Mark S. Goldstein Photo

Mark’s practice is focused on helping companies in New York and around the world manage their workplace needs. To that end, Mark counsels clients on a variety of day-to-day and big-picture workplace issues.

These issues include policy and handbook development; risk assessment and litigation avoidance; compliance with and overseeing anti-discrimination/harassment and other workplace laws; wage and hour compliance; conducting internal investigations; hiring, discipline, discharge, reduction-in-force, and restructuring decisions; providing workplace training; enforcement of non-competes and other restrictive covenants; drafting employment, independent contractor, separation, confidentiality, and other workplace-related agreements; government audits and investigations; and COVID-19-related workplace issues. Additionally, as a pioneering technology lawyer, Mark regularly regularly provides counsel and representation on artificial intelligence matters involving workplace issues.

Mark also defends employers in a wide range of employment litigation matters. He has experience in both federal and state court, as well as before a multitude of government agencies, and has defended both single-plaintiff and class action claims involving discrimination, harassment, retaliation, wage and hour violations, leaves of absence, misappropriation of trade secrets, and other torts and contract disputes arising out of the employment relationship. Mark has also represented clients in litigation involving restrictive covenants. He works with clients at every step of the litigation process to determine which cases should be litigated, which should be resolved in an alternative forum, and which can and should be settled.


  • 福特汉姆大学法学院, 2010, 法学博士, cum laude
  • Binghamton University, State University of New York, 2007, 学士, summa cum laude

  • 新泽西州
  • 纽约

  • U.S. District Court - District of New Jersey
  • 美国纽约东区联邦地区法院
  • 联邦地区法院 – 纽约南部地区
  • U.S. District Court - Western District of New York
  • U.S. Court of Appeals - Second Circuit

  • New York State Bar Association- Labor and Employment section (Wage Hour and New Lawyers Committees)
  • Member, ALM Media/ Mental Health Advisory Board


  • Selected through peer review for inclusion in The Best Lawyers in America© for Litigation - Labor and Employment, 2024. The Best Lawyers in America is issued by Best Lawyers. A description of the selection methodology can be found at No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 
  • Named a 2021 role model by InsideOut LeaderBoard. The role model list is issued by InsideOut LeaderBoard. A description of the selection methodology can be found at
  • Selected as an ALM Northeast Trailblazer by the American Lawyer. The Northeast Trailblazers list is issued by The American Lawyer. A description of the selection methodology can be found at No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
  • Selected for inclusion in the New York Metro Super Lawyers Rising Stars list for Employment & Labor: Employer, 2015-2023. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found at No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
  • Named 2020 New York Trailblazer by the New York Law Journal. The NY Trailblazers list is issued by the New York Law Journal. A description of the selection methodology can be found at No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Notable Quotes

  • 21 July 2023 “Proposal to ban noncompete agreements” FOX 5 New York
  • 11 January 2023 “The FTC wants to ban noncompetes. What does HR need to know?” Human Resource Execuitve
  • 10 January 2023 “How employers should respond after the FTC’s noncompete ban” The Business Journals
  • 6 January 2023 “Feds Push to End Noncompete Agreements” Society for Human Resource Management
  • 2 December 2022 “Bracing for the effects of new wage transparency laws across the country” Reuters
  • 4 November 2022 “The New Future of Workplace Privacy in New York and Beyond” New York Law Journal
  • 3 November 2022 “Does The ADA Require Employers To Let Workers Relocate?” Law360 Employment Authority
  • 1 November 2022 “Macy’s, Nordstrom, Tapestry and More Disclose Salary Ranges Ahead of New Law Deadline” Footwear News
  • 15 August 2022 “Workplace arbitration agreements: where we are and where we’re going” Reuters
  • 25 May 2022 “NLRB general counsel pushes for significant restrictions on employer rights” Reuters
  • 3 March 2022 “How ESG is changing the landscape in labor and employment law” Reuters
  • 7 February 2022 “How New York City’s Salary Transparency Law Could Worsen Labor Issues in the City ‒ and Benefit Remote Workers” Footwear News
  • 3 February 2022 “Tears, Ted Lasso, and Trauma: How a Television Show Unexpectedly Impacted my Mental Health Journey” Medium
  • 31 January 2022 “What businesses should know about the new law requiring salaries in job ads” Crain’s New York
  • 27 January 2022 “New York Will Require Employers to Disclose Monitoring to New Hires” Insurance Journal
  • 26 January 2022 “New York to Require Employers to Disclose Worker Monitoring” Bloomberg Law
  • 4 January 2022 “Playbook for 2022: How employers can approach Covid-19 testing” The Business Journals
  • 3 January 2022 “NY, Calif. Laws Discrimination Lawyers Should Watch In 2022” Law360 Employment Authority
  • 20 December 2021 “Legal considerations for managing remote employees” Reuters
  • 15 December 2021 “NYC Lays Out Guidance For New Workplace Vaccine Mandate” Law360 Employment Authority
  • 17 November 2021 “Who will pay for Covid testing? Here's what businesses should consider.” Business Journals
  • 16 November 2021 “Biden Shot-or-Test Mandate Collides with Faith-Based Objections” Bloomberg Law
  • 6 November 2021 “Airline staffers won't have to be vaccinated before the holiday travel season ‒ but tension and uncertainty remain in wake of extended vaccine deadline” Insider
  • 4 November 2011 “What Employers Need To Know About DOL's Vax-Or-Test Rule” Law360 Employment Authority
  • 4 November 2011 “Expert insights: What businesses need to know about the OSHA vaccine mandate rule” Biz Journals
  • 28 October 2021 “Legalities and issues in the new normal” UBS Financial Services
  • 23 October 2021 “Don't expect all of your pilots, flight attendants, or airport workers to be vaccinated this holiday travel season despite Biden's vaccine mandates” Insider
  • 19 October 2021 “Covid vaccine mandate battles heat up across U.S.” NBC News
  • 18 October 2021 “Conflicting federal, state COVID-19 vaccine requirements have hospitals trapped in noncompliance” Fierce Healthcare
  • 1 October 2021 “What does the future hold for restrictive covenant agreements in the U.S.?” Reuters
  • 23 September 2021 “NYC Passes Laws To Better Food Delivery Worker Conditions” Law360
  • 14 September 2021 “Questions Remain About How Vax Mandate Will Affect Firms” Law360
  • 30 August 2021 “Workers Citing Faith To Dodge Vax May Tie Employers’ Hands” Law360
  • 28 August 2021 “To encourage vaccinations, more US firms turn to incentives ‒ and threats” France 24
  • 12 August 2021 “Can Employers Mandate a Vaccine Authorized for Emergency Use?” Society for Human Resource Management
  • 9 July 2021 “4 Employer Takeaways From NY's New Airborne Virus Law” Law360
  • 9 July 2021 “The trucking industry is doubling down on booting marijuana smokers, and it's getting a little ridiculous”
  • 8 July 2021 “Biden's Call For Worksite COVID Shots Faces Uphill Climb” Law360
  • 6 June 2021 “Osaka’s French Open exit spotlights employment disability issues” Business Insurance
  • 15 May 2021 “City businesses left wondering on new CDC mask rules” Crain’s New York
  • 24 April 2021 “Employers chart unknown waters on worker vaccines” Crain’s New York
  • 22 April 2021 “When Should Employers Consider Lifting Mask Mandates?” Society for Human Resource Management
  • 23 March 2021 “Can Employers Mandate a Vaccine Authorized for Emergency Use?”
  • 22 March 2021 “American Rescue Plan Act Doesn’t Require Leave” Society for Human Resource Management
  • 15 March 2021 “American Rescue Plan Act Doesn’t Require Leave”
  • 12 March 2021 “Jabs for jobs? What to know when putting together your firm’s vaccination policy” The Drum
  • 17 February 2021 “Will offering employees vaccination incentives work?” NPR Marketplace
  • 1 February 2021 “DOL Withdraws Three Opinion Letters on Wage and Hour Rules"
  • 25 January 2021 “More Opinion Letters Issued in Final Days of Trump Administration”
  • 3 January 2021 “Wage And Hour Cases To Watch in 2021” Law360
  • 15 December 2020 “Will the Senate Save FFCRA?”
  • 30 October 2020 “Bar Mental Health Questions Deter Treatment, Advocates Say” Bloomberg Law 
  • 22 October 2020 “‘Love Contracts’ Go Mainstream as Employers Track Office Romance” Bloomberg Law
  • 31 August 2020 “Temperature Screenings: Review State Laws” 
  • 20 July 2020 “State Quarantine Mandates Complicate Business Travel”
  • 18 July 2020 “COVID-19 Deals a Dual Threat to Older Workers”
  • 29 February 2020 “Law students say they don't get mental health treatment for fear it will keep them from becoming lawyers. Some states are trying to change that” 
  • 9 July 2019 “New York anti-discrimination law heightens risks for employers” Business Insurance
  • 16 October 2016 “FLSA Violations You Must Avoid,”
  • 17 March 2016 “NYC grocery store law seen as part of anti-employer trend,”
  • 8 July 2015 "Explaining the Unpaid Internship Enigma,” Human Resource Executive Online
  • 9 June 2015 "Labor Dept. Issues Updated FMLA Forms," Corporate Counsel
  • 20 October 2014 "The Complete Guide to Human Resources and the Law" (2015 ed.), Dana Shilling,  (sec. 1, p. 35)
  • 15 April 2015 "Employee Classification of Company Bloggers," Corporate Counsel 
  • 22 August 2014 "Proposal For Helping Criminals Rejoin Society Could Trip up NYC Employers," New York Business Journal 
  • 20 August 2014 “'Ban the Box' Bill Worries Businesses,” Crain’s New York Business 
  • 7 February 2014 "Labor Protections For Young Models Make Runway Debut,” Law360