Mark G. Kisicki

Shareholder | Phoenix

For 25 years, Mark has helped companies deal with a broad range of issues that affect them as employers, from union avoidance campaigns and employment-related litigation to complex cases involving the theft of intellectual property and trade secrets. Mark’s traditional labor practice is national in scope: he has handled numerous union avoidance efforts, advised clients in decertification campaigns, and negotiated dozens of collective bargaining agreements for clients around the country.

In the past few years, Mark has represented clients in some of the most significant cases before the National Labor Relations Board.

More About Mark G. Kisicki

Experience

Education & Admission

Professional Activities

Speeches

Corporate Labor and Employment Counsel Exclusive – “Labor Reform Without Legislation: The NLRB’s Top Priorities and Enforcement Efforts” – Phoenix – November 9, 2023
Ogletree Deakins Webinar – “NLRB Widens Joint-Employer Standard—What Employers Need to Know” – November 7, 2023
Labor Law Solutions – “Defining Employees: The New Labor Implications” – Nashville – December 9, 2022
Labor Law Solutions – “Critical Board Developments” – Las Vegas – December 3, 2021
Labor Law Solutions – “NLRB Update: New World, New Rules—and Old Rules, Resurrected” – December 3, 2020
Virtual COVID-19 Employment Litigation: Prevention and Defense Strategies Seminar – “Labor Litigation and Avoidance in the Time of COVID-19” – September 10, 2020
Ogletree Deakins Webinar – “COVID-19 Litigation and Mitigation Strategies Series: Labor Litigation and Avoidance in the Time of COVID-19” – August 25, 2020
Labor Law Solutions – “Policies, Handbooks, and Labor Practices That Work” – Nashville – December 5, 2019
Ogletree Deakins Seminar – “NLRB Update: The Good, The Bad, and The Ugly” – Scottsdale – October 26, 2018
Ogletree Deakins Seminar – “The NLRB Under President Trump: A New Course Charted” – Scottsdale – October 20, 2017
Advanced Employment Law and Litigation 2016 – “State Employment Law Developments Update” – Washington, D.C. – March 18, 2016
Ogletree Deakins Managing a Workforce in 2015 – “Oh, What A Year! The Latest Developments from the NLRB” – Scottsdale – October 3, 2014
Ogletree Deakins Seminar – “Really – There’s More! What to Expect from the NLRB in the Coming Year” – Scottsdale – October 3, 2014
Ogletree Deakins Labor and Employment Counsel Exclusive – “Federal Agencies’ Joint Employer Paradigm Shift: Potential Change Impact All Employers” – Dana Point – September 18 – 20, 2014
Ogletree Deakins Webinar – “Joint Employers and the NLRB: Potential Changes that may Impact All Employers” – August 27, 2014
Ogletree Deakins Seminar – “Where the Dice Land: Petitions, ULP Charges, and Remedies at Different NLRB Regional Offices” – Las Vegas – May 7 – 9, 2014
ALI CLE’s Advanced Employment Law and Litigation Seminar – “Jury Demonstration” and “Arbitration Update” – Washington, D.C. – February 27 – March 1, 2014
ALI CLE Audio Webcast – “Non-Union Employers Beware: The NLRB Rules That Might Surprise You” – December 6, 2013
Ogletree Deakins Seminar – “Policing Your Policies: What You Should Be Doing Internally to Monitor Your Practices and Policies, so that an Aggressive Federal Agency Does Not Do It For You” – Scottsdale – October 4, 2013
ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner – “Federal Employment Law Update” – Philadelphia – September 23 – 24, 2013
ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner – “IRCA Update” – Philadelphia – September 23 – 24, 2013
ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner – “Negotiating and Drafting Union Contracts” – Philadelphia – September 23 – 24, 2013
Practice and Procedures Committee Meeting (ABA) – “Concerted Activity Just Ain’t What It Used to Be – And Neither is the NLRA” – LaCosta – February 22 – March 3, 2013
Ogletree Deakins Seminar – “50 Shades of the NLRB” and “An Ounce of Prevention: Preparing for Union Organizing Before it Begins” – Scottsdale – October 26, 2012
ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner – “Drafting Collective Bargaining Agreements from A to Z” – Philadelphia – June 13 – 15, 2012
ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner – “NLRB Representation Election Proceedings: Determining Employee Desires” – Philadelphia – June 13 – 15, 2012
ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner – “Other Federal Laws and Regulations Affecting the Employment Relationship, Including the WARN Act, IRCA, FMLA, Polygraph Protection Act, and FCRA” – Philadelphia – June 13 – 15, 2012
ALI-ABA Employment and Labor Law Update for the Corporate Counsel and the General Practitioner – “The Employer’s Dilemma: What to do in Anticipation of a Union Organization Campaign” – Philadelphia – June 13 – 15, 2012
Ogletree Deakins Workplace Strategies Seminar – “Playing With a Full Deck: The Obama NLRB With Five Members” – Phoenix – May 10 – 11, 2012
ALI-ABA Employment & Labor Relations Law for the Corporate Counsel – “Don’t Do It! The Workplace & Polygraphs Just Do Not Mix: The Employee Polygraph Protection Act” – Washington – January 21 – 23, 2010
ALI-ABA Employment & Labor Relations Law for the Corporate Counsel – “Don’t Do It! The Workplace & Polygraphs Just Do Not Mix: The Employee Polygraph Protection Act” – Washington – January 21 – 23, 2010
ALI-ABA Employment & Labor Relations Law for the Corporate Counsel – “Drafting Collective Bargaining Agreements from A to Z” – Washington – January 21 – 23, 2010
ALI-ABA Employment & Labor Relations Law for the Corporate Counsel – “The Warn Act” – Washington – January 21 – 23, 2010
ALI-ABA Employment & Labor Relations Law for the Corporate Counsel – “The Warn Act” – Washington – January 21 – 23, 2010
ALI-ABA Employment and Labor Law Update for the Corporate Counsel – “Drafting Collective Bargaining Agreements from A to Z” – Washington, D.C. – January 21 – 23, 2010

Published Works

Media Quotes

November 20, 2023 – Law360 – “Challenges Mount Over NLRB’s Joint Employer Rule Revamp”
November 13, 2023 – Restaurant Hospitality – “The first lawsuit has been filed to stop the new NLRB joint employer rule”
November 9, 2023 – Nation’s Restaurant News – “The first lawsuit has been filed to stop the new NLRB joint employer rule”
October 27, 2023 – Bloomberg Law – “Joint Employment Rules Vary by Agency: Different Tests Explained”
October 27, 2023 – Bloomberg Law – “Labor Board’s Joint Employer Rule Faces Court, Congress Hurdles”
October 26, 2023 – Law360 – ” 3 Takeaways From NLRB’s Latest Joint Employment Rule”
October 26, 2023 – SHRM – “NLRB Adopts Expanded Joint-Employer Rule”
January 17, 2023 – SHRM Online – “D.C. Circuit Requires Employers to Turn Over Union Voter Lists Faster”
September 6, 2022 – SHRM Online – “Proposed Joint Employer Rule May Increase Employer Liability”
April 2, 2021 – SHRM Online – “How the American Jobs Plan Would Affect the Workplace”
November 1, 2020 – AZBusiness – “Hazards of Home”
October 16, 2020 – SHRM Online – “NLRB General Counsel: Some Neutrality Agreement Provisions Are Invalid”
August 27, 2020 – SHRM Online – “NLRB Upholds Broad Moonlighting Policy”
July 30, 2020 – SHRM Online – “NLRB Proposes Changes to Union Voter List Requirement”
June 26, 2020 – SHRM Online – “Unions Organize in Response to COVID-19 Safety Concerns”
March 31, 2020 – Employment Law Daily – “NLRB to revise, codify several representation policies, procedures”
February 25, 2020 – SHRM Online – “NLRB Issues New Definition of ‘Joint Employer’”
February 25, 2020 – Law360 – “3 Takeaways From NLRB’s Stricter Joint Employer Test”
February 25, 2020 – QSR Magazine – “NLRB: Businesses Must Have ‘Substantial’ Control to be Joint Employer”
February 25, 2020 – Employment Law Daily – “NLRB announces final rule governing joint-employer status under NLRA”
February 7, 2020 – SHRM Online – “Some Industries See an Increase in Unionization”
January 13, 2020 – HR Dive – “DOL finalizes FLSA joint employer rule, limiting business liability”
January 3, 2020 – HR Dive – “NLRB: Employers can require confidentiality during investigations”
December 18, 2019 – SHRM Online – “NLRB Restricts Work E-Mail for Unions, Approves Confidentiality Policies”
December 18, 2019 – Employment Law Daily – “NLRB: Board OKs blanket confidentiality rules for workplace investigations”
December 17, 2019 – Law360 – “NLRB Says Employers Can Forbid Discussing Pending Probes”
December 2, 2019 – SHRM Online – “Petitioning on Behalf of Interns Wasn’t Covered by NLRA”
October 4, 2019 – Law360 – “NLRB Extends Election Rule Comment Deadline By 2 Months”
September 5, 2019 – SHRM Online – “Arts Center Legally Blocked Contract Workers from Leafleting on Its Site”
August 12, 2019 – SHRM Online – “NLRB Proposes Changes to Union Election Procedures”
August 9, 2019 – Bloomberg Law – “Latest Trump NLRB Rulemaking Push Focuses on Union Elections”
August 9, 2019 – Law360 – “NLRB Election Rule May Clear Way For Unions To Get Ousted”
August 9, 2019 – SHRM Online – “NLRB Proposes Changes to Union Election Procedures”
July 22, 2019 – HR Dive – “Back to Basics: Making sense of joint employment”
April 3, 2019 – Restaurant Dive – “Proposed joint-employer rule could reduce liability for franchised restaurants”
April 1, 2019 – Waste Dive – “DOL proposes 4-factor test for joint employment liability”
March 5, 2019 – SHRM Online – “DOL Will Propose Limiting Joint-Employer Overtime Liability”
February 4, 2019 – SHRM Online – “NLRB Chairman Defends Proposal to Define ‘Joint Employer’”
January 28, 2019 – SHRM Online – “NLRB Scales Back Employee Protections”
November 6, 2018 – Business Insurance – “Proposed NLRB joint employer rule may not need further input”
September 17, 2018 – Employment Law Daily – “A deeper look at the NLRB’s joint-employer proposal”
September 13, 2018 – Nation’s Restaurant News – “NLRB proposes new joint-employer rule”
September 13, 2018 – Bloomberg BNA – “Trump Administration Moves to Limit Franchiser Labor Liability”
September 13, 2018 – Business Insurance – “NLRB proposing rule restoring joint-employer status standard”
August 13, 2018 – SHRM Online – “NLRB May Grant Employers More Leeway in Restricting E-Mail Usage”
August 8, 2018 – SHRM Online – “Employees Secretly Record Managers for Litigation”
July 9, 2018 – SHRM Online – “What Does the Supreme Court’s Union Dues Ruling Mean for HR?”
June 14, 2018 – SHRM Online – “NLRB Gives Employers More Freedom with Employee Handbooks”
June 7, 2018 – SHRM Online – “NLRB Chairman: Proposed Joint-Employer Rule Coming Soon”
February 22, 2018 – Law360 – “4 Things To Know As NLRB Joint Employer Saga Continues”
January 2, 2018 – SHRM Online – “NLRB Makes Change Easier for Unionized Employers”
December 20, 2017 – Waste Dive – “Industry hopes to seal the deal with joint employer legislation”
December 18, 2017 – Bloomberg Big Law Business – “Joint Employer Reversal Changes Rules for Business”
December 15, 2017 – SHRM Online – “NLRB Overturns Obama Administration’s Definition of ‘Joint Employer’”
December 15, 2017 – Nation’s Restaurant News – “Franchisors ‘can be very comfortable’ in wake of NLRB reversal”
December 15, 2017 – Employment Law Daily – “3-2 NLRB overrules Browning-Ferris”
December 15, 2017 – Business Insurance – “Reconfigured NLRB board rolls back Obama-era rulings”
December 15, 2017 – Law360 – “5 Questions Raised By NLRB’s Joint Employer About-Face”
November 8, 2017 – SHRM Online – “House Passes Joint Employer Legislation”
July 27, 2017 – Law360 – “New Joint-Employer Bill Has Worker Advocates Leery”
March 30, 2017 – SHRM Online – “Company’s Nondisclosure Policy OK Despite Broad Language”
March 24, 2017 – Law360 – “DC Circ. Nixes Confidentiality Agreement As Too Broad”
February 22, 2017 – SHRM Online – “Is Paid Family Leave Becoming a New Standard for Employers”
February 20, 2017 – SHRM Online – “Franchisors Shouldn’t Micromanage Franchisees’ Compliance Training”
November 22, 2016 – Law.com – “Five Labor and Employment Rollbacks That May Happen Under Trump”
November 21, 2016 – Corporate Counsel – “Five Labor and Employment Rollbacks That May Happen Under Trump”
November 16, 2016 – SHRM Online – “Trump’s Maternity Leave Proposal May Not Be Popular on Capitol Hill”
November 15, 2016 – Bloomberg BNA – “Trump Could Rewrite Rules for Employers”
November 11, 2016 – Corporate Counsel – “State Labor and Employment Measures Prevail in Election, Despite Trump Win”
October 24, 2016 – SHRM Online – “EEOC’s New Plan Targets Gig Work, Talent Analytics”
October 19, 2016 – Law360 – “On-Demand Employers Should Expect More EEOC Scrutiny”
October 5, 2016 – Law360 – “Clinton Admin. Would Hit Ground Running On Labor Issues”
September 23, 2016 – Law360 – “A Closer Look At Clinton’s Labor Positions As Election Nears”
August 16, 2016 – SHRM Online – “How Employers Should Respond to ‘Don’t Tread on Me’ Controversy”
December 24, 2015 – Law360 – “Labor And Employment Cases To Watch In 2016”
December 9, 2015 – Law360 – “The Biggest Employment Cases of 2015”
October 6, 2015 – Bloomberg BNA – “Joint Employer Bill Gets Senate Panel Hearing”
October 6, 2015 – Employment Law Daily – “NLRB’s new joint employer standard: Flawed or critical to protecting workers’ rights”
September 1, 2015 – Bloomberg Business – “Who’s the boss? NLRB rules on joint employers”
August 27, 2015 – Employment Law Daily – “Now what? Divided NLRB loosens joint employer standard”
September 10, 2014 – SHRM.org – “Address Offensive Attire with Dress Code, Nondiscrimination Policy”
August 29, 2014 – Corporate Counsel – “NLRB Joint Employer Standard: Not Just for Franchises”
July 2012 – Inside Counsel – “Attendance Policy Can Be Enforced Without Violating Employee’s ADA Rights”
November 25, 2011 – Phoenix Business Journal – “Health Policies Can Have Ramifications”