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Mark Tabakman, Human Resource Expert

Mark Tabakman

Mark is a labor and employment lawyer at Fox Rothschild, LLP who handles both union and non-union matters for employers across the country. He counsels human resource professionals and in-house counsel in complying with the myriad federal/state employment laws to provide creative, practical and cost-effective solutions to employment issues and problems.

Mark concentrates in wage-hour law. He has extensive wage-hour experience and has represented more than 200 clients before the United States and many state Departments of Labor on misclassification (i.e. exemption), working time, child labor and other issues. He has deep experience in construction wage-hour law, where he represents construction contractors and sub-contractors in federal Department of Labor Davis-Bacon cases and audits, Service Contract Act cases and audits, state Department of Labor prevailing wage inspections, audits and debarment proceedings.

Mark publishes the Wage & Hour -- Developments & Highlights Blog to provide the latest information and his observations on new developments in wage-hour law, such as class actions, exemption/misclassification and working time issues.

He has defended a number of individual plaintiff and class overtime actions brought under the Fair Labor Standards Act and various state laws. Some of his representative matters include:

  • A case of first impression, UTU, Local 1759 v. ONE Bus Company, 111 F.Supp.2d 514 (D.N.J. 2000), in which hesuccessfully relied upon a single U.S. Department of LaborOpinion Letter to defeat a class action in which the agreed-upon damages were $750,000.
  • In Moeck v. Gray Supply Company, another class action, he defeated a motion for conditional class certification and succeeded in having the action dismissed via summary judgment, an uncommon occurrence at such an early stage in a class action.
  • In Kavanaugh v. Grand Union, 192 F.3d 269 (2d Cir. 1999), the Second Circuit agreed with his argument that travel time of four to six hours was "ordinary" home-to-work commutation and therefore non-compensable.
  • Where the New Jersey Department of Labor made a preliminary overtime assessment of more than $400,000, he was able, in a single meeting with Department officials, to secure complete rescission of the overtime assessment and settle the case for a nominal record keeping penalty.
  • In August 2009, in a case of first impression in the District of New Jersey, he successfully utilized an Offer of Judgment under Federal Rule of Civil Procedure 68 to dismiss an FLSA collective action.

Mark has concentrated on the high profile, large-dollar exposure issue of exemption misclassification affecting the financial services and banking industries. He has presented at national conferences, addressed these issues in his wage-hour blog and has defended financial services employers in DOL audits.

Mark also has a strong background in traditional labor law. He has acted as Chief Spokesperson at numerous labor negotiations. He has arbitrated numerous cases involving both wrongful discharge and contract interpretation claims. He has defended employers in numerous NLRB proceedings, representational and unfair labor practice. He has also litigated several non-compete/restrictive covenant cases (on both the plaintiff and defendant side) as well as employment discrimination cases in federal and state courts.

Mark is a frequent guest speaker on wage-hour and employment law issues and has appeared on local and national television programs commenting on these matters. He authored a weekly column on labor and employment issues titled 'Making the Law Work.'

Mark has been included in the list of New Jersey "Super Lawyers" in the field of Labor & Employment (2013-2014) and in "Super Lawyers Business Edition" in the area of Employment and Labor Law (2013).

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