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Mark McNitzky

Senior Counsel
fax +1 210.258.2724

Mark McNitzky provides timely advice and counsel to business management clients, including both nonprofit and for-profit entities. His industries of practice include construction, education, financial, healthcare, oil and gas, and retail.

Mark advises on an array of employment issues such as employee contracts; discipline, hiring, and termination; unemployment compensation; compliance with federal leave, wage and hour, and anti-discrimination laws; and COVID-19 accommodation and leave matters.

Mark defends clients in employment law litigation and arbitration matters involving single-plaintiff and collective cases alleging civil rights violations, including age, disability, national origin, race, sex, and religious discrimination and federal leave issues, disputes alleging minimum wage and overtime violations, and lawsuits alleging workers’ compensation retaliation and breaches of non-compete agreements. Pre-litigation, Mark handles charges of discrimination brought before the Equal Employment Opportunity Commission and the Texas Workforce Commission – Civil Rights Division at the administrative level, including representing clients during onsite investigations and witness interviews.

Mark’s practice also includes reviewing and negotiating executive and employment agreements and contracts, paying special attention to confidentiality, non-disclosure, non-compete, and non-solicitation provisions.

Practice Areas

Education

J.D., Texas Tech University School of Law, Lubbock, Texas, 2008
B.B.A., Texas Tech University, Lubbock, Texas, 2005

Recognitions

Named among Texas Super Lawyers Rising Stars by Thomson Reuters (2023)

Memberships

San Antonio Bar Association

San Antonio Young Lawyers Association

Texas Young Lawyers Association

American Bar Association (Labor and Employment Law section)

Catholic Charities of San Antonio

San Antonio Manufacturers Association

San Antonio Hotel and Lodging Association

Rotary Club of San Antonio – Co-Chair, New Member Announcement Committee

Phi Delta Phi

State Bar Licenses

Texas

Court Admissions

U.S. District Ct., E.D. of Texas
U.S. District Ct., N.D. of Texas
U.S. District Ct., S.D. of Texas
U.S. District Ct., W.D. of Texas
U.S. Court of Appeals, 5th Circuit

Experience

  • Obtained summary judgment in the United States District Court for the Southern District of Texas in March 2014 in favor of multi-national manufacturing company in suit brought by former employee alleging a failure to accommodate, disability discrimination and retaliation in violation of the Americans With Disabilities Act and the Americans With Disabilities Act, As Amended.
  • Successfully represented limited liability company defendant in a breach of contract case tried to a jury in State District Court in Cameron County, Texas in September of 2011.
  • Represented and defended businesses and individuals throughout the Rio Grande Valley and South Texas, including large financial institutions and oil and gas companies.
  • Represented various creditor financial institutions in bankruptcy proceedings and collection matters in state and federal courts throughout South Texas.
  • Represented and defended multiple Fortune 500 companies in employment discrimination cases in state and federal courts throughout Central and South Texas.
Articles
  • Supplement to 2019 Midwinter Meeting Report of 2018, ABA Section of Labor and Employment Law, Committee on Federal Labor Standards Legislation, Subcommittee on the Family and Medical Leave Act Publication (Contributing Author), (August 2019)
  • “Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims,” Blog Article, (April 2018)
  • “Is a Threatened Pay Cut an Adverse Action? Fifth Circuit Issues Pro-Employer Ruling in Retaliation Case,” Blog Article, (February 2016)
  • “Coffee and Tipping Do Not Mix: Fifth Circuit Rejects Behind-the-Scenes Baristas’ Tip Pooling Arrangement,” Blog Article, (March 2015)
  • 2015 Midwinter Meeting Report of 2014, ABA Section of Labor and Employment Law, Committee on Federal Labor Standards Legislation, Subcommittee on the Family and Medical Leave Act Publication (Contributing Author), (March 2015)
  • Texas Human Resources Manual Guide to Texas and Federal Employment Laws and Regulations for 2014, American Chamber of Commerce Resources, LLC Publication (Co-Author), (May 2014)
  • Employment Law Update (White Paper), Ogletree Deakins Publication (Co-Author), (March 2014)
  • 2014 Midwinter Meeting Report of 2013 FMLA Cases, ABA Section of Labor and Employment Law, Committee on Federal Labor Standards Legislation, Subcommittee on the Family and Medical Leave Act Publication (Contributing Author), (March 2014)
Presentations
  • Rio Grande Valley Society for Human Resource Management Annual Conference, “Employment Law Update,” McAllen, (September 2019)
  • 33rd Annual Seminar on Ad Valorem Taxation, “Ethics in the Workplace,” San Antonio, (August 2019)
  • Hill Country Human Resources Management Association Employment Law Seminar (Co-Presenter), “Employment Law Update,” San Marcos, (August 2019)
  • San Antonio Breakfast Briefing (Co-Presenter), “Disability Accommodations and the Interactive Process,” San Antonio, (February 2019)
  • Rio Grande Valley Society for Human Resource Management Annual Conference, “No Vacation from Retaliation,” Mission, (September 2018)
  • San Antonio Hotel & Lodging Association and San Antonio Tourism Council Labor Law & Safety Seminar, “Headline News: An Employment Law Update,” San Antonio, (August 2018)
  • Hill Country Human Resources Management Association Employment Law Seminar (Co-Presenter), “No Vacation from Retaliation,” San Marcos, (June 2018)
  • South Texas Seminars (Co-Presenter), ”Employment Law Update,” McAllen and Laredo, (April 2018)
  • Rio Grande Valley Society for Human Resource Management Annual Conference (Co-Presenter), “The Invisible Workforce: Managing Leave Entitlements to Get Employees Back to Work (or on Their Way),” Mission, (September 2017)
  • Ogletree Deakins Briefing (Co-Presenter), “Headline News: The Latest Employment Law Developments,” Laredo, (October 2016)
  • Sterling Services Seminar, “2015-2016 Case Law and Legislative Review,” San Antonio, (April 2016)
  • Sterling Services Seminar, “Implementing the Affordable Care Act in 2016 and Beyond,” San Antonio, (April 2016)
  • San Antonio Breakfast Briefing Presentation (Co-Presenter), “Employment Law Update,” San Antonio, (September 2015)
  • San Antonio Hotel & Lodging Association Seminar, “Employment Law Update,” San Antonio, (April 2015)
  • Lutheran Services of America Seminar, “New Issues Regarding FLSA White-Collar Exemptions and the Pregnancy Discrimination Act,” San Antonio, (April 2015)
  • South Texas Seminars, “Employment Law Update: Hot Topics in 2015,” Corpus Christi, McAllen, (April 2015)
  • San Antonio Toy Drive Presentation (Co-Presenter), “The Most Influential Labor and Employment Cases of 2014,” San Antonio, (December 2014)
  • South Texas Seminars, “Employment Law Update: Issues on the Horizon,” Corpus Christi, McAllen, Laredo, (April 2014)
  • Sterling Services Seminar, “Termination Best Practices,” San Antonio, (April 2014)

The Clark Hill approach is equally pragmatic and growth-minded, which is why we understand our clients’ toughest business challenges. Our multidisciplinary, global team of advisors focuses on smart legal solutions, delivered simply.

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