Mark I. Schickman

Specialization

• Labor and employment advice
• Employment litigation and appeals
• Representation of management in union organization campaigns, contract negotiations, responses to NLRB charges, and employee arbitrations

About Mark's Practice

Mark I. Schickman is the Editor of the California Employment Law Letter and has written and appeared in numerous employment training videos. He concentrates on employment and labor law, litigating every type of employment matter, handling charges before California and Federal administrative agencies and providing advice in avoiding liability for discrimination, harassment, wrongful termination, union-related charges, and all other aspects of the employment relationship. He is a member of the blue ribbon employment arbitration panel of the America Arbitration Association and has written about and taught labor and employment law across the country.

He has represented California on the American Bar Association's Board of Governors and has served as president of the Bar Association of San Francisco and as governor of the State Bar of California—posts that keep him focused on the entire employment law landscape in California.

Education

• Columbia Law School, J.D., with honors, 1974
• Columbia University International Fellow, 1973
• Columbia College, A.B., with honors, 1971

Major Publications & Speaking Engagements

• Editor, California Employment Law Letter
• Quoted, "SCOTUS abortion ruling raises complex policy questions for employers," HR Daily Advisor, June 28, 2022
• Quoted, "Supreme Court Rejects One Vax Mandate, But Employers Urged to Stay Tuned," HR Daily Advisor, January 14, 2022
• Author, "Just whine, baby: Gruden sues NFL over leaked e-mails," California Employment Law Letter, December 6, 2021, and HR Daily Advisor, January 7, 2022
• Author, "Cost of working from home is still unclear," California Employment Law Letter, September 6, 2021, and HR Daily Advisor, October 12, 2021
• Author, "Alleged casting couch: sex in return for a promotion," California Employment Law Letter, August 9, 2021, and HR Daily Advisor, August 30, 2021
• Author, "Employee unwellness and the rise of workplace shootings," California Employment Law Letter, June 14, 2021, and Total Security Advisor, June 10, 2021
• Quoted, "Quick Firing of NLRB General Counsel Seen as Unmistakable Sign of Prolabor Shift," HR Daily Advisor, January 22, 2021
• Quoted, "Trump's Training Order Raising Concerns About Employers' Diversity Efforts," HR Daily Advisor, October 1, 2020
• Author, "Is 'Hobbs & Shaw' still 'Fast and Furious'?" California Employment Law Letter, September 21, 2020, and HR Daily Advisor, September 30, 2020
• Quoted, "California Injunction Assails Uber, Lyft Business Model," HR Daily Advisor, August 12, 2020
• Author, "Resetting Workplace Goals Amid Pandemic, Layoffs, Unrest," California Employment Law Letter, June 22, 2020, and HR Daily Advisor, June 26, 2020
• Author, "500-day journey to the new normal," California Employment Law Letter, April 27, 2020, and HR Daily Advisor, May 14, 2020
• Author, "California Governor Signs AB5: When in Doubt, Worker Is Employee," California Employment Law Letter, September 22, 2019, and HR Daily Advisor, September 19, 2019
• Quoted, "California Bill Signals 'Brand New Ball Game' for Gig Economy Businesses," HR Daily Advisor, September 12, 2019
• Quoted, "California Employers Get More Time to Comply With New Harassment Training Law," HR Daily Advisor, September 5, 2019
• Quoted, "Proposed Rule Boosts Protection for Religious Organizations with Federal Contracts," HR Daily Advisor, August 19, 2019
• Author, "Supreme Court poised to make its mark on employment law," California Employment Law Letter, April 29, 2019, and HR Daily Advisor, June 12, 2019
• Author, "Firing drummer was a protected act of free expression," February 21, 2019, and HR Daily Advisor, March 21, 2019
• Author, "The price of success?" California Employment Law Letter, December 24, 2018, and HR Daily Advisor, February 11, 2019
• Author, "Where do employees get their Kix?" California Employment Law Letter, September 9, 2018, and Diversity Insight, October 12, 2018
• Author, "The gig is up: Supreme court ruling not good for gig economy," California Employment Law Letter, May 9, 2018, and HR Daily Advisor, May 29, 2018
• Author, "Bay area hosts 3 of nation’s 6 hardest-working cities, so, congratulations" California Employment Law Letter, March 11, 2018, and HR Daily Advisor, April 26, 2018
• Author, "When is a discrimination complaint against a manager an act of harassment?" California Employment Law Letter, January 14, 2018, and Diversity Insight, February 5, 2018
• Quoted, "Catch-22 on Marijuana Laws Continues with New Justice Department Policy," HR Daily Advisor, January 8, 2018
• Quoted, "Special from AEIS--Biggest and Costliest HR Mistakes," HR Daily Advisor, December 5, 2017
• Quoted, "High-Profile Sexual Assault Claims Put Focus on Workplace Harassment," HR Works Podcast, November 29, 2017 
• Author, "Harvey Weinstein affair offers few surprises," California Employment Law Letter, October 23, 2017, and HR Daily Advisor, October 31, 2017
• Author, "Violent culture, violent workplaces," California Employment Law Letter, July 16, 2017, and Diversity Insight, August 20, 2017
• Quoted, "Alt-right protests: Protected off-duty activity or cause for termination?" HR Hero Line, August 16, 2017
• Author, "ATK curdles its executive transition," California Employment Law Letter, April 23, 2017, and HR Hero Line, June 21, 2017
• Author, "Sexual harassment prevention: the easiest thing to teach and the hardest thing to accomplish," California Employment Law Letter, May 16, 2017, and HR Daily Advisor, June 12, 2017
• Quoted, "'Snowflake' test: Legitimate hiring tactic or invitation for trouble?" HR Hero Line, May 26, 2017
• Quoted, "No spin here: O'Reilly case shows 'high performer' not worth harassment factor," HR Hero Line, April 28, 2017
• Author, "Wild kingdom: sexual harassment at the NPS," California Employment Law Letter, October 1, 2016, and Diversity Insight, February 19, 2017
• Author, "Moderation in all things," California Employment Law Letter, June 26, 2015, and HR Hero Line, November 23, 2016
• Author, "A story with legs: Fox News' $20M settlement provides warnings for employers," California Employment Law Letter, September 19, 2016, and Diversity Insight, September 9, 2016
• Author, "Quid pro quo alive and well, says former Fox News anchor--what's happening at your office?" California Employment Law Letter, July 25, 2016, and HR Hero Line, July 19, 2016
• Quoted, "Pop quiz: Will she be Ripa roaring mad?" California Employment Law Letter, May 23, 2016, and HR Hero Line, May 18, 2016
• Quoted, "Uber settlement keeps independent contractor business model," Human Resources News, April 22, 2016
• Author, "Danger, Will Robinson! Danger!" California Employment Law Letter, March 14, 2016, and Technology for HR Blog, April 19, 2016
• Quoted, "New York, California gearing up for $15 minimum wage," Human Resources News, April 5, 2016
• Quoted, "Effort to push California minimum wage to $15 reported," Human Resources News, March 28, 2016
• Author, "Why Supreme Court transition is important to employers--and the republic," HR Hero Line, February 15, 2016
• Author, "When a good employee makes a bad mistake," California Employment Law Letter, July 13, 2015, and Diversity Insight, January 17, 2016
• Author, "Goodbye, and thanks for all the grief," HR Hero Line, January 15, 2016
• Author, "Religious discrimination in America: Alive and Well in 2016," ABA Section of Civil Rights and Social Justice, January 5, 2016
• Author, "Keeping the news out of the workplace," California Employment Law Letter, May 25, 2015, and Diversity Insight, December 20, 2015
• Author, "Harassment around the house," California Employment Law Letter, November 11, 2015, and HR.BLR.com, December 15, 2015
• Quoted, "California getting tough law on gender wage gap," Human Resources News, October 7, 2015
• Quoted, "ABA urges extending protections to all in fight against sexual violence," ABA Journal, October 1, 2015
• Author, "FedEx, Uber, and the new economy: redefining the working relationship," HR Hero Line, September 4, 2015
• Quoted, "Uber class action expected to have national implications," Human Resources News, September 2, 2015
• Author, "You are what you tweet," California Employment Law Letter, June 8, 2015, and Technology for HR Blog, July 29, 2015
• Author, "San Francisco Retail Workers' Bill of Rights to be implemented July 1," Human Resources News, June 5, 2015
• Author, "Juries to decide if Uber, Lyft drivers are employees," California Employment Law Letter, January 12, 2015, and HR Hero Line, March 12, 2015
• Quoted, "Kleiner ex-partner Pao to testify in own Silicon Valley bias case," Reuters, March 5, 2015
• Author, "Sign of the times: Jill Abramson, the New York Times, and pay equity," California Employment Law Letter, June 9, 2014, and Diversity Insight, November 16, 2014
• Author, "50 ways to list your lover," California Employment Law Letter, March 10, 2014, and Diversity Insight, June 15, 2014
• Author, "The McDonnell-Douglas Test in Jury Actions Brought Under the Age Discrimination in Employment Act of 1967," 32 Hastings Law Journal 1239 (1981)
• Author, "California Legislation Regarding the Employment of Older Workers," American Bar Association Symposium Handbook for Lawyers and Personnel Practitioners
• Author, "The HR Guide to Super Bowl XLVIII," HR Hero Line, January 31, 2014
• Speaker, "Wage and Hour Issues in California," Lorman Education Seminars
• Speaker, "Human Resources Fundamentals," Lorman Education Seminars

Admitted to Practice

Supreme Court of California (1974); U.S. Supreme Court (1982); U.S. Court of Appeals, Ninth Circuit (1974); U.S. District Courts: California (1974), Illinois (1996), and Arizona (1997)