Mark A. McNitzky

Mark McNitzky has significant experience providing both public and private clients with general advice, counsel, litigation representation in a broad range of employment and labor matters. Mark assists employers in all forms of compliance with local, state, and federal employment laws, including but not limited to drafting and reviewing employment handbooks, developing workplace policies and protocols, analyzing employee classifications and pay structures, and work separation matters. In addition, Mark assists both employers and executives with drafting and reviewing employment agreements, non-competition and non-solicitation agreements, confidentiality agreements, compensation agreements and severance agreements. He also has extensive experience representing clients in investigations conducted by federal and state agencies such as the Equal Employment Opportunity Commission, Department of Labor, Occupational Health and Safety Administration and Texas Workforce Commission. Finally, Mark has represented both public and private clients in arbitration proceedings and state and federal courts on litigation matters involving discrimination and retaliation claims, alleged wage and hour violations, defamation, Equal Pay Act and Family Medical Leave Act claims, and claims of worker’s compensation retaliation.

Industries
Education

  • Texas Tech University School of Law, J.D., 2008
  • Jerry S. Rawls College of Business Administration at Texas Tech University, B.B.A. cum laude, 2005

Associations

  • Member, San Antonio Bar Association
  • Member, San Antonio Young Lawyers Association
  • Member, American Bar Association (Labor and Employment Law section)
  • Past Member, Downtown Rotary Club of San Antonio – Under 40 Program and New Member Announcement
    • Committee Chair, 2015 – 2019
  • Past Member, San Antonio Manufacturers Association, 2015 – 2019
  • Past Member, San Antonio Hotel & Lodging Association, 2015 – 2019
  • Past Participant, Catholic Charities, Archdiocese of San Antonio, Inc. Ask-A-Lawyer Legal Aid Clinic, 2013 – 2015
  • Former Mentor, St. Mary’s School of Law 3-L Mentorship Program, 2013 – 2015

Court Admissions

  • United States District Court, Eastern District of Texas, May 2010
  • United States District Court, Southern District of Texas, February 2011
  • United States District Court, Western District of Texas, September 2012
  • United States District Court, Northern District of Texas, October 2017
  • United States Court of Appeals for the Fifth Circuit, February 2019

Bar Admissions

  • The State of Texas, 2008

Board Certifications
Awards
Accolades

  • Named a Texas Super Lawyer Rising Star in Business Litigation by Thomson Reuters (2023)
  • Named among the Best Lawyers in Employment Litigation by Scene in S.A. Magazine (2015, 2020, 2022)
  • Phi Delta Phi International Honors Legal Fraternity, Warren Inn Chapter (2006 – Present)
  • Named one of the Best Lawyers in America by Woodward and White in Employment Law – Management and Litigation – Labor and Employment (2026)

Personal Information

Cases & Publications

Presentations

  • EEOC Management Training – “Employment Law 101” – San Antonio – January 2023
  • Rio Grande Valley Society for Human Resources Management Monthly Luncheon – “Hot Topics in Labor & Employment Law 2022” – August 2022
  • Property Management Association Training Seminar – “Dogs and Monkeys and Birds … Oh My! Understanding the Obligation to Accommodate Assistance Animals Under the Fair Housing Act” – San Antonio – September 2021
  • Texas Housing Association Annual Conference – “Diversity, Inclusion & Equity: Creating Change Agents One Person at a Time” – Austin – August 2021
  • Clark Hill Strasburger Quarterly Breakfast Briefing (Co-Presenter) – “On the Horizon for 2020: Developments in Employment Law” – Austin – February 2020/San Antonio – March 2020
  • Young Presidents’ Association/Clark Hill Strasburger Professional Mixer – “Basics of Employment Law” – San Antonio – January 2020
  • 33rd Annual Seminar on Ad Valorem Taxation – “Ethics in the Workplace” – San Antonio – August 2019
  • Ogletree Deakins San Antonio Breakfast Briefing (Co-Presenter) – “Disability Accommodations and the Interactive Process” – San Antonio – February 2019
  • Rio Grande Valley Society for Human Resource Management Annual Conference – “No Vacation from Retaliation” – Mission – September 2018
  • San Antonio Hotel/Lodging Association and San Antonio Tourism Council Labor Law & Safety Seminar – “Headline News: An Employment Law Update” – San Antonio – August 2018
  • Hill Country Human Resources Management Association Employment Law Seminar (Co-Presenter) – “No Vacation from Retaliation” – San Marcos – June 2018
  • Ogletree, Deakins South Texas Seminars (Co-Presenter) – ”Employment Law Update” – McAllen and Laredo – April 2018
  • Rio Grande Valley Society for Human Resource Management Annual Conference (Co-Presenter) – ”The Invisible Workforce: Managing Leave Entitlements to Get Employees Back to Work (or on Their Way)” – Mission – September 2017
  • Laredo Association of Human Resources Management Annual Conference (Co-Presenter) – “Headline News – the Latest Employment Law Developments” – Laredo – October 2016
  • Rio Grande Valley Society of Human Resources Management Annual Conference (Co-Presenter) – “Headline News – the Latest Employment Law Developments” – Mission – September 2016
  • Sterling Education Seminar – “Implementing the Affordable Care Act in 2016” – San Antonio – April 2016
  • Sterling Education Seminar – “2015-2016 Case Law and Legislative Review “– San Antonio – April 2016
  • Ogletree Deakins San Antonio Breakfast Briefing (Co-Presenter) – ”Employment Law Update” – San Antonio – September 2015
  • San Antonio Hotel/Lodging Association Seminar – ”Employment Law Update” – San Antonio – April 2015
  • Lutheran Services of America Seminar – “New Issues Regarding FLSA White-Collar Exemptions and the Pregnancy Discrimination Act” – San Antonio – April 2015
  • Ogletree Deakins South Texas Seminars – ”Employment Law Update: Hot Topics in 2015” – Corpus Christi, McAllen – April 2015
  • Ogletree, Deakins South Texas Seminars – ”Employment Law Update: Issues on the Horizon” – Corpus Christi, McAllen, Laredo – April 2014
  • Sterling Education Seminar – ”Termination Best Practices” – San Antonio – April 2014

Publications

  • “Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims” – JD Supra and The National Law Review – April 3, 2018
  • “Is a Threatened Pay Cut an Adverse Action? Fifth Circuit Issues Pro-Employer Ruling in Retaliation Case” – JD Supra – February 8, 2016
  • “Coffee and Tipping Do Not Mix: Fifth Circuit Rejects Behind-the-Scenes Baristas’ Tip Pooling Arrangement” – Casetext, JD Supra and Lexology – November 10, 2015
  • ”2016 Midwinter Meeting Report” – ABA Section of Labor & Employment Law, Committee on Federal Labor Standards Legislation, Subcommittee on FMLA Publication (Contributing Author) – March 2016
  • ”2015 Midwinter Meeting Report” – ABA Section of Labor & Employment Law, Committee on Federal Labor Standards Legislation, Subcommittee on FMLA Publication (Contributing Author) – March 2015
  • ”2014 Midwinter Meeting Report” – ABA Section of Labor & Employment Law, Committee on Federal Labor Standards Legislation, Subcommittee on FMLA Publication (Contributing Author) – March 2014