Mark A. de Bernardo is a Shareholder in the Washington, D.C. Region office of Jackson Lewis P.C. He is Chair of the firm's Drug Testing and Substance-Abuse Management and Alternative Dispute Resolution practice groups.
Mr. de Bernardo concentrates his practice on employment litigation and counseling, government relations, workplace drug testing, and occupational safety and health issues, but also specializes in representation of employers on senior executive personnel actions. He has extensive experience in the management of employment-related class actions. He also has worked at both OSHA and OSHRC, and has a significant practice related to the safety and health issues before those agencies.
Mr. de Bernardo has provided legal representation to more than 25 Fortune 200 corporations; five federal executive branch agencies; the states of Kansas, Louisiana, and California; the governments of Japan, Spain, and the Bahamas; and nearly 20 national trade associations.
In regard to senior executive personnel actions, Mr. de Bernardo is in demand regarding the investigation, adverse employment action, negotiation of severance, and litigation of employment claims by highly placed corporate executives.
In heading up the Jackson Lewis Government Relations practice, Mr. de Bernardo has testified more than 40 times before Congress and various federal and state regulatory agencies and legislative committees on employment and labor law issues. He has submitted or participated in 11 amici curiae briefs to the United States Supreme Court, and nearly 30 amici briefs overall to various courts on behalf of trade associations, business coalitions, and corporate clients.
Mr. de Bernardo is the founder (in 2000), and serves as the President of the Council for Employment Law Equity, a national coalition advocating fair and appropriate policy-making in the employment area. In recent years, Mr. de Bernardo has testified in Congress seven times on behalf of the CELE on arbitration, criminal-background checks, and civil rights issues, and on U.S. Supreme Court employment law decisions. The CELE also regularly files amicus curiae briefs and comments during federal agency rule-makings.
Mr. de Bernardo is the founder (in 1989), and serves as the Executive Director of the Institute for a Drug-Free Workplace, a national coalition dedicated to promoting and preserving the rights of employers and employees in effective substance-abuse-prevention programs, and he served as the President of the Foundation for Drug Education and Awareness. Mr. de Bernardo is the author of four state drug-testing laws, and the only workplace drug-testing law endorsed by the President's Commission on Model State Drug Laws. Among the many clients he has represented on drug-testing issues are the National Basketball Association, the U. S. House of Representatives, and more than 30 Fortune 200 corporations.
Mr. de Bernardo is the author or co-author of 18 books on employment and labor law topics.
Mr. de Bernardo is a frequent speaker at conferences, and has appeared on the Today Show, Good Morning America, Crossfire, Larry King Live, and the ABC, CBS, and NBC evening news. Mr. de Bernardo has been quoted in such publications as Time, Newsweek, U.S. News & World Report, The Wall Street Journal, The New York Times, and The Washington Post.
Mr. de Bernardo is AV-rated by Martindale-Hubbell, and has been listed among the best labor lawyers in Virginia by Chambers USA for several years. He is active in a number of professional and community organizations.
Mr. de Bernardo has served as Special Counsel for Domestic Policy and Director of Labor Law for the U. S. Chamber of Commerce. He was appointed, and twice reappointed, by the Japanese government as the American management representative to the Japan Institute of Labour. He also has contributed chapters to several ABA publications, and has been a guest lecturer at the U. S. Army War College, NYU, Georgetown, Johns Hopkins, George Washington, American, and the University of Kansas.
He previously worked in the Solicitor's Office of the U. S. Department of Labor assigned to OSHA, where he worked on the OSHA Lead and Cotton Dust Standards, and clerked for the Honorable Henry F. McQuade of the Occupational Safety and Health Review Commission.
He served in the United States Naval Reserve from 1972 to 1975.
Mr. de Bernardo's community activities include serving on the Board of Directors of the Oblates of Saint Francis de Sales. He has been a member of the Gonzaga College High School Fathers' Club, and has served on The Hunger Project's Global Investment Committee, and on the executive committee of the Lido Civic and Community Club.
Mr. de Bernardo is a member of the District of Columbia Bar and the U. S. Supreme Court Bar, and has been active in the past in the American Bar Association on its Committee on Occupational Safety and Health and its Committee on Practice & Procedure under the NLRA. He was awarded a B.A., cum laude, from Marquette University with degrees in Journalism and English Literature, and a J.D. from the Georgetown University Law Center.
Honors, Awards and Pro Bono Activity
•President, Council for Employment Law Equity
•Founder and executive director of the Institute for a Drug-Free Workplace
•President of the Foundation for Drug Education and Awareness
•AV rated by Martindale-Hubbell
•Listed among the Best Employment Lawyers in Virginia by Chambers USA
Guide to State & Federal Drug-Testing Laws. 14 ed.
DC: Institute for a Drug-Free Workplace, 2006. [Co-Author] Workplace Drug Testing: An Employer's Development & Implementation Guide. 3rd ed.
DC: Institute for a Drug-Free Workplace, 1999. [Author] Drug and Alcohol Abuse Prevention and the ADA. 2nd ed.
DC: Institute for a Drug-Free Workplace, 1996. [Author]