Mark S. Kittaka is a partner and the administrator of the Labor and Employment Law Department of Barnes & Thornburg LLP's Fort Wayne, Indiana office. Mr. Kittaka's practice covers all areas of labor and employment law including federal and state litigation concerning discriminatory practices and retaliation claims, including, but not limited to: Title VII race, sex, color, and religious discrimination claims; the Americans with Disabilities Act (ADA) (disability discrimination, reasonable accommodation, interactive process); Age Discrimination in Employment Act (ADEA); the Family and Medical Leave Act (FMLA); the Fair Labor Standards Act (FLSA); and the Employee Retirement Income Security Act (ERISA).
In addition, Mr. Kittaka handles wrongful discharge claims under state laws (including worker's compensation retaliation claims); covenants not to compete and trade secret disputes, collective bargaining negotiations; collective bargaining agreement administration; representation in grievance and arbitration proceedings; and represents clients before a variety of administrative agencies including the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), the Department of Labor (DOL), Indiana Civil Rights Commission (ICRC), Metropolitan Human Relations Commission (MHRC), Occupational Safety and Health Administration (OSHA), and the Department of Workforce Development (DWD).
In addition to litigation in judicial and administrative forums, Mr. Kittaka also conducts supervisory training for employers in the following areas: anti-harassment training, documentation and discharge, FMLA administration, union-free training and handling the marginal performer. Mr. Kittaka is also a regular speaker at both in-house and public seminars. Mr. Kittaka also provides proactive advice with respect to employment agreements (including noncompete agreements, non-disclosure and confidentiality agreements, etc.), policies, procedures and handbooks. He also regularly consults with employers on issues relating to leave of absence issues (i.e., FMLA, ADA, short term disability or worker's compensation overlap), OSHA compliance, Worker Adjustment and Retraining Notification Act (WARN) and Reduction in Force (RIF) planning.
Mr. Kittaka has significant experience representing clients in OSHA matters involving serious injuries and/or deaths in both state plan and federal OSHA states across the United States. This includes regulatory compliance, representation in on-site inspections, informal conferences, formal administrative appeals, and defense of whistleblower claims. He has also represented clients in consumer product safety recalls with the Consumer Product Safety Commission (CPSC) as well as recalls with automobile equipment dealing with the National Highway Safety Administration (NHTSA).
Mr. Kittaka is a member of the American Bar Association Labor and Employment Section, the Indiana State Bar Association, the Allen County Bar Association, and the National Asian Pacific American Bar Association (NAPABA). He graduated in 1989 from Indiana University with a B.A. in English Literature and Japanese. He received his J.D. from Washington University School of Law in 1992. Mr. Kittaka is admitted to practice in the states of Indiana and Ohio, the U.S. District Courts for the Northern and Southern Districts of Indiana, the U.S. District Court for the Northern District of Ohio, as well as the 7th and 11th Circuits.
Publications
· Barnes & Thornburg LLP's Construction Law Update - March 2012
· Client Advisory - National Labor Relations Board: Proposed Changes to Union Election Procedures Discussed During Hearing
· Industry Week - "OSHA Poised to Flex Regulatory Muscle"
Events
2/24/2012, Right-To-Work: What Does Right-To-Work Mean for Your Company?
12/15/2011, BARNEStorming Session - December 2011
8/29/2011, Indiana State SHRM Conference - Everything Legal Workshop
8/3/2011, BARNEStorming Session - August 2011
6/23/2011 and 6/27/2011, Recent Immigration Reform Developments: What Indiana Employers Need to Know!
6/1/2011, Safety Council of Greater Columbus monthly meeting - June 2011
5/17/2011, Greater Fort Wayne Business Leadership Network Monthly Seminar - May 2011
3/30/2011, BARNEStorming Session - March 2011
12/8/2010, BARNEStorming Session - December 2010
11/17/2010, Complying With OSHA Recordkeeping Requirements
11/17/2010, "Complying With OSHA Recordkeeping Requirements"
07/27/2010, BARNEStorming Session - July 2010
06/21/2010, The HIRE Act: Hiring & Retention Incentives
04/29/2010, "The Obama Administration and the 111th Congress: Change is Coming to Labor and Employment Law"
09/23/2009, Unemployment Insurance Compensation Workshop
01/20/2009, The FMLA Final Regulation Revisions
12/16/2008, Attorney Presentation - Are you ready for the ADA Amendments Act and the new FMLA regulations?
03/27/2008, BARNEStorming Session - March, 2008
03/12/2008, March CIASSE Luncheon Meeting
12/19/2007, OSHA Seminar
12/17/2007, OSHA Seminar
12/11/2007, Fourth Quarter BARNEStorming Session - 2007
09/27/2006, Third Quarter BARNEStorming Session - 2006
The Intersection of HR and Information Technology
03/22/2006, First Quarter BARNEStorming Session - 2006
12/13/2005, Fourth Quarter BARNEStorming Session - 2005
09/28/2005, Third Quarter BARNEStorming Seminar - 2005
06/28/2005, Second Quarter BARNEStorming Session - 2005
03/29/2005, First Quarter BARNEStorming Session - 2005
12/15/2004, DeKalb County Personnel Luncheon
12/14/2004, Safety Directors Forum
12/14/2004, Fourth Quarter BARNEStorming Session - 2004
06/10/2004, Final U.S. Department of Labor regulations on FLSA overtime exemptions
05/25/2004, Second Quarter BARNEStorming Session - 2004
04/07/2004, How New Regulations Will Affect Your Employee Management Process
03/04/2004, The Twenty-Fifth Annual Seminar on Labor-Management Relations
12/10/2003, Fourth Quarter BARNEStorming Session - 2003
09/10/2003, Third Quarter BARNEStorming Session - 2003
03/14/2003, Wage and Hour Law Update in Indiana
01/31/2003, Human Resource Audits in Indiana
12/09/2002, Things Every Consumer Product Manufacturer, Distributor, or Retailer Needs to Know About the CPSC
11/22/2002, OSHA's New Recordkeeping Rule and Health and Safety Compliance in Indiana
11/01/2002, Family and Medical Leave Act in Indiana
10/04/2002, Employee Discharge and Documentation in Indiana
09/27/2002, Employee Discharge and Documentation in Indiana
04/12/2002, Writing the Employee Handbook in Indiana
03/13/2002, Wage and Hour Law Update in Indiana
10/30/2001, OSHA Recordkeeping: How to Comply with OSHA's New Final Rule
10/25/2001, OSHA Recordkeeping: How to Comply with OSHA's New Final Rule
10/18/2001, Hiring and Office Practice Issues in Indiana
10/09/2001, OSHA Recordkeeping: How to Comply with OSHA's New Final Rule
09/20/2001, OSHA Recordkeeping: How to Comply with OSHA's New Final Rule
04/27/2001, Writing the Employee Handbook in Indiana
04/19/2001, Writing the Employee Handbook in Indiana
03/30/2001, Wage and Hour Law Update in Indiana
Americans with Disabilities Act (ADA) Seminar Featuring Jeanine Gozdecki and Mark Kittaka
Avoiding OSHA Citations and Liabilities in Indiana
BARNEStorming Session - July, 2008
The Obama Administration and the 111th Congress: Change is Coming to Labor & Employment Law