Mark J. Swerdlin

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Mark J. Swerdlin

Mark J. Swerdlin
Phone: 410-843-3468
Fax: 410-752-8861
E-Mail: swerdlin@shawe.com

Mark has extensive experience defending employers with respect to age, race, gender, disability, and national origin discrimination claims, sexual harassment, wrongful discharge, and various contract and tort actions. His practice requires him to routinely appear before state and local administrative agencies, as well as federal and state courts throughout the country. Mark has prosecuted and defended numerous cases concerning the enforcement of Non-Compete/Non-Solicitation Agreements. In the traditional labor law area, Mark guides employers through representation and unfair labor practice cases before the NLRB and advances employer interests in collective bargaining and arbitration proceedings.

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In addition to defending claims, Mark devotes considerable attention to counseling clients with respect to compliance with various employment-related statutes in an effort to avoid litigation, including wage and hour issues under the Fair Labor Standards Act and various state wage payment statutes, the Americans with Disabilities Act, the Family and Medical Leave Act, and the federal Plant Closing Act (WARN).

While representing clients in many fields, Mark has particular expertise in the healthcare and hospitality industries.

Mark has spoken at numerous Bar Association seminars, and has authored many publications, including a law review article on the vesting of severance pay benefits, a law journal article on the enforceability of non-compete agreements, and the legal analysis section of a BNA special report on the federal plant closing act. He is also a co-author of the “Employment Law Deskbook” (1989, Matthew Bender). In addition, he is a Contributing Editor of the “Maryland Human Resources Manual,” and “Model Policies and Forms for Maryland Employers” publications of the Maryland Chamber of Commerce.

Practice Areas

  • Alternative Dispute Resolution
  • Collective Bargaining/Labor Contract Negotiations
  • Discrimination, Harassment and Retaliation
  • Employment, Non-Compete/Non-Solicit, Confidentiality and Severance Agreements
  • Employment Litigation, including complex Class and Collective Actions
  • FMLA/ADA/Workers’ Compensation Leave Management
  • Grievances and Labor Arbitration
  • Human Resources Advice and Counsel
  • Independent Contractor Issues
  • Plant Closings and Reduction in Force (WARN)
  • Protected Concerted Activity Charges and Social Media Litigation
  • Strikes and Picketing
  • Union Avoidance
  • Wage and Hour Compliance and Litigation

Honors

  • Super Lawyers, 2017, 2018
  • Chambers USA, 2016- present
  • Martindale-Hubbell® Peer Review Ratings™ AV5.0

Memberships

  • American Bar Association
  • Maryland State Bar Association
  • Advisory Board Member, “You and the Law,” National Institute of Business Management, 1998-present
  • Advisory Panel Member, “Wage-Hour Alert,” Aspen Publishers, 1999-present

Education

  • Georgetown University Law Center, J.D., cum laude, 1984
  • University of Maryland, B.A., summa cum laude, 1981

Bar Admissions

  • Maryland
  • United States District Court for the District of Maryland
  • United States Courts of Appeals for the 3rd, 4th, 6th and D.C. Circuits.

News

NEWS

Mark J. Swerdlin was a guest on the Employment Law Alliance’s podcast series

Mark J. Swerdlin successfully defended a floor covering distributor against an appeal of a trial verdict in its favor

Shawe Rosenthal Attorneys Recognized by Super Lawyers

Best Lawyers Honors Shawe Rosenthal

Mark J. Swerdlin Defends Company Before District Court During COVID-19

Best Lawyers Honors Shawe Rosenthal Attorneys

The New Normal: Considerations for Resuming and Continuing Operations During a Pandemic

Mark J. Swerdlin represented a public sector university in a unit clarification petition before SHELRB

Mark J. Swerdlin and Fiona W. Ong conducted a webinar for hrsimple.com

Mark J. Swerdlin and Fiona W. Ong were featured in a March 18, 2020 Baltimore Business Journal article

Webinar Recording: Coronavirus in the Workplace and Families First Coronavirus Response Act

Mark Swerdlin and Lindsey White Successfully Secured a Summary Judgment on Behalf of a Health Care Client

Article - Professors Are Not Automatically Entitled to Same Pay

Best Lawyers Honors Shawe Rosenthal Attorneys

Article - Mark J. Swerdlin authored “Professors Are Not Automatically Entitled to Same Pay” 

Shawe Rosenthal has been ranked in the top tier of Maryland labor and employment firms by Chambers USA: America’s Leading Lawyers for Business

Mark J. Swerdlin and Parker E. Thoeni Authored an Op-Ed, “What the new overtime proposal could mean for businesses.”

Mark J. Swerdlin was quoted in the article, “Who Will Benefit from the Overtime Pay Proposal?

Shawe Rosenthal Attorneys Recognized by Super Lawyers

Mark Swerdlin and Lindsey White Won a Complete Defense Verdict

Mark J. Swerdlin authored “Supreme Court Finds Service Advisors To Be Exempt From Overtime”

Mark J. Swerdlin Authored “Start-up Businesses and Growing Companies: Key Employment Law Issues”

Best Lawyers in America Recognizes Nine Shawe Rosenthal Partners

Honor – Firm and Attorneys Recognized by Chambers USA: America’s Leading Lawyers for Business

Mark J. Swerdlin won an arbitration for a skilled nursing facility

Mark J. Swerdlin Participates In ABA Roundtable on “What’s Next In Wage & Hour Litigation.”

Stephen D. Shawe and Mark J. Swerdlin Assist Company to Win Union Election

Mark Swerdlin and Parker Thoeni Win Dismissal of Federal Discrimination Case

Super Lawyers Recognizes Shawe Rosenthal Attorneys

Mark J. Swerdlin Wins Arbitration Case

Best Lawyers™ Recognizes Shawe Rosenthal Attorneys

Seventh Circuit Holds that Collective Bargaining Agreements may not Restrict an Employee's Right to Sue in Court Unless they Contain Clear and Unmistakable Terms

Victory. Bruce S. Harrison, Mark J. Swerdlin and Parker E. Thoeni won a motion for summary judgment on behalf of a non-profit organization

News – Update on Persuader Lawsuit

Honor – Firm and Attorneys Recognized by Chambers USA: America's Leading Lawyers for Business

Article – "Trump DOL Asks For More Time In Persuader Rule Cases"

Victory. Mark J. Swerdlin and Parker E. Thoeni won a motion to dismiss on behalf of a credit union

Nine S&R Attorneys selected for Super Lawyers Annual List

Employees Reject Unionization in a Recent NLRB Election

Shawe Rosenthal LLP Has Been Ranked in the Top Tier of Maryland Labor and Employment Firms for the 13th Consecutive Year by Chambers USA: America's Leading Lawyers for Business

Firm Attorneys Mark J. Swerdlin and Shelby Skeabeck to Headline an Employment Law Seminar for The Maryland Automobile Dealers Association

Mark Swerdlin and Parker Thoeni Won A Motion to Dismiss on Behalf of Transportation Company

Mark J. Swerdlin and Teresa D. Teare Presenting Webinar