Mark J. Swerdlin
ATTORNEYS
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
Webinar: Employment Law Issues Arising from the Pandemic & Managing a Remote Workforce
Mark Swerdlin and Lindsey White will present at the MSBA Corporate Counsel Institute on November 16
Mark J. Swerdlin Assists Major Food Manufacturer In Unionization
Best Lawyers in America© Honors Shawe Rosenthal
All Shawe Rosenthal Attorneys Recognized by Super Lawyers©
Best Lawyers in America© Includes Eleven Shawe Rosenthal LLP Partners In Its Inaugural 2021 Edition
Mark. J. Swerdlin Authored A Lead Article In The Maryland Auto Dealers Association's May Newsletter
Mark J. Swerdlin was a guest on the Employment Law Alliance’s podcast series
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 and Fiona W. Ong conducted a webinar for hrsimple.com
Webinar Recording: Coronavirus in the Workplace and Families First Coronavirus Response Act
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”
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
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
Mark Swerdlin and Parker Thoeni Won A Motion to Dismiss on Behalf of Transportation Company
Publications
Overtime Rule Injunction Appealed by Administration
NLRB Eases Unionization Of Employees Referred By Staffing Agencies
What, Did the Judge Draft Ezekiel Elliott for his Fantasy Football Team?
Animal Subcontracting – Getting the Union’s Goat!
We Sued the Department of Labor, and Now It Has Backtracked on the Persuader Rule
NEWS & EVENTS
Fiona W. Ong and Lindsey White Authored “New Rulings Show Job Duties Crucial To Equal Pay Act Claims”
Fiona Ong and Lindsey White authored “New Rulings Show Job Duties Crucial To Equal Pay Act Claims,” which was published as Expert Analysis by Law360.com on February 17, 2023.
Lindsey A. White and Veronica Yu Welsh presented on “Handling EEOC Investigations and Litigation”
Lindsey White and Veronica Yu Welsh presented a one-hour webinar for HRSimple, “Handling EEOC Investigations and Litigation” on February 9, 2023. The session provided insight into the Equal Employment Opportunity
Teresa D. Teare and Courtney B. Amelung won partial dismissal of a federal lawsuit against a hospital asserting retaliation
On behalf of a healthcare employer, Teresa Teare and Courtney Amelung won a partial motion to dismiss an employee’s claims of retaliation, ostensibly for opposing race discrimination. As the federal
New Partner Veronica Yu Welsh
We are delighted to announce that Veronica Yu Welsh has been made a Partner at our Firm. Veronica represents employers in a wide range of labor and employment-related matters in
Fiona Ong was a panelist for a presentation to the American Subcontractors Association of Baltimore
Fiona Ong was a panelist for a presentation to the American Subcontractors Association of Baltimore on “Mental Health, Addiction, and Suicide in the Construction Industry, Part 2: Helping Employees and
Paul Burgin authored a Practice Point for the ABA Business Torts & Unfair Competition Committee
Paul Burgin authored a Practice Point for the ABA Business Torts & Unfair Competition Committee, “Do Not Assume Your Usernames and Passwords Are Protected Trade Secrets,” explaining a growing body
Evan Conder’s Blog Re-Posted on Native.news
Evan Conder’s blog post, “Can Rap Music in the Workplace Create a Hostile Work Environment?” was republished in the December 19, 2022 issue of Native.news, the bi-weekly newsletter of the
Fiona Ong quoted in SHRM Article “ESPN Sued Over COVID-19 Vaccination Requirements”
Fiona Ong was quoted in a January 23, 2023 article by Allen Smith for the Society for Human Resource Management (SHRM.org), “ESPN Sued Over COVID-19 Vaccination Requirement.” (Subscription may be
Teresa Teare Spoke at Practising Law Institute
Teresa Teare was a speaker at the Practising Law Institute (PLI)’s full-day program on “Wage and Hour Litigation and Compliance,” on January 23, 2023, in New York City. Teresa discussed