Photo of Mark Theodore

Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. He is Co-Chair of Proskauer’s Labor-Management and Collective Bargaining Practice Group.

Some recent highlights of his career include:

  • Successfully defended client against allegations that it had terminated a union supporter and isolated another. T-Mobile USA, Inc., 365 NLRB No. 15 (2017).
  • Successfully appealed NLRB findings that certain of client’s written policies violated the National Labor Relations Actions Act.  T-Mobile USA, Inc., 363 NLRB No. 171 (2016), enf’d in part, rev’d in part 865 F.3d 265 (5th Cir. 2017).
  • Represented major utility in NLRB proceedings related to organizing of planners.  Secured utility-wide bargaining unit. Bargained on behalf of grocery chain.  After negotiations reached an impasse, guided the company through lawful implementation of five year collective bargaining agreement.
  • Coordinated employer response in numerous strike situations including a work stoppage across 14 western states of the client’s operations.

Mark has extensive experience representing employers in all matters before the NLRB, including representation petitions, jurisdictional disputes and the handling of unfair labor practice charges from the date they are filed through trial and appeal. Mark has acted as lead negotiator for dozens of major companies in a variety of industries, including national, multi-unit, multi-location, multi-employer and multi-union bargaining. Mark has handled lockout and strike situations, coordinating the clients efforts.

In addition, Mark has handled hundreds of arbitrations involving virtually every area of dispute, including contract interest arbitration, contract interpretation, just cause termination/discipline, benefits, pay rates, and hours of work.

With the sweeping presence of technology today, the boundary between work life and home life has become increasingly blurred. A new bill recently introduced to the California legislature seeks to change that by protecting employees’ “right to disconnect.”   

Assembly Bill 2751, introduced by Assemblyman Matt Haney (D-San Francisco), proposes to add a Section 1198.2 to the Labor Code that would effectively prevent employers from contacting employees

A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial. 

In many if not most employment trials, the employee’s lawyer offers the expert testimony of a psychiatrist/psychologist (paid for by the plaintiff) who tells the jury about the existence and extent of the emotional distress the employee allegedly

For the second year in a row, California has avoided being “the worst in the nation,” but still managed to secure the unenviable third position on the American Tort Reform Foundation’s (“ATRF”) Annual Judicial Hellholes List.

The ATRF characterizes California as the “plaintiffs’ bar’s laboratory for finding new ways to expand liability,” highlighting several key judicial and legislative trends contributing to each Californian paying an

On July 17, 2023, approximately one year after the U.S. Supreme Court’s landmark decision in Viking River Cruises, the California Supreme Court issued its highly-anticipated decision in Adolph v. Uber Technologies.  The Court answered the critical question of whether a Private Attorneys General Act (PAGA) plaintiff retains their standing to pursue non-individual claims after their individual claims are compelled to arbitration. As many

As we previously covered here, the State of California and select California cities increased the minimum wage effective January 1, 2023.  Now, another round of minimum wage increases from a dozen localities will take effect on July 1, 2023.

The following list contains the local minimum wage rate, effective July 1, 2023, for non-exempt employees working in each of the California counties and municipalities

Back in the “good old days,” arbitration agreements barred just about any type of civil litigation that was filed in court. Then, as we reported in 2014, the California Supreme Court determined that Private Attorneys General Act (“PAGA”) claims are immune from arbitration in Iskanian v. CLS Transp. Los Angeles, LLC – which, unsurprisingly, led to an avalanche of PAGA claims being filed as plaintiffs’

The federal court for the Northern District of California recently declined to dismiss a former Al Jazeera International employee’s constructive wrongful termination claim against the news outlet, finding that requiring an employee to perform tasks more advanced than their pay level, without promotion, could constitute “intolerable” working conditions.

The plaintiff alleges she was working as a producer for Al Jazeera when she was offered a

As we previously reported here, in Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021), a three member panel of the Ninth Circuit Court of Appeals resurrected California Labor Code Section 432.6, which prohibited employers from requiring California employees to agree to arbitrate their employment-related disputes.

In a new twist, however, the same Ninth Circuit

The California Secretary of State announced on July 22, 2022 that a measure to replace the California Labor Code Private Attorneys General Act of 2004 (“PAGA”) qualified as an eligible statewide ballot measure for the November 2024 General Election ballot.  PAGA allows “aggrieved” employees to file a representative action on behalf of themselves and other “aggrieved” employees and the state of California for certain alleged

As of Friday, July 1, non-hotel employers with full-time employees in West Hollywood must provide up to 96 hours of compensated time off (“CTO”) each year.  (Part-time West Hollywood employees must receive a prorated number of CTO hours based on their hours worked.)  These requirements already went into effect for hotel employers on January 1, 2022.

The CTO may be used for vacation, sick leave,