Mark E. Brossman is co-head of the Employment & Employee Benefits Group. His areas of concentration include ERISA, employment discrimination, labor relations and related litigation. Mark is well known for his expertise in education law and representation of educational institutions including independent schools, colleges, universities, professional training programs and education-related associations. Mark is a frequent public speaker and author. He has served as an instructor at Columbia University Teacher’s College and as a lecturer in the Cornell University ILR School’s Labor Relations Studies Program.

Mark is listed in The Best Lawyers in America and New York Super Lawyers and was recognized by both Human Resource Executive and Lawdragon as one of the 100 most powerful employment attorneys in America. Mark received the Cornell University School of Industrial and Labor Relations’ prestigious Judge William B. Groat Alumni Award, the Emerald Isle Immigration Center’s Robert Briscoe Award, membership in the Academy of Employee Benefit Authors, and the Lawyers Alliance for New York’s Cornerstone Award (for outstanding pro bono service to New York nonprofit organizations), in addition to being the first recipient of LANY’s Pro Bono Leadership Award. He also is active in several not-for-profit organizations and serves on the Board of Directors of New York University School of Law’s Center for Labor & Employment Law, the Advisory Council of Cornell University ILR School, the Board of Trustees of Bard College, the Advisory Board of The Scheinman Institute of Conflict Resolution at Cornell University and is a trustee emeritus of the Montefiore Health System Inc.

Publications

“New York Child Abuse Reporting Requirements Will Extend to Private Schools,” SRZ Alert, Jan. 11, 2019 (co-author)

“What Are the Retirement Plan Dollar Limits for 2019?,” SRZ Alert, Nov. 11, 2018 (co-author)

“Overtime Exemptions for Educational Institutions,” SRZ Alert, April 20, 2018 (co-author)

“Tax-Exempt Organizations Face a New 21 Percent Excise Tax on Compensation Paid to Non-Profit Executives in Excess of $1 Million,” SRZ Alert, Jan. 18, 2018 (co-author)

“Cybersecurity Risks and Considerations for Plan Sponsors to Protect Employee Benefit Plans,” SRZ Alert, Dec. 19, 2017 (co-author)

“New York Paid Family Leave Benefits Law to Take Effect,” SRZ Alert, Dec. 1, 2017 (co-author)

House Tax Reform Bill: Potential Dramatic Changes for U.S. Compensation Arrangements,” SRZ Alert, Nov. 7, 2017 (co-author)

“2018 Increases Announced for Retirement Plan Dollar Limits,” SRZ Alert, Oct. 19, 2017 (co-author); republished in Westlaw Journal – Employment, November 8, 2017

“Connecticut Supreme Court Lets Jury Verdict Stand in Munn v. Hotchkiss School,” SRZ Alert, Sept. 7, 2017 (co-author)

“University Retirement Plans Under Scrutiny for Excessive Fees,” SRZ Alert, June 6, 2017 (co-author); republished in Law360, June 15, 2017

New Requirements for Independent Contractor Agreements in New York City,” SRZ Alert, May 12, 2017 (co-author); republished in Westlaw Journal – Employment, June 6, 2017

“New York City to Ban Employer Inquiries and Reliance on Salary History,” SRZ Alert, April 7, 2017 (co-author)

“President Trump and the Affordable Care Act: What Happens Now?,” SRZ Alert, Jan. 25, 2017 (co-author); republished in Westlaw Journal – Health Care Fraud, February 2017

“Further Amendments to the Nonprofit Revitalization Act of 2013 Signed into Law,” SRZ Alert, Jan. 12, 2017 (co-author)

“EEOC Issues New Guidance on National Origin Discrimination,” SRZ Alert, Jan. 4, 2017 (co-author)

“SEC Whistleblower Update: New Enforcement Actions for ‘Chilling’ Language in Severance Agreements,” SRZ Alert, Dec. 22, 2016 (co-author)

“Texas Court Blocks New Federal Overtime Rule,” SRZ Alert, Nov. 23, 2016 (co-author)

“New York Court Finds Implied Private Right of Action in Nonprofit Revitalization Act’s ‘Whistleblower Policy,’” SRZ Alert, Nov. 17, 2016 (co-author)

“2017 Retirement Plan Dollar Limits Mostly Remain Flat with Some Increases,” SRZ Alert, Oct. 27, 2016 (co-author); republished in Bloomberg BNA, Dec. 12, 2016

“California Passes Legislation Limiting Enforceability of Forum Selection and Choice of Law Provisions in Employment Contracts,” SRZ Alert, Oct. 14, 2016 (co-author)

“Update for Schools on the New Final Overtime Rule,” SRZ Alert, June 8, 2016 (co-author)

“Update on the New Federal Overtime Regulations and the New York Minimum Wage,” SRZ Alert, May 27, 2016 (co-author); republished in Westlaw Journal – Employment, July 6, 2016

“New York City to Provide Certain Non-Public Schools with Funds to Hire and Train Security Guards,” SRZ Alert, Feb. 17, 2016 (co-author)

SRZ Pension and Health Plans: 2015 Year-End Review, February 2016 (co-author)

“Amendments to the New York Nonprofit Revitalization Act of 2013 Signed into Law,” SRZ Alert, Jan. 29, 2016 (co-author)

SRZ Employment Law Update: 2015 Year-End Review, January 2016 (co-author)

“Cadillac Tax Officially Delayed to 2020,” SRZ Alert, Dec. 21, 2015 (co-author)

“Social Investing Redux: Obama Administration Changes Course,” Law360, Dec. 2, 2015

“New York City Commission on Human Rights Issues Enforcement Guidance on Fair Chance Act and Clarifies Credit Check Law Exemption,” SRZ Alert, Nov. 11, 2015 (co-author); republished in Benefits Law Journal, Spring 2016

“Retirement Plan Dollar Limits Remain Flat for 2016,” SRZ Alert, Oct. 21, 2015 (co-author)

“Recent Labor Department Actions Target Independent Contractor Misclassification, Overtime,” Westlaw Journal – Employment, Sept. 15, 2015 (co-author)

“Now We Know How NYC’s Credit Check Ban Will Be Interpreted,” Law360, Sept. 4, 2015 (co-author)

“New York City Commission on Human Rights Issues Enforcement Guidance on Credit History Law,” SRZ Alert, Sept. 3, 2015 (co-author)

“Recent Department of Labor Actions Seek to Limit Independent Contractor Misclassification and Raise the Salary Requirements for Overtime Exemption,” SRZ Alert, Aug. 7, 2015 (co-author)

“Second Circuit Adopts New ‘Primary Beneficiary Test’ for Determining Whether Unpaid Interns Are Employees,” SRZ Alert, July 27, 2015 (co-author); republished in Westlaw Journal – Employment, Aug. 18, 2015

“New York City to Ban Employer Pre-Offer Inquiries About Applicant Criminal Records,” SRZ Alert, July 2, 2015 (co-author)

“U.S. Supreme Court Holds Premium Tax Credits Available on All Exchanges — Key Group Health Plan Action Items,” SRZ Alert, July 2, 2015 (co-author)

“NYC Employers Should Check Themselves Before Employees,” Law360, May 22, 2015 (co-author)

“NLRB’s Office of the General Counsel Addresses Employee Handbook Policies,” SRZ Alert, May 12, 2015 (co-author)

“New York City to Restrict Employers’ Use of Credit History in Employment Decisions,” SRZ Alert, April 30, 2015 (co-author)

SRZ Employment & Employee Benefits Developments: New Health Care Compliance Considerations for Employersin 2015, January 2015(co-author)

“New York State Eliminates Annual Wage Notice,” SRZ Alert, Jan. 22, 2015 (co-author); republished in Westlaw Journal – Employment, March 3, 2015

“Health Care Reform Legislation and Its Impact on Multiemployer Funds and Beyond,” The Regulation of Compensation: Proceedings of the NYU 66th Annual Conference on Labor (LexisNexis), 2014 (co-author)

“IRS Announces Increased Retirement Plan Dollar Limits for 2015,” SRZ Alert, Oct. 23, 2014 (co-author)

“Bipartisan House Bill Provides Private Right of Action for Misappropriation of Trade Secrets,” SRZ Alert, Aug. 7, 2014 (co-author)

“EEOC Issues New Guidance on Pregnancy Discrimination, Adding to New York City’s Protections,” SRZ Alert, July 31, 2014 (co-author)

“Court Determines California Teacher Tenure Laws Are Unconstitutional,” SRZ Alert, June 27, 2014 (co-author); republished in Westlaw Journal – Employment, July 22, 2014

“New Challenges to Pay Confidentiality Policies,” Law360, June 23, 2014 (co-author)

“The Nonprofit Revitalization Act of 2013 Takes Effect on July 1, 2014,” SRZ Alert, May 7, 2014 (co-author)

“Update on New York City’s Paid Sick Leave Law,” SRZ Alert, April 11, 2014 (co-author)

“2014 Employment Law Updates for New York Employers,” SRZ Alert, Jan. 31, 2014 (co-author)

“Fiduciary Tool Kit for Compliance: Common Errors in Qualified and Nonqualified Retirement Plan Administration,” Bloomberg BNA Pension & Benefits Daily, Dec. 27, 2013 (co-author)

“Rising Litigation Over Unpaid Interns,” New York Law Journal, Dec. 23, 2013 (co-author)

“Accommodations for Disabilities Under the New York City Human Rights Law,” SRZ Alert, Nov. 26, 2013 (co-author)

“Recent Employment Law Updates for New York Employers,” SRZ Alert, Oct. 24, 2013 (co-author)

SRZ Employment & Employee Benefits Developments: Health Care Compliance Burdens Continue to Weigh on Employers, Fall 2013 (co-author)

“The Nonprofit Revitalization Act of 2013,” SRZ Alert, Oct. 1, 2013 (co-author)

“ERISA Liabilities of Private Equity Funds: First Circuit Addresses Control Group Liability,” SRZ Alert, Aug. 2, 2013 (co-author)

“US Supreme Court Issues Affirmative Action Decision,” SRZ Alert, July 16, 2013 (co-author)

“Supreme Court’s DOMA Decision Sparks Changes in Employee Benefits,” SRZ Alert, July 16, 2013 (co-author)

“New York State Minimum Wage Increases and New York City’s Paid Sick Days Requirements,” SRZ Alert, May 14, 2013 (co-author)

“Independent Schools Should Review Student Travel Policies in Light of Recent Jury Verdict,” SRZ Alert, April 22, 2013 (co-author)

“Unemployed Persons: A New Protected Class in NYC,” SRZ Alert, April 4, 2013 (co-author)

“New Poster and Forms for US Employers,” SRZ Alert, March 19, 2013 (co-author)

“Labor Attorney Weighs in on School Bus Driver Strike,” Good Day New York, Jan. 18, 2013 (interview)

“IRS Broadens Program for Re-Classification of Independent Contractors as Employees,” SRZ Alert, Jan. 14, 2013 (co-author)

SRZ Employment & Employee Benefits Developments: 2012 Year-End Health Plan Highlights and Reminders, December 2012(co-author)

SRZ Employment & Employee Benefits Developments: 2012 Year-End Reminders for Pension Plan Sponsors, December 2012 (co-author)

“New Requirements for Employers’ Background Checks and Social Security Number Usage,” SRZ Alert, Dec. 3, 2012 (co-author)

“NY State Legislature Amends Dignity Act to Expand Definition of Harassment and Bullying,” SRZ Alert, Oct. 26, 2012 (co-author)

“Retirement Plan Dollar Limits Increase for 2013,” SRZ Alert, Oct. 19, 2012 (co-author)

“New York State Education Department Releases Guidance to Help Schools Comply with the Dignity Act,” SRZ Alert, May 16, 2012 (co-author)

“Supreme Court Decision of Interest for Religious Schools,” SRZ Alert, March 5, 2012 (co-author)

“New Waiver Procedures for Nonprofits to Hire Licensed Professionals,” SRZ Alert, May 10, 2011 (co-author)

“Recent Enactment of Prudent Management of Institutional Funds Act Will Affect New York State Independent School Endowments,” SRZ Alert, Feb. 23, 2011 (co-author)

“Electronic Filing of Immunization Survey Mandatory Effective 2011-12 School Year,” SRZ Alert, July 26, 2010 (co-author)

“New York Private Schools May Have to Show Damages to Collect Full Tuition in Breach of Tuition Contract Case,” SRZ Alert, Sept. 18, 2009 (co-author)

“Schools May Be Required to Comply with FTC Rules Aimed at Preventing Identity Theft,” SRZ Alert, Jan. 15, 2009 (co-author)

“New Resource Guide Provides Advice on Developing and Implementing Policies for Students with Life-Threatening Allergies,” SRZ Alert, Sept. 24, 2008 (co-author)

“NYC Department of Health Issues New Regulations for Kindergarten and Pre-Kindergarten Programs,” SRZ Alert, Aug. 28, 2008 (co-author)

“Kindergarten and Pre-Kindergarten Programs Exempt from Article 47,” SRZ Alert, July 17, 2008 (co-author) 

“New Child Abuse Reporting Law Requires Direct Notification,” SRZ Alert, Jan. 2, 2008 (co-author) 

“New York State Mandates ‘Green’ Cleaning,” SRZ Alert, Nov. 7, 2005 (co-author) 

“Legal Considerations in the Investment of Plan Assets,” Investment Policy Guidebook for Trustees, International Foundation of Employee Benefit Plans, 2004

“Alternative Dispute Resolution in the Executive Employment Context,” Executive Compensation (BNA Books), 2004 (co-author)

“The Contingent Workforce: Do Workers=Employees?,” Employee Benefit Issues, 2000 (co-author)

“The Role of Counsel in Sexual Harassment Investigations,” Sexual Harassment in the Workplace, January 2000 (co-author)

“Schools Face Greater Liability for Student Injuries Outside School,” Bac Talk, Winter 1999 (co-author)

“Complying with COBRA: Internal Revenue Service Issues Final Regulations,” New York State Bar Association Labor & Employment Newsletter, 1999 (co-author)

“The Supreme Court Rulings on the Importance of Anti-Harassment Policies,” Ethikos, 1998 (co-author)

“Primary Schools as Well as Colleges are Learning from a Spate of Lawsuits That Sex Harassment Allegations May Be Brought Not Only by Employees but by Students,” National Law Journal, June 1995, and Juvenile Justice (Illinois State Bar Association), October 1995 (co-author)

Speaking Engagements

Panelist, Cornell University ILR School Sexual Harassment at Work: Policy, Practice and Law, March 2018

“School Trips: The Hidden Risks,” National Business Officers Association 2018 Annual Meeting, March 2018

“The Top 10 Mistakes Made by Heads of School & How Not to Make Them,” Independent Schools Association of the Central States 2018 Annual Heads Conference, January 2018

“ADR in Employment Discrimination Cases,” PLI Employment Discrimination Law & Litigation Seminar, June 2017

Moderator, NYU Center for Labor and Employment Law 70th Annual Conference on Labor: Sharing the Gains of the U.S. Global Economy, June 2017

“Risk Management in a New Era,” NYSAIS Business Affairs Conference, May 2017

Moderator, “TalkShop 2017: Cutting-Edge Employment Law Issues for In-House Counsel & HR Executives,” NYU Center for Labor and Employment Law Program, February 2017

“Legal Issues 101” and “Legal Issues and Admissions Q&A,” NYSAIS Admissions Directors Conference, April 2016

“Pensions and Health Insurance Savings for Contingent Faculty,” National Center for the Study of Collective Bargaining in Higher Education and the Professions 43rd Annual National Conference, April 2016

Instructor, “Healthcare and Pensions,” Advanced Collective Bargaining Certificate Program, February 2016

“Keep Calm and Carry On: Dealing with Divorcing High Conflict Parents,” NYSAIS Conference for Assistant Heads and Division Heads, November 2015

Campus Outreach Services Policy Institute on Sexual and Cyber Misconduct, June 2015

“Investigation of Harassment and Other Workplace Complaints — Ethical Aspects: ‘Blurred Lines,’” PLI Employment Discrimination Law & Litigation Seminar, June 2015

“Important Legal Issues for Trustees,” NYSAIS Webinar, April 2015

“Risk Mitigation for Sexual Assault and Harassment Cases in Independent Secondary Schools,” NAIS 2015 Annual Conference, February 2015

“The Legal Ins and Outs of After-School Programs,” NYSAIS After School Conference, November 2014

“The Affordable Care Act in Practice,” PLI Employment Law Institute, October 2014

“Healthcare Reform Litigation Risks: Affordable Care Act Nuances and Responding to Claims for Additional Penalties Arising from ‘Employee’ vs. ‘Independent Contractor’ Classifications,” ACI 22nd National Forum on Wage & Hour Claims and Class Actions, September 2014

“Parent Relationships: Key Constituents” and “Top Tips,” TABS and COS Independent School Conference on Law & Policy, June 2014

“‘Harder to Breathe’: Disabilities Discrimination and Advice,” PLI Employment Discrimination Law & Litigation Seminar, June 2014

Fordham University Sexual Misconduct Policy Institute, June 2014

“Affordable Health Care Act Nuances: Responding to Claims for Additional Penalties Arising From ‘Employee’ vs. ‘Independent Contractor,’” ACI 21st National Forum on Wage & Hour Claims and Class Actions, May 2014

“Disability Discrimination Update,” PLI Higher Education Law: Current Issues and Recent Developments Seminar, May 2014

“Future of Pensions in Academia,” NCSCBHEP 41st Annual National Conference: Achieving Successful Results in Higher Education Through Collective Bargaining, April 2014

Moderator, Cornell University ILR School ACA and Wellness Programs: At Odds with EEO Laws and Collective Bargaining Agreements?, February 2014

“Mergers of Defined Benefit Plans,” IFEBP 59th U.S. Annual Employee Benefits Conference, October 2013

Moderator, “Implications of the Affordable Care Act for Multi-Employer and Single-Employer Plans: What You Need to Know,” NYU Center for Labor and Employment Law, June 2013

“Impact of the Affordable Care Act on Single and Multi-Employer Healthcare Plans,” NYU Center for Labor and Employment Law 66th Annual Conference on Labor, June 2013

“Hot Topics in Wage and Hour Law Part II: Independent Contractor Misclassifications and Exempt Employee Determinations,” ACI 18th National Forum on Wage & Hour Claims and Class Actions, May 2013

“Legal Developments in Admissions,” NYSAIS Admissions Directors Conference, April 2013

“From Concussions to Coaches to Classification Issues — A Head, Shoulders, Knees and Toes Round-Up of Legal Risks in School Athletics” and “Mock Trial on Sexual Misconduct,” COS, NBOA and TABS Schools in Balance — Weighing the Risks, April 2013

“Definitions and Classifications: Supervisor vs. Employee, College Faculty, and Beyond,” ACI Advanced National Forum on NLRB & Labor Law Disputes and Litigation, March 2013

“Trustees as Employers,” International Foundation of Employee Benefit Plans 58th U.S. Annual Employee Benefits Conference, November 2012

“Increasing 403(b) Plan Fee Transparency Under New Regulations While Reducing Fiduciary Risk,” SRZ Wake Up Call for Schools, April 2012

“Legal Q&A,” Admission Officer Workshop, Educational Records Bureau 84th Annual Conference, 2011 

“Employee Misclassification: Defending Against the New Wave of Independent Contractor Misclassification Claims and Ensuring Proper Exempt or Non-Exempt Classifications,” American Conference Institute 13th National Forum on Wage & Hour Claims and Class Actions, 2011

“Legal Q & A,” Educational Records Bureau Conference, 2010

“Legal Issues for New York Heads of School,” New York State Association of Independent Schools Annual Conference for Heads of School, 2009

“Current Legal Climate for Schools in Connecticut and New York,” New York State Association of Independent Schools/Connecticut Association of Independent Schools Business Affairs Conference, 2008

“Legal Issues Confronting Business Managers,” New York State Association of Independent Schools, 2007

“ADA and Schools,” Educational Records Bureau, 2003, 2004, 2005, 2006 and 2007

“School Law Update,” Brooklyn and Staten Island Independent Schools Annual Conference, 2006

“Legal Issues Confronting Heads of Schools,” New York State Association of Independent Schools Annual Membership Meeting, 2005

“Hot Topics in School Law,” New York State Education Department Conference of Non-Public Schools, 2003

“Employment Law Issues for Independent Schools,” National Business Officers Association, 2003

“Legal Issues in Admission,” Educational Records Bureau Conference, 1998, 1999, 2000, 2001, 2002

“Protecting Students While Protecting the School,” New York State Association of Independent Schools/Connecticut Association of Independent Schools Business Affairs Conference, 2002

“Employment Law Workshop,” Lawyers Alliance for New York, 2001

“Legal and Practical Issues Facing Admissions Professionals,” New York State Association of Independent Schools Admissions Directors Conference, 2001

“Executive Compensation: Legal/Tax Implications,” New York State Association of Independent Schools Business Affairs Conference, 2001

“Independent Schools in a Litigious Society,” Independent Schools Chairmen Association, 1999

“The Meaning of ‘Employee’ for Employee Benefit Plans and Programs: Are Non-Traditional Workers Entitled to Benefits?,” New York State Bar Association, 1999

“The ADA and Independent Schools,” New York State Association of Independent Schools, 1997 and 1999

Memberships

New York State Bar Association 

  • Committee on Continuing Legal Education, 2002-present
  • Executive Committee, 2002-2008
  • Committee on Employee Benefits, 1989-2008; Chair, 2004-08; Co-chair, 2002-2003
  • Labor and Employment Law Section, Committee on Labor Relations Law,1984-1988

New York City Bar Association

  • Committee to Enhance Diversity in the Profession, 1995-2006
  • Committee on Minorities in the Profession, 1998-2006
  • Task Force on Minorities, 1995-1998
  • Committee on Employee Benefits, 1993-1997
  • Special Committee on Legal Support Staff, 1992-1995

American Bar Association

  • Section on Labor and Employment Law, Committee on State Law Developments, 1980-2008
  • Chairperson, AIDS and other Communicable Diseases Subcommittee, 1989-1994

Boards

  • Advisory Board, Labor and Employment Law Program, Cornell University School of Industrial and Labor Relations
  • Advisory Council, Cornell University School of Industrial and Labor Relations
  • Board of Advisors, Lawyers Alliance for New York
  • Board of Advisors, The Martin and Laurie Scheinman Institute on Conflict Resolution at the Cornell University ILR School
  • Board of Directors, LiveOn NY
  • Board of Directors, New York University School of Law, Center for Labor and Employment Law
  • Board of Trustees, Bard College
  • Board of Trustees, Montefiore Health System Inc.
  • Cornell University Council

Membership Associations

  • Education Law Association
  • National Association of College and University Attorneys
  • National Association of Independent Schools
  • National Business Officers Association

Distinctions

  • The Best Lawyers in America, 2008-2019
  • New York Super Lawyers, 2006-2018
  • Lawyers Alliance for New York 15 Year Circle Honoree, 2014
  • Honoree, Basil Paterson Scholarship Program, 2014 (to provide tuition and support to home care workers pursuing technical or professional healthcare careers), 1199 SEIU Home Care Education Fund
  • WHEDco Pro Bono Leadership Award, 2014
  • New York State Bar Association Empire State Counsel Honoree, 2013-2014
  • “Good Scout” Award, Westchester-Putnam Boy Scouts, 2011
  • Chair, Advisory Council, Cornell University School of Industrial and Labor Relations, 2008-2010
  • Top 100: The Nation’s Most Powerful Employment Attorneys – Top 10 for ERISA Law, Human Resource Executive 2009 (list chosen by Lawdragon)
  • Cornell University ILR School Judge William B. Groat Alumni Award 2008 (for achievement in the field of industrial relations)
  • Robert Briscoe Award, The Emerald Isle Immigration Center, 2007
  • First Annual Award for Pro Bono Leadership, Lawyers Alliance for New York, 2006
  • “Special Recognition Award,” Home Care Council of New York City, 2003
  • Cornerstone Award (for outstanding pro bono service to New York nonprofit organizations), Lawyers Alliance for New York, 2003
  • “Principal for a Day,” PENCIL, 2000-2003
  • “Advocate for the Aging,” Council of Senior Citizens Centers, 1998
  • Guide to the World’s Leading Labour and Employment Lawyers, Euromoney, 1997
  • Academy of Employee Benefits Authors
  • Cornell University School of Industrial and Labor Relations Lecturer, Labor Relations Studies Program 1980-2004
  • Columbia University Teacher's College Instructor, 1996-2000 

Prior Experience

  • Chadbourne & Parke, 1986-1998    
    • Co-head, Employment and ERISA Department