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Mark H. Burak

Office Managing Shareholder || Boston, Portland (ME)

Employment Law, Litigation, Wage and Hour, Ethics Compliance and Whistleblower Response, Pay Equity, Workplace Investigations and Organizational Assessments
Life Sciences, Staffing/PEO, Hospitality

*Currently licensed in Massachusetts only.

Mark Burak has specialized in the representation of employers in labor and employment matters for over 25 years. Mr. Burak practices in the Firm’s Boston office, and he serves as Office Managing Shareholder for the Firm’s offices in Boston and Portland, Maine.  Mr. Burak’s practice focuses on defending employers in state and federal courts and before administrative agencies. Mr. Burak has successfully handled cases involving virtually the entire spectrum of employment related laws, with a particular emphasis on discrimination laws and wage/hour matters. He has tried several cases successfully to conclusion and obtained dismissals or summary judgment on scores of claims.

Mr. Burak devotes a substantial part of his practice to providing employers with practical, business savvy advice on day-to-day employment matters, including internal investigations, pay equity, policy development, wage/hour issues, privacy, implications of social media in the workplace, and terminations. Mr. Burak is an accomplished trainer and provides employment law training on a variety of areas, including sexual harassment, diversity and inclusion, supervisory skills, and disability leave laws. Mr. Burak’s clients span a number of industries, including life sciences and bio-tech, high technology, healthcare, hospitality, retail, manufacturing, financial services, and non-profit organizations. He has represented many of his clients for over a decade.

Employment Law, Litigation, Wage and Hour, Ethics Compliance and Whistleblower Response, Pay Equity, Workplace Investigations and Organizational Assessments
Life Sciences, Staffing/PEO, Hospitality
Learn more about Mark H. Burak

Recent Cases:

Reported Cases:

Education

Admittance to Practice

Professional Activities

  • Boston Bar Association (Co-Chair Labor and Employment Section (2012-2014), member of Steering Committee (1999-2008; 2012 to 2016)
  • Massachusetts Bar Association (Labor and Employment Section)
  • American Bar Association (Labor and Employment Section)
  • Human Resources Leadership Forum (Labor and Employment Section)

Speeches

Insights by Mark H. Burak

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First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human Rights Act (MHRA). The court’s opinion provides a useful reference for the “single integrated employer” test for liability under the ADA. More significantly, it is an important reminder for employers regarding how seriously to evaluate accommodation requests, how promptly to respond to them, and how informed employees should be throughout the process. The First Circuit’s ruling shows that the consequences of failing to adequately respond to accommodation requests could lead to a finding that the employer acted with reckless indifference and is liable for punitive damages.

Massachusetts State Flag

Massachusetts Paid Family and Medical Leave: What Employers Need to Know Before July 1, 2019

Last year, Massachusetts Governor Charlie Baker signed into law what has been referred to as the “grand bargain” legislation. When it was enacted, we covered some of the law’s key provisions that would have a significant impact on Massachusetts employers, including the phase-in of paid family and medical leave under the Massachusetts Paid Family and Medical Leave Act (PFML). Since then, the Massachusetts Department of Family and Medical Leave (DFML), a new agency, has been established under the PFML to manage paid leave in the Commonwealth.

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Massachusetts Attorney General Issues Guidance on New Equal Pay Law

On March 1, 2018, the Massachusetts Attorney General (AG) issued detailed guidance on the amendments to the Massachusetts Equal Pay Act (MEPA), which are set to go into effect on July 1, 2018. The amendments, which were enacted in 2016, will overhaul MEPA, a law that has been in effect for over 70 years, and make it one of the strictest pay equity laws in the nation.

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