Advises employers on all facets of domestic and global workplace strategies, compliance, risk-mitigation measures, and litigation, with pioneering experience in AI and tech-driven employment issues
Mark advises companies in New York and around the world on managing their workplace needs, providing support on both day-to-day issues and big-picture workforce strategies. His practice includes counseling employers on compliance, policy development, and litigation avoidance, as well as defending them in workplace-related disputes.
His work spans the full range of workplace matters, including policy and handbook development; risk assessment and litigation avoidance; compliance with anti-discrimination, anti-harassment, wage and hour, and other workplace laws; and conducting internal investigations. He also advises on hiring, discipline, discharge, reductions in force, and restructuring decisions, and provides workplace training. He further counsels clients on enforcement of non-competes and other restrictive covenants; drafting employment, independent contractor, separation, confidentiality, and other workplace-related agreements; government audits and investigations; and the workplace implications of franchisor-franchisee relationships. In addition, as a pioneering technology lawyer, Mark counsels employers on artificial intelligence and tech-related workplace issues.
Mark also defends employers in a wide range of employment litigation matters. He has experience in both federal and state courts, as well as before numerous 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 tort and contract disputes arising from 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 evaluate which matters should be litigated, which should be resolved in an alternative forum, and which should be settled.
Additionally, Mark advises clients on all aspects of employment-related issues in corporate transactions. This includes conducting due diligence in connection with proposed asset and stock purchases; reviewing and editing purchase agreements; preparing employment, retention, and separation agreements in connection with business mergers and restructurings; advising on onboarding employees from predecessor companies; and assisting with the implementation of separation or reduction-in-force programs resulting from corporate transactions.
Mark frequently writes and speaks on employment-related issues. He has appeared on MSNBC Nightly News and has been quoted in outlets including CNN, Yahoo, and Bloomberg.
Lastly, Mark is passionate about mental health issues in the legal profession. He frequently speaks on mental health topics through webinars, bar association events, and other programs.
Experience
Representative matters
Obtain temporary restraining order and preliminary injunction against former employee of financial institution who absconded with company property and information.
Obtained dismissal of New York Labor Law claims relating to alleged failure to pay severance pay and bonuses.
Provided guidance to automobile manufacturer on wage/hour law compliance for time spent waiting for, and participating in, COVID-19 screenings.
Representative Experience
Obtain temporary restraining order and preliminary injunction against former employee of financial institution who absconded with company property and information.
Obtained dismissal of New York Labor Law claims relating to alleged failure to pay severance pay and bonuses.
Provided guidance to automobile manufacturer on wage/hour law compliance for time spent waiting for, and participating in, COVID-19 screenings.
Provided multistate guidance to financial institution on whether employers must reimburse employees who purchase their own work equipment during a mandatory remote work period.
Provided guidance to financial services and transportation clients on modification of vacation/PTO policies in light of COVID-19.
Provided guidance to dozens of clients on federal, state, and local wage/hour law compliance when implementing salary and/or workweek reductions due to the COVID-19.
Provided guidance to non-profit organization on compliance with multistate labor law wage notice requirements for employees onboarding remotely during COVID-19.
Obtained summary judgment on various discrimination, harassment, and retaliation claims brought by former employee of worldwide financial services institution.
Represented national professional services firm against allegations of discrimination before the Connecticut Commission on Human Rights and Opportunities.
Represented international financial services company against allegations of failure-to-hire discrimination before the U.S. Equal Employment Opportunity Commission and in federal court.
Successfully obtained dismissal of Department of Labor investigation against domestic food distributor alleging violations of the H-1B provisions of the Immigration and Nationality Act.
Successfully obtained dismissal of Department of Labor investigation against non-profit organization alleging that its independent contractors were misclassified.
Successfully obtained judgment from Unemployment Insurance Appeal Board that tri-state area auto parts supplier’s independent contractors were properly classified under state law.
Represented tri-state area auto parts supplier in multiple class and collective action lawsuits alleging various wage and hour violations, including independent contractor misclassification.
Represented tri-state area transportation company against multi-plaintiff claims alleging failure to pay minimum wage and overtime compensation, as well as gratuities.
Represented fast food franchisor in Department of Labor investigation alleging improper classification of managers as exempt from federal and state wage and hour laws.
Represented construction company in Department of Labor investigation alleging failure to pay New York State prevailing wage rates.
Represented NYC restaurant in class action lawsuit alleging various wage and hour violations.
Represented telecommunication industry client in multi-plaintiff wage and hour lawsuit.
Represented real estate company against allegations of improper exempt classification and failure to pay minimum wage and overtime compensation.
Represented NYC family-owned restaurant in Department of Labor investigation alleging failure to pay overtime compensation.
Represented family-owned uniform retailer against allegations of failure to maintain proper records, provide annual wage notice and pay overtime compensation.
Represented appliance industry service provider against allegations of overtime violations.
Represented tri-state area transportation company in Department of Labor investigation alleging violations of the federal Motor Carrier exemption.
Represent global consulting company in Workers' Compensation Board audit and appeal.
Represented NYC retail sneaker distributor against allegations that it failed to provide religious accommodations.
Successfully mediated EEOC charges of discrimination and retaliation against tri-state area auto parts supplier.
Successfully obtained dismissal of New York State Division of Human Rights complaint against dresswear manufacturer alleging disability and pregnancy discrimination.
Successfully obtained dismissal of New York State Division of Human Rights complaint against specialty food distributor alleging race discrimination.
Represented fast food franchisor against New York City Commission on Human Rights complaint alleging national origin discrimination.
Represented Long Island restaurant against New York State Division of Human Rights complaint alleging sex discrimination and harassment.
Successfully obtained dismissal of EEOC charge against international executive search firm alleging disability discrimination and retaliation.
Successfully obtained dismissal of New York State Division of Human Rights complaint against NYC retail sneaker distributor alleging sexual orientation discrimination.
Represented NYC private school against claim of sexual orientation discrimination.
Represented national operator of self-storage facilities against sexual harassment and retaliation claims.
Represented national financial institution against equal pay, failure to promote, retaliation and harassment claims.
Represented national financial institution against allegations of disability and criminal record discrimination, retaliation, harassment and defamation.
Represented nonprofit organization against allegations of third-party retaliation by former executive.
Successfully obtained dismissal of EEOC charge alleging retaliation on behalf of New York City-based non-profit organization.
Represented national financial institution against claims of discrimination, breach of contract, breach of implied contract, unjust enrichment, and promissory estoppel by two former employees.
Represented national financial institution in lawsuit alleging violations of federal and state family leave laws.
Represented fast food franchisor in New York State Division of Human Rights investigation alleging age and disability discrimination.
Represented food service operator against allegations of harassment, retaliation and constructive discharge.
Represented national operator of self-storage facilities against disability discrimination claims.
Represented healthcare industry service provider against constructive discharge, retaliation and harassment claims.
Represented a large, quasi-governmental non-profit organization in EEOC investigation alleging multiple failure to promote claims.
Successfully obtained summary judgment, on behalf of building maintenance company, of five-year-old claims of discrimination and retaliation.
Represented national financial institution in lawsuit alleging violations of the Fair Credit Reporting Act.
Member of employment team that, on several corporate transactions, conducted due diligence, strategized about structuring offers to key personnel, and coordinated offer letters and executive agreements.
Recognitions
Recognized by The Best Lawyers in America® (Litigation - Labor and Employment), 2024–2027. A description of the selection methodology can be found at bestlawyers.com.*
Named Top Role Model for Mental Health by the Enable Advocate Role Model List 2025.
Named 2025 Rising Star by Law.com and the New York Law Journal. The Rising Star list is issued by ALM Global. A description of the selection methodology can be found on law.com.*
Credentials
Education
Fordham University School of Law, 2010, J.D., cum laude
Binghamton University, State University of New York, 2007, B.A., summa cum laude
Professional admissions & qualifications
New Jersey
New York
Court admissions
U.S. District Court - District of New Jersey
U.S. District Court - Eastern District of New York
U.S. District Court - Southern District of New York
U.S. District Court - Western District of New York
U.S. Court of Appeals - Second Circuit
Professional affiliations
New York State Bar Association- Labor and Employment section (Wage Hour and New Lawyers Committees)
Member, ALM Media/Law.com Mental Health Advisory Board
What’s new in New York employment law: Key developments to watch through year-end 2026
(2 September 2026)
What’s new in New York City: Further expanded earned safe and sick time obligations for employers
(25 August 2026)
What’s new in U.S. employment reporting requirements: EEOC proposes eliminating EEO-1 and other demographic reporting requirements
(22 July 2026)
What’s new in New Jersey worker classification: District of New Jersey “dances around” conflicting worker classification standards under state and federal law
(13 July 2026)
What's new in: New York’s proposed personnel records access law
(18 June 2026)
DOJ shifts stance on disparate impact — What employers need to know
(15 June 2026)
What’s new in: The Supreme Court holds the FAA Section 1 exemption can reach drivers who never leave their state
(2 June 2026)
What’s new in ABC test rules: New Jersey Department of Labor adopts regulations to “spell out” the ABC’s of worker classification
(14 May 2026)
SB 26-189: Colorado legislature kicks off CAIA rewrite race
(9 May 2026)
What’s new in the restrictive covenant space: Tennessee joins growing list of states adopting non-compete restrictions
(1 May 2026)
From rulemaking to enforcement: The FTC’s non-compete campaign enters a new phase
(1 May 2026)
Going to California: Delaware Court enforces out-of-state forum selection clause in key decision
(24 April 2026)
What’s new in joint employer regulations
(23 April 2026)
Connecticut SB 435: AI in employment decisions — key provisions and implications
(9 April 2026)
Washington State bans virtually all current and future non-compete agreements
(26 March 2026)
A sign of things to come? Washington passes bill banning employee microchipping
(11 March 2026)
DOL proposes new rule on independent contractor classification: What employers need to know
(3 March 2026)
New York amends the "Trapped at Work Act" to clarify employers’ obligations
(19 February 2026)
New Jersey enacts wide expansion of job-protected family leave and benefits
(5 February 2026)
New York State limits employers’ use of credit reports in employment decisions