Mark Diana

Office Managing Shareholder Morristown

Mark has a diverse litigation and counseling practice representing both private and public sector employers.  For more than 25 years he has been defending employers in discrimination, harassment, wrongful termination, retaliation, breach of contract, wage and hour, and other employment-related cases before state and federal courts, administrative agencies and arbitration tribunals.  Mark also provides counseling and compliance advice to employers with respect to  the full spectrum of employment laws (including the ADA, Title VII, FMLA, FLSA, FCRA, WARN, NJLAD, CEPA, NJFLA, and many other state and federal employment laws); drafts and reviews independent contractor agreements, employment agreements and personnel policies; and assists employers in connection with hiring, leave, discipline, and termination decisions.

Mark served as a law clerk to the Honorable William M. D’Annunzio, New Jersey Superior Court, Appellate Division, from 1988-1989.  He is admitted to practice in New Jersey state courts, the U.S. District Court for the District of New Jersey, and the U.S. Court of Appeals for the First, Second, and Third Circuits.


Experience

Mark represents clients in many different industries, including insurance and financial services, health care, pharmaceutical, retail, warehousing, transportation and manufacturing.  He has represented employers in novel cases involving the scope of New Jersey’s discrimination and retaliation laws, mandatory arbitration agreements, independent contractors, and pension benefit summary plan descriptions.

Professional Activities and Speeches

Professional Activities:

  • American Bar Association (Labor and Employment Law Section)
  • New Jersey State Bar Association (Labor and Employment Law Section, former member - Executive Board of the Labor and Employment Law Section)
  • Sidney Reitman Employment Law American Inn of Court
  • New Jersey Supreme Court Committee on Model Civil Jury Charges (former member, 1998-2006)

Speeches:

  • New Jersey Business and Industry Association - ''Hands-On Handbook Clinic'' - Monroe - November 20, 2015
  • Ogletree Deakins Labor and Employment Counsel Exclusive - ''Online Employment Applications'' - Phoenix - November 14, 2015
  • New Jersey Civil Service Commission - ''FMLA/NJFLA Training for HR Professionals'' - Pines Manor - October 21, 2015
  • Ogletree Deakins Webinar - ''Use of Independent Contractors and Temporary Employees in New Jersey'' - October 15, 2015
  • New Jersey Civil Service Commission - ''FMLA/NJFLA Training'' - West Windsor - May 06, 2015
  • Ogletree Deakins Webinar - ''Hire Beware: What New Jersey Employers Need to Know About Background Checks and Criminal Record Inquiries'' - February 19, 2015
  • New Jersey Business and Industry Association - ''Avoiding Lawsuits with Mandatory Arbitration Agreements'' - Monroe - April 11, 2014
  • New Jersey Business and Industry Association - ''Unauthorized Overtime, Internships and Other Wage and Hour Pitfalls'' - Monroe - February 14, 2014
  • New Jersey Business and Industry Association - ''Drafting an Effective Employee Handbook'' - Monroe - October 02, 2013
  • New Jersey Business and Industry Association - ''Troubling Shooting Common Wage and Hour Problems'' - Monroe - March 13, 2013
  • New Jersey Business and Industry Association - ''New Laws You Need to Know'' - Monroe - March 13, 2013

Our Insights

New Jersey Veterans May Soon Be Entitled to Preferential Hiring in Non-Civil Service Jurisdictions

December 30, 2015

Expanded Protections Proposed for Breastfeeding Employees in New Jersey

December 22, 2015

New Jersey Annual Notice Reminders With Deadlines Fast Approaching

December 21, 2015

Bill Proposed to Restrict New Jersey Employers’ Ability to Obtain Salary and Benefits Information from Prior Employers

December 21, 2015

New Jersey Advances Bill to Ban Most Employee Credit Checks

December 17, 2015

Elizabeth Becomes the Tenth New Jersey City to Require Paid Sick Leave

December 17, 2015

Jersey City Expands Paid Sick Leave Ordinance to Small Businesses, Increases Penalties for Noncompliance

December 17, 2015

Final New Jersey Ban-the-Box Regulations Issued Today, Effective Immediately

December 07, 2015

New Jersey Arbitration Agreement Declared Invalid Without Express Waiver of Employee’s “Right to a Trial”

September 03, 2015

New Jersey Supreme Court Reshapes Sexual Harassment Claims

February 12, 2015

New Jersey Ban the Box Reminder

December 29, 2014

FAQs About the New Jersey Opportunity to Compete Act (aka New Jersey’s “Ban the Box” Law)

December 12, 2014

New Jersey Workplace Poster Requirements Continue to Grow

November 19, 2014

New Jersey Governor Christie Signs Ban the Box Law

August 12, 2014

New Jersey Gender Equity Notice Now Available—Employer Obligations Start January 6, 2014

December 10, 2013

New Jersey Assembly Introduces Bill to Invalidate Restrictive Covenants and Non-Disclosure Agreements for Employees Eligible for Unemployment

September 18, 2013

New Jersey Expands Pay Equity Protections

September 18, 2013

New Jersey Governor Signs Domestic Violence Victim Leave Law

July 19, 2013

Domestic Violence Victim Leave Law Enacted in New Jersey

July 19, 2013

New Jersey’s Social Networking Privacy Law Gets Conditional Veto by Gov. Christie

May 07, 2013

Social Media Privacy Bill Awaits Action by Governor Christie

April 17, 2013

New Jersey DOL Clarifies Overtime Exemption for Employees of Common Carriers of Passengers by Motor Bus

April 05, 2013

New Jersey DOL Proposes Rule to Require Unemployment Applicants to Register for Work and Engage in Other Work Search Related Activities

April 05, 2013

Broad Social Media Privacy Bill Reaches New Jersey Governor’s Desk

April 05, 2013

The “New Jobs for New Jersey Act” Passes in Both the Senate and the Assembly

April 05, 2013

FMLA Policy in Handbook Does Not Satisfy Individualized Notice Requirements of FMLA, New Jersey District Court Holds

April 05, 2013

Update Regarding New Jersey’s New Pay Equality Notice Law

February 01, 2013

New Jersey Trade Secrets Act Does Not Preempt Common Law Claims for Misappropriation of Confidential Information

February 01, 2013

New Jersey Bill Seeks to Protect Politically Active Employees from Retaliation

February 01, 2013

Non-Competition Agreement Triggered Upon Break in Service, New Jersey Appellate Division Holds

February 01, 2013

Bill Would Impose Dual Disclosure Obligations on New Jersey Temporary Help Services Firms

February 01, 2013

CEPA Reasonableness Requires Consideration of Plaintiff’s Background, New Jersey Appellate Division Holds

February 01, 2013

Recertification of Intermittent Leave Violates FMLA, New Jersey Appellate Division Holds

February 01, 2013

Proposed “Ban the Box” Bill Would Greatly Restrict Use of Applicants’ Criminal Background Information by New Jersey Employers

February 01, 2013

New Jersey Legislature Reintroduces Bill to Provide Unpaid On-the-Job Training to the Unemployed

February 01, 2013

New Jersey Domestic Violence Leave Bills Amended

February 01, 2013

New Jersey Minimum Wage Hike Now Up to Voters

February 01, 2013

Another Update: New Jersey’s New Pay Equality Notice Law

January 04, 2013

Update Regarding New Jersey Pay Equality Notice Law

December 14, 2012

No Negligent Hiring for Sexual Assault Where Employee’s Prior Misconduct Was Improper But Not Sexual in Nature, New Jersey District Court Holds

December 14, 2012

Denial of Access to Donated Sick Leave Program is Not a Failure to Accommodate, New Jersey Appellate Division Holds

December 14, 2012

Reminder: Annual CEPA Notice for Employers with 10 or More Employees Must Be Distributed

December 14, 2012

New Jersey Minimum Wage Increase Bill Advances to Governor’s Desk

December 14, 2012

New Jersey Assembly Passes Bill Amending Unemployment Insurance Benefits Disqualification Standards

December 14, 2012

New Jersey Assembly Introduces Bill to Require Bi-Annual Notice Regarding Temporary Disability Leave Benefits

December 14, 2012

Bill Proposed to Amend NJLAD to Prohibit Healthcare Benefit Discrimination

December 14, 2012

Bill Introduced to Allow Alternate Workers’ Compensation Programs Through Collective Bargaining

December 14, 2012

Bill Introduced to Establish Two-Year Statute of Limitations for Most New Jersey Civil Actions

December 14, 2012

Bill Introduced to Allow New Jersey Employees Access to Their Personnel Records

December 14, 2012

New Jersey Assembly Amends “New Jersey Employer Identity Disclosure Act”

December 14, 2012

New Jersey Assembly and Senate Amend Domestic Violence Leave Bills

December 14, 2012

Social Networking Privacy Bill Appears Ready to Reach New Jersey Governor’s Desk

December 14, 2012

New Jersey Senate Proposes “New Jobs for New Jersey Act” That Provides Tax Credits to Small Private Sector Employers

October 15, 2012

New Jersey Bill Seeks to Make Independent Contractor Relationship Onerous and Risky

October 15, 2012

New Jersey Assembly Proposes “New Jersey Employer Identity Disclosure Act”

October 15, 2012

New Jersey Assembly Proposes Bill to Expand the List of Permissible Wage Deductions

October 15, 2012

“NJ SAFE Act” Would Require Unpaid Leave to Victims of Sexual Assault or Domestic Violence

October 15, 2012

Bill Introduced in New Jersey to Allow Alternative Workers’ Compensation Programs To Be Established Through Collective Bargaining

October 15, 2012

Workplace Bullying Law Reintroduced in New Jersey

October 15, 2012

Bills Proposed in New Jersey to Require Payment of Unemployment Benefits During Lengthy Appeals

October 15, 2012

City of Newark Passes Ordinance Restricting Criminal Background Checks and Inquiries

October 15, 2012

Social Networking Privacy Bill Close to New Jersey Governor’s Desk

October 15, 2012

New Pay Equality Poster and Notice Law Enacted in New Jersey

September 25, 2012

New Pay Equality Poster and Notice Law Enacted in New Jersey

September 24, 2012

FMLA Does Not Prohibit Termination of Employee Who Abuses Leave or Engages in Misconduct During Leave, Third Circuit Holds

August 16, 2012

Non-Probationary Employee Not Proper Comparator for Probationary Employee, Third Circuit Holds

August 16, 2012

Employer Not Required to Accommodate Bus Driver’s No Sunday Work Request, Third Circuit Holds

August 16, 2012

Unreviewed NJDOL Determination Not Binding in Subsequent Lawsuit, New Jersey District Court Rules

August 16, 2012

Conditional Certification of FLSA Misclassification Claim Denied by New Jersey District Court to Putative Class of Assistant Store Managers

August 16, 2012

New Jersey Ban the Box Update: Ogletree Deakins Submits Comments to New Jersey Department of Labor’s Proposed Regulations

January 01, 0001

Published Works

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Media

Media Quotes

July 22, 2014 - Law360 - "Attys Get Cover To Collaborate Under NJ Privilege Ruling"

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