Mark D. Katz

Partner


Mark has extensive experience in labor and employment law, serving in both the public and private sectors. For 10 years with the U.S. Department of Labor, he prosecuted federal labor law violations (OSHA and FLSA) before administrative forums and federal courts. For a major steel manufacturer, he served as in-house labor counsel, handling all labor and employment matters for 15,000 employees. He has in-depth experience and special expertise in occupational safety and health matters, wage-hour law, NLRB, labor arbitration and collective bargaining. Mark has been named an Ohio Super Lawyer and is recognized by The Best Lawyers in America® in Labor and Employment Law.

Education & Admissions

Education

  • State University of New York at Buffalo

    (B.A., cum laude, 1971)

  • Case Western Reserve University

    (J.D. 1974)

Admissions

  • State of Ohio
  • U.S. Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio

Experience

REPRESENTATIVE EXPERIENCE

  • Successfully negotiated the dismissal of a federal case for a large publicly-traded industrial company in a wage/hour lawsuit. The case was filed as a collective action with the potential of a multi-million dollar exposure.
  • Served with U.S. Department of Labor for 10 years prosecuting federal labor law (OSHA and FLSA) violations before administrative forums and federal courts.
  • Served as in-house labor counsel for major steel manufacturer handling all labor and employment matters for the company’s 15,000 employees.
  • Extensive experience and special expertise in occupational safety and health matters, both having prosecuted and defended these matters.
  • Broad experience in protecting employers’ interests in employment discrimination, wage-hour, NLRB and OSHA matters.
  • Extensive experience in labor arbitrations and collective bargaining.
  • Represented major international corporation in FLSA class action case.

REPORTED CASES

  • United Steelworkers of America v. Secretary of Labor and LTV Steel, 216 F.3d 1095, (D.C. Cir. 2000)
  • Secretary of Labor v. LTV Steel, CCH OSHD Para. 32, 542 (2002)
  • Secretary of Labor v. LTV Steel, CCH OSHD Para. 32, 543 (2002)
  • Secretary of Labor v. VP Buildings Inc., CCH OSHD Para 31, 737 (1998)
  • Donovan v. Hamilton County Municipal Court, 580 F. Supp. 554 (SD, Ohio, 1984)

Publications & Presentations

Client Alerts

  • “Coming Soon – Watch for New Department of Labor Overtime Exemption Regulations,” Ulmer & Berne LLP, Client Alert (March 2016)
  • “Department of Labor Proposes Changes to Overtime Regulations: Will Your Employees Remain Exempt?” Ulmer & Berne LLP, Client Alert (July 2015)
  • “The Judicial Pick-Off Play: U.S. Supreme Court Holds Individual Offer of Judgment Moots FLSA Collective Action,” Ulmer & Berne LLP, Client Alert (April 2013)

Publications

  • Chapter Author, ABA-BNA Treatise on OSHA Law, 2004 Edition

Presentations

  • “The New Overtime Regulation: What Needs To Be Done To Be Ready,” Ohio Chamber of Commerce CLE Series (October 2016)
  • “OSHA Update 2016,” Northern Ohio Chapter of the American Society of Safety Engineers (August 2016)
  • “What Happens When the Whistle Blows?,” Financial Services Hot Topics (December 2013)
  • “FLSA:  An Old Statute Takes on New Meaning – Perspectives from Washington and Ohio,” Ohio State Bar Association (September 2008)
  • “How to Survive An OSHA Inspection,” The Ruhlin Company (January 2008)
  • “Paralegals and the Professional Exemption under the FSLA,” International Paralegal Management Association (November 2007)
  • “The Importance of Classification – Who Will the Courts Consider to be Your Employee?” Ulmer & Berne LLP Employment & Labor Seminar (October 2007)
  • “OSHA:  It’s Not Just Another Four-Letter Word,” HRACO Fall Legal Update (September 2007)
  • “Ohio’s New Minimum Wage Law,” Cleveland Bar Association’s Employment Law Conference (May 2007)
  • “Almost Everything You Need to Know about the Wage & Hour Law,” HR Star Conference (July 2006)
  • “Wage & Hour Law, Back to the Basics,” Speaker, 2006 Midwest Labor Law Conference
  • “Responding to Government Investigation,” Speaker, 1997 Midwest Labor Law Conference
  • “OSHA Reform,” Speaker, 1993 Midwest Labor Law Conference
  • Lecturer at numerous labor law programs

Involvement

PROFESSIONAL AFFILIATIONS

  • American Bar Association (Labor & Employment Law Section; OSHA Sub-Committee)
  • Ohio State Bar Association (Labor & Employment Law Section)
  • Cleveland Metropolitan Bar Association (Labor & Employment Law Section)

Honors

HONORS

  • Named a “Labor & Employment Star” by Benchmark Litigation (2019)
  • BV Distinguished® Peer Review Rated – Martindale-Hubbell®
  • Named to The Best Lawyers in America®, Employment Law – Management; Litigation – Labor and Employment (2009-2019)
  • Named to the Ohio Super Lawyers list (2005-2009; 2011-2019)