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    Mark Fijman Photograph

    Mark Fijman

    Counsel

    New Orleans
    Jackson
    504-679-5716
    mark.fijman@phelps.com
    Areas Of Focus
    Labor and EmploymentEmployment LitigationWage and Hour

    Mark Fijman represents and advises employers in all aspects of federal and state employment laws dealing with race, age, disability, gender, national origin and religious discrimination and in administrative proceedings before the Equal Employment Opportunity Commission and the U.S. Department of Labor. He also focuses on representing employers seeking to enforce noncompete agreements and taking legal action against former employees for misappropriation and misuse of company trade secrets.

    He represents clients from many industries, including manufacturing, engineering, gaming, health care and hospitality. He has extensive trial experience in the federal court system. In addition to his litigation experience in the private sector, he also represents and defends municipalities and law enforcement agencies in civil rights and employment litigation.

    He routinely counsels human resource professionals on issues ranging from overtime questions to discipline and termination decisions. Restaurant and hospitality industry clients rely on his counsel to resolve labor and employment issues, including complying with the Fair Labor Standards Act and navigating U.S. Department of Labor investigations.

    Prior to beginning his legal practice, Mark worked as a television news producer and reporter for a number of network affiliate stations in the Southeast and Northeast. He also maintains a practice representing media outlets and individuals in First Amendment and defamation cases.

    He routinely counsels human resource professionals on issues ranging from overtime questions to discipline and termination decisions. Restaurant and hospitality industry clients rely on his counsel to resolve labor and employment issues, including complying with the Fair Labor Standards Act and navigating U.S. Department of Labor investigations.

    Prior to beginning his legal practice, Mark worked as a television news producer and reporter for a number of network affiliate stations in the Southeast and Northeast. He also maintains a practice representing media outlets and individuals in First Amendment and defamation cases.

    Experience

    • Defended national restaurant chain franchise in case alleging race, disability and wage and hour claims. The case resulted in a jury verdict for the employer.
    • Defended Fortune 500 company in Americans with Disabilities (“ADA”) litigation associated with reduction-in-force.
    • Represented engineering firm in litigation brought against former company executive for misappropriation of trade secrets and breach of fiduciary duty.
    • Representing national wholesale distributor in litigation brought against former employees for breach of non-compete/non-solicitation agreements.
    • Representation of a Mississippi municipality in a race discrimination/retaliation case, resulting in pretrial dismissal of the lawsuit.
    • Representation of a Mississippi municipality in an excessive force lawsuit. The case resulted in a jury verdict for the city.
    • Representation of a Mississippi municipality in an excessive force lawsuit. The case resulted in a jury verdict for the city.

    Insights

    • April 24, 2025

      SCOTUS Declines to Review Independent Contractor Case While Biden-Era Rule in Limbo …

    • March 19, 2025

      Employment Law Lessons from Recent Celebrity Cases…

    More +
    • January 28, 2025

      Firings Leave NLRB in Limbo, Signal Reboot of Labor Law Enforcement…

    • October 21, 2024

      FTC Nationwide Noncompete Ban Back in Court…

    • October 3, 2024

      Phelps Gets Win for Free Speech Rights in High-Profile Defamation Suit…

    • September 12, 2024

      Fifth Circuit Backs DOL Authority to Set Salary Rules While Latest White-Collar Increase in Limbo…

    • August 15, 2024

      185 Phelps Lawyers Chosen for Best Lawyers in America, 20 Named "Lawyer of the Year," 26 Added to “Ones to Watch” List…

    • August 6, 2024

      Employers Face Waiting Game as Court Weighs Nationwide Block to Sept. 4 Noncompete Ban …

    • July 16, 2024

      Stay Tuned . . . FTC Ban on Noncompetes Could Alter Media Landscape…

    • May 16, 2024

      DOL Warns Employers of AI Risks Under Federal Employment Laws…

    • March 20, 2024

      TX Health Care Employers Must Adopt Workplace Violence Prevention Plans Before Sept. 1 Deadline…

    • March 11, 2024

      Court Strikes Down NLRB Joint Employer Rule and Restores Employer-Friendly 2020 Rule…

    • February 23, 2024

      NLRB’s Joint Employer Rule Delayed to March 11 Amid Legal Challenge…

    • January 9, 2024

      DOL Sets New Independent Contractor/Employee Classification Test Under the FLSA…

    • January 4, 2024

      The New Year May Bring a Broader Scope to Title VII and Greater Potential Liability to Employers…

    • November 15, 2023

      Fifth Circuit Rules Tesla Dress Code Does Not Violate NLRA…

    • November 10, 2023

      Annual New Orleans Labor & Employment Seminar: Changing Seasons in Employment Law…

    • November 2, 2023

      Phelps Secures Dismissal for Client Shannon Sharpe in Defamation Suit Brought by Brett Favre…

    • September 22, 2023

      EEOC Sets New Enforcement Targets on Emerging Discrimination Issues…

    • August 30, 2023

      DOL Proposes Significant Update to Salary Requirement for FLSA Overtime Exemptions…

    • August 24, 2023

      LBA Human Resources & Security Conference …

    • August 17, 2023

      Best Lawyers in America Selects 208 Phelps Lawyers, Names 12 "Lawyer of the Year," Adds 47 to "Ones to Watch" List…

    • July 27, 2023

      New EEOC Resource Answers Employer Questions About ADA and Visual Disabilities in the Workplace …

    • June 21, 2023

      Fifth Circuit Upholds Religious Exemption to LGBTQ Rights…

    • June 12, 2023

      DOL Releases Guidance on Mental Health Accommodations for Mental Health Awareness Month…

    • May 9, 2023

      Fifth Circuit Serves Restaurant Employers a Second Chance For Injunction Against DOL’s New “Tip Credit” Rule…

    • May 3, 2023

      EEOC Offers “Promising Practices” for Battling Workplace Harassment …

    • April 5, 2023

      DOL Gives Employer Guidance Before PUMP Act Enforcement Begins April 28 …

    • March 2, 2023

      NLRB Advises That Workplace Discussions of Racism are Protected Concerted Activity Under NLRA…

    • February 22, 2023

      Supreme Court Upholds Entitlement to Overtime for Worker Earning More Than $200,000 a Year…

    • January 5, 2023

      Biden Signs Omnibus Spending Bill Containing Expanded Pregnant and Nursing Employee Protections …

    • December 19, 2022

      NLRB Restricts Property Owner’s Ability to Bar Union Protests …

    • December 19, 2022

      Union-Friendly NLRB Puts Employers on the Hook for Additional Damages for Labor Violations…

    • December 2, 2022

      Annual New Orleans Labor & Employment Seminar: Boots on the Ground…

    • August 29, 2022

      More Time to Amend for Plan Sponsors – IRS Extends SECURE Act Amendment Deadlines …

    • August 1, 2022

      Avoid These Employment Law “Kitchen Fires” to Protect Your Restaurant and Your Employees…

    • July 27, 2022

      Employment Law “Kitchen Fires” – Back Burner Issues…

    • July 25, 2022

      Employment Law “Kitchen Fires” – Avoiding Employment Discrimination…

    • July 21, 2022

      Employment Law “Kitchen Fires” – Common Restaurant Wage and Hour Issues to Watch Out For…

    • July 19, 2022

      Employment Law “Kitchen Fires” – Protecting Your Restaurant Against Sexual Harassment…

    • July 13, 2022

      MACA Presents Handling Terminations and Disciplinary Meetings Effectively, Humanely and Safely…

    • May 12, 2022

      Agencies Offer Tools to Help Employers Using AI Avoid Disability Discrimination …

    • January 19, 2022

      New Bulletin Gives Details on $15 Per Hour Minimum Wage for Federal Contractors Set to Start Jan. 30…

    • January 13, 2022

      U.S. Supreme Court Blocks OSHA Vaccine Mandate But Permits Health Care Worker Mandate to Go Into Effect…

    • December 15, 2021

      EEOC Clarifies When COVID-19 Is a Disability…

    • December 7, 2021

      Federal Contractor Vaccine Mandate Blocked Nationwide…

    • August 5, 2021

      Mississippi Labor & Employment Law Conference…

    • April 29, 2021

      Louisiana ACC Presents Looking at Contracts in the New Normal…

    • March 11, 2021

      CDC Loosens Its Guidelines on COVID-19 Restrictions for Vaccinated Workers…

    • January 27, 2021

      Restaurant Employers Face Uncertainty With the Future of Tip Credit in Limbo…

    • January 5, 2021

      Some Telemedicine Can Still Count as In-Person Visits Under FMLA in 2021…

    • November 3, 2020

      CDC Widens What Counts as "Close Contact"…

    • August 25, 2020

      DOL Clarifies Employers' Obligations to Track Hours Worked by Teleworking Employees…

    • August 6, 2020

      New EEOC Guidance Answers Opioid Addiction and Employment Questions…

    • May 1, 2020

      OSHA Issues Safety Alert for Restaurants Providing Curbside Pickup and Take-Out Service…

    • April 17, 2020

      EEOC Updates How Employers Should Address Workforce Issues Once Stay-At-Home Orders Are Lifted…

    • April 8, 2020

      Louisiana Eases Requirements for Unemployment Insurance in Emergency Proclamation…

    • March 2, 2020

      Federal Agencies Offer Guidance to Employers on How to Plan and Respond to Spread of Coronavirus…

    • January 14, 2020

      DOL Final Rule Limits Joint Employer Liability…

    • January 2, 2020

      New Year...New Overtime Rules!…

    Recognition

    • Employment Law - Management, The Best Lawyers in America (2024-2025)
    • George Foster Peabody Broadcast Award – Documentary “Under the Influence” (Television Producer), WKRN TV, Nashville, Tennessee (1993)
    • Mississippi Associated Press Award “Best Newscast”, WJTV-TV, Jackson, Mississippi (1988)
    • Employment Law - Management, The Best Lawyers in America (2024-2025)
    • George Foster Peabody Broadcast Award – Documentary “Under the Influence” (Television Producer), WKRN TV, Nashville, Tennessee (1993)
    • Mississippi Associated Press Award “Best Newscast”, WJTV-TV, Jackson, Mississippi (1988)

    Education

    • Mississippi College School of Law, J.D., Case Note and Comment Editor, Mississippi College Law Review, 1998
    • Emerson College, B.S., Mass Communications, Gold Key Honor Society, 1983
    • Mississippi College School of Law, J.D., Case Note and Comment Editor, Mississippi College Law Review, 1998
    • Emerson College, B.S., Mass Communications, Gold Key Honor Society, 1983

    Credentials

    • Louisiana
    • Mississippi
    • Texas
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. District Court, Southern District of Mississippi
    • Judicial Law Clerk for Hon. B. Greg Hinkebein, Mississippi Court of Appeals
    • Louisiana
    • Mississippi
    • Texas
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. District Court, Southern District of Mississippi
    • Judicial Law Clerk for Hon. B. Greg Hinkebein, Mississippi Court of Appeals

    Memberships and Affiliations

    • Federal Bar Association, Mississippi Chapter - President (2003-2004)
    • State Bar of Texas
    • The Mississippi Bar
    • Louisiana State Bar Association
    • Federal Bar Association, Mississippi Chapter - President (2003-2004)
    • State Bar of Texas
    • The Mississippi Bar
    • Louisiana State Bar Association
    • Overview
    • Experience
    • Insights
    • Recognition
    • Education
    • Credentials
    • Memberships and Affiliations

    Related Services

    • Labor and Employment
    • Employment Litigation
    • Wage and Hour
    • Franchise and Distribution
    • Media and First Amendment Law
    • Media, Sports and Entertainment
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