Mark is co-chairperson of the firm’s Employment and Labor practice team. Mark helps his employer clients avoid disputes through preventative practices, policies and training, and advocates for them in litigation when disputes cannot be avoided.
Capabilities
Biography
Mark practices employment law and commercial litigation in matters before state and federal courts, the Utah Labor Commission and Equal Employment Opportunity Commission. He was recognized by the Utah State Bar as the 2018 Labor & Employment Attorney of the Year. Mark litigates cases involving complex factual and legal matters, including employment discrimination, harassment and retaliation, breach of fiduciary duty, covenants not to compete, solicit, or disclose confidential information, interference with contract, trade secrets and defamation. Mark has tried cases before state and federal courts and before the Adjudication Division of the Utah Labor Commission. He has also argued cases to the Utah Supreme Court, the Utah Court of Appeals and to the United States Tenth Circuit Court of Appeals. Most importantly, Mark helps his clients avoid litigation by daily counseling on employment law problems, developing preventative practices and policies and providing regular inhouse training.
Mark also represents employer group health plans and their administrators in connection with litigation arising under the Employee Retirement Income Security Act (ERISA) and Mental Health Parity and Addition Equity Act.
Experience
Independent Investigation of Sexual Harassment
Conducted an independent investigation of sexual harassment claims against Senator Gene Davis by a legislative intern.
ADA Discrimination Defense
Represented a Utah city regarding discrimination charges under the ADA and in retaliation for filing worker’s compensation claims.
FMLA and ADA Discrimination Defense
Represented a large Intermountain region bank in two discrimination claims in U.S. District Court concerning FMLA and ADA.
Accomplishments
Academic
University of North Carolina at Chapel Hill (J.D., with honors, 2004)
Weber State University (B.S., summa cum laude, Economics, 2001)
Professional
Utah Business Magazine's Utah Legal Elite, Labor and Employment
Recognized in Chambers USA, Labor & Employment - Utah
Mountain States Super Lawyers (Employment & Labor)
Business Today's "Top 10 Labor & Employment Lawyers Impacting Utah's Business Landscape"
Associations
Professional
Member, Society for Human Resource Management (SHRM)
Director of Legal Affairs, Utah State SHRM Council
Co-Director of Legal Affairs, Salt Lake Chapter of the Society for Human Resource Management (SHRM)
Community
Weber State University Business Advisory Council
Insights
Article
Employment Law Update, September 28, 2023
News
Super Lawyers Ranks 32 Parsons Behle & Latimer Attorneys as Top Practitioners in the Mountain States Region
News
Parsons Behle & Latimer Attorneys Named "Utah Legal Elite"
News
Parsons Behle & Latimer Ranked Among Top Law Firms by Chambers and Partners USA
Articles
Employment Law Update, September 28, 2023
Employment Law Update, April 27, 2023
Workplace Violence Protective Order Amendments Signed into Law Through Persistent Lobbying Efforts of Parsons Attorney Mark D. Tolman
Congress Passes the Speak Out Act, Outlawing the Use of NDAs to Silence Victims of Sexual Harassment and Assault
Employment Law Update, June 29, 2022
Presentations
Conducting Effective Workplace Investigations
Parsons Attorneys to Present at SHRM Annual Employment Update
Everything You Want to Ask Your Lawyer But Are Afraid to Ask
Common Mistakes and Horror Stories
2022 Legislative and Regulatory Update
Key Employment Laws Every New HR Professional Must Know
Everything You Want to Ask Your Lawyer But Are Afraid to Ask
The ADA, FMLA and Other Leave Essentials
Emerging Employment Law Issues and Trends for Municipal Employers
Credentials
Licensed
Utah
Idaho
Wyoming
Education
University of North Carolina School of Law
