Mark H. Burak

Office Managing Shareholder || Boston

Mark Burak has specialized in the representation of employers in labor and employment matters for over 25 years. 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.

Learn more about Mark H. Burak

Recent Cases:

  • Fincher v. EMD Serono, Inc. (United States District Court MA) Civil Action: 1:14-CV-10502-RGS: Obtained summary judgment on behalf of employer in disability case.
  • Rice v. Partners Pharmacy Services, LLC (MA Superior Court-Middlesex) Civil Action MICV2014-04838-H: Obtained summary judgment on behalf of employer in putative class action alleging misclassification of delivery drivers.
  • Oxlaj v. Greencore USA, Inc. (MA Superior Court-Essex) Civil Action ESCV2011-01184-D: Obtained summary judgment on behalf of employer in contentious sexual/national origin harassment and retaliation case.
  • Trent v. ADT Security Services (United States District Court MA) Civil Action 1:11-C11912-RGS: Obtained summary judgment on behalf of employer in age, retaliation and wage claim action (2013 WL 4512052).
  • Henry v. BJ’s Wholesale Company (United States District Court MA) Civil Action 1:12-CV-10620-DJC: Obtained summary judgment on behalf of employer in case alleging racial discrimination, racial harassment and retaliation.
  • Terry v. SimplexGrinnell, LP (United States District Court MA) Civil Action 4:11-CV-40117-DS: Obtained summary judgment on behalf of employer in case alleging FMLA interference/retaliation and violations of the ADA (2013 WL 1332240).
  • Confidential Matter: In trade secrets/customer privacy case, on behalf of high-tech manufacturer filed litigation against two former company executives and obtained substantial monetary settlement and stipulated agreement from defendants to abide by the terms of their non-solicitation and non-disclosure agreements.
  • Confidential Matter: Represented client in high-profile internal investigation of several senior executives regarding alleged gender bias, resulting in the departure of executives without any litigation.
  • Confidential Matter: Represented client in investigation of senior in-house counsel’s alleged misconduct following allegations of pay inequity, resulting in departure of in-house counsel without litigation.

Reported Cases:

  • Mirabel v. Herb Chambers of Auburn, Inc., 2012 WL 859566 (D. Mass. 2012)
  • Rodio v. R.J. Reynolds Tobacco Co., 416 F. Supp. 2d 224 (D. Mass. 2006)
  • Delegne v. Kinney Systems, Inc., 2004 WL 1881071 (D. Mass. 2004)
  • Stokes v. Saga Int’l Holidays, Ltd., 218 FRD 6 (D. Mass. 2003)
  • Kifle v. Kinney Systems, Inc., 25 MDLR 252 (MCAD July 17, 2003)
  • Flebotte v. Dow Jones & Co., Inc., 51 F. Supp. 2d 36 (Mass. 1999)
  • Tomka v. The Seiler Corp., 66 F.3d 1295 (2d Cir. 1995)
  • Lysak v. The Seiler Corp., 415 Mass. 625 (1993)

Education

  • J.D., magna cum laude, Boston University School of Law, 1991
  • B.B.A., University of Massachusetts at Amherst, 1987

Admittance to Practice

  • Massachusetts
  • U.S. District Court, District of Massachusetts
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Eastern District of Missouri
  • U.S. Court of Appeals, First and Second Circuits

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

  • Association of Corporate Counsel (Northeast Chapter) - "Massachusetts Pay Equity Law: #timesup (almost)!" - June 5, 2018
  • Ogletree Deakins Workplace Strategies Seminar - "The Life of a Discrimination Claim—From Allegation Through Trial" - Phoenix - May 9, 2018
  • Ogletree Deakins Webinar - "New Year, New Pay Equity Laws: Bans on Salary History Inquiries" - January 9, 2018
  • Ogletree Deakins Workplace Strategies Seminar - "Call the Hotline? Constructing a Whistleblower/Internal Complaint Program" - San Diego - May 5, 2017
  • Massachusetts Continuing Legal Education - MCLE Employment Law Conference - "1,000,000 Ways to Prove (or Disprove) Pretext" - Boston - December 2016
  • Ogletree Deakins Labor and Employment Counsel Exclusive Seminar - "I Do What I Want! Managing Individual Expression at Work" - Colorado Springs - October 1, 2016
  • Ogletree Deakins Webinar - "Massachusetts Enacts Sweeping Pay Equity Legislation" - August 24, 2016
  • Ogletree Deakins Webinar - "Pay Equity: Federal and State Focus Increases Risk of Pay Discrimination Claims for Many Employers" - February 23, 2016
  • Ogletree Deakins Labor and Employment Counsel Exclusive Seminar - "The New “Me Too” Litigation—Defending Self-Reinforcing Claims Brought By Multiple Plaintiffs" - Phoenix - November 13, 2015
  • Ogletree Deakins Webinar - "Massachusetts Earned Sick Time, Ready or Not" - June 25, 2015
  • Ogletree Deakins Workplace Strategies Seminar - "Healthcare and Life Sciences . . . Emerging Issues for Employers" - San Antonio - May 15, 2015
  • Ogletree Deakins Workplace Strategies Seminar - "Harmonizing Cross-Border Employment Practices and “Boilerplate” Language" - Las Vegas - May 8, 2014
  • Ogletree Deakins Workplace Strategies Seminar - "From Harassment to Fraud: A Workshop On Conducting First-Rate Workplace Investigations" - New Orleans - May 8, 2013
  • Boston Bar Association - "The Supremes-Review and Preview of Supreme Court and SJC Employment Cases" - Boston - October 2012 - October 2013
  • Boston Bar Association - "The Legal Landscape of Stereotyping and Unconscious Bias Cases" - Boston - June 2009
  • Massachusetts Continuing Legal Education - "What Every Lawyer Needs To Know About Employment Law" - Boston - June 2009 - June 2013
  • Boston Bar Association - "Litigating Wage/Hour, Class/Collective Actions" - Boston - May 2009
  • Boston Bar Association - "Employment Law Basics" - Boston - May 2008 - April 2013
  • MCLE Employment Law Conference - "Employment Related Tort Claims Update" - Boston - December 2007
  • Boston Bar Association - "Handling Retaliation Cases - The Cutting Edge" - Boston - September 2007
  • Suffolk University Law School - "Retaliation Claims After White" - Boston - September 2006
  • MCLE Employment Law Conference, Massachusetts Continuing Legal Education - "Electronic Discovery Best Practices" - Boston - December 2005
  • Suffolk University Law School - "Employment Litigation - Thinking Outside the Box" - Newton - October 2003
  • Associated Industries of Massachusetts - "Management 2003, Best Practices in a Competitive Economy" - Boston - May 2003
  • 2008 - Boston Bar Association - "Employment Law Guide: A Practical Guide to Understanding Massachusetts Employment Law"
  • March 2007 - New England In-House - "Why Retaliation Claims Are On The Rise and What Employers Can Do About It"
  • July 26, 2006 - New England In-House - "Protecting Privileges in Internal HR Investigations: A Primer"
  • August 5, 2016 - SHRM Online - "New Mass. Pay Equity Law Prohibits Salary-History Questions"
  • June 9, 2014 - Boston Bar Association - "Working to Address Employment Issues in Nonprofits"
  • February 17, 2013 - Boston Globe - "Exploring the Age Divide in Boston Start-Ups"
  • April 20, 2012 - SHRM.org - "Letter Carrier’s Claim of Disability-Based Harassment Properly Dismissed"
  • Best Lawyers Award Badge
  • Ranked in Chambers USA
  • Top 100 New England Lawyer by Boston Magazine (2010)
  • AV rated by Martindale-Hubbell since 2002
  • Super Lawyer (2007-present) (Litigation – Employment Defense)
  • Chambers USA (2019)
  • Best Lawyers in America (2016 – 2019)

Insights by Mark H. Burak