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.


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)


  • 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

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 Signs Domestic Violence Victim Leave Law

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

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

January 04, 2013

New Pay Equality Poster and Notice Law Enacted in New Jersey

September 25, 2012

Published Works



Media Quotes

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