2d Cir. 2019)(affirming summary dismissal of federal and state race discrimination and retaliation claims)

Rodriguez-Depena v. Parts Authority Inc., 2017 U.S. App. LEXIS 24995 (2nd Cir. 2017)(establishing that FLSA claims may be subject to arbitration and class action waivers)

Banner Industries v. Wicks, 631 Fed. Appx 79 (2nd Cir. 2016) (affirming summary dismissal of unfair competition claim because fact that employee had information belonging to former employer does not give rise to an inference that the information was misappropriated nor that employee used the trade secrets at his new job)

DeJesus v. HF Management Services, 726 F.3d 85 (2d Cir. 2013)(affirming dismissal of overtime claim and establishing requirement that FLSA plaintiff allege more than the statutory language of the FLSA and include facts sufficient to raise a plausible inference of an FLSA overtime violation).

Rockmore v. Antell, 353 F. App’x. 517 (2d Cir. 2009) (affirming the dismissal of discrimination complaint where plaintiff had signed a release, claimed the release was void­­able on economic duress grounds, but failed to make the necessary efforts to void the contract for three years, and thus had ratified the contract)

Deng v. Aramark Educational Group, Inc . 253 Fed. Appx. 84 (2d Cir. 2007)(affirming summary judgment dismissing federal and state national origin and age discrimination claims)

Halstead v. New York City Transit Authority, 78 Fed. Appx. 750 (2d Cir. 2003)(affirming summary dismissal of race discrimination complaint where plaintiff failed to offer strong evidence that finding by arbitration board of non-discriminatory reason for the termination was incorrect)

Butt v. HF Management Serv. LLC, 2020 WL 207393 (E.D.N.Y. 2020)(establishing outside sales exemption on pre-answer motion to dismiss)

Young v. L’Oreal USA, Inc. (SDNY 2018)(successful settlement of disability discrimination claim based on web site access)

Chavez v. L’Oreal Mfg., 2019 WL 2404905 (D. N.J. 2019)(obtaining dismissal of complaint for failure to comply with discovery obligations)

Diaz v. Michigan Logistics, Inc., 167 F. Supp. 3d 375 (E.D.N.Y. 2016)(enforcing arbitration agreement with class action waiver under New York state law)

Scott v. SSP America, Inc., 2011 WL 1204406, 2011 U.S. Dist. LEXIS 32819 (E.D.N.Y. Mar. 29, 2011) (obtaining summary judgment dismissing class and collective misclassification claim by restaurant manager who spent 90% of her time performing nonexempt work based on her deposition testimony that she “multi-tasked” by supervising staff while stocking shelves, working the cash register and bussing tables)

Quantlab Financial, LLC v. Tower Research Capital, 715 F. Supp. 542 (S,D.N.Y. 2010) (obtaining restraining order precluding former employee from joining competitor based on inevitable disclosure doctrine).

Scherer v. Combined Insurance Co., 253 F.R.D. 40 (D. Conn. 2008)(obtaining dismissal of putative nation-wide class action alleging unlawful wage deductions)

Zutrau v. ICE Systems, Inc., 128 A.D.3d 1058 (2nd Dept. 2015)(affirming post-trial defense verdict on claims of sex discrimination, harassment and retaliation)

Eberhart v. HF Management Services, LLC, (NLRB Sept. 14, 2017)(obtained post-hearing dismissal of unfair labor practice charge based on announcement that only designated employees are permitted to speak with the press)

Northeast Logistics, Inc. v. Ramirez, 18-cv-08192 (S.D.N.Y. 2018)(action to confirm arbitration awards holding that delivery drivers were independent contractors rather than employees)