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OVERVIEW

Mark Wallin
Of Counsel

Chicago

One N. Wacker Drive
Suite 4400
Chicago, IL 60606-2833

Minneapolis

225 S. Sixth Street
Suite 2800
Minneapolis, MN 55402-4662

Los Angeles

2029 Century Park East
Suite 300
Los Angeles, CA 90067

P 312-214-4591

F 312-759-5646

OVERVIEW

Mark Wallin
Of Counsel

Chicago

One N. Wacker Drive
Suite 4400
Chicago, IL 60606-2833

Minneapolis

225 S. Sixth Street
Suite 2800
Minneapolis, MN 55402-4662

Los Angeles

2029 Century Park East
Suite 300
Los Angeles, CA 90067

P 312-214-4591

F 312-759-5646

A relentless competitor, Mark Wallin believes it is his role to understand his clients’ business needs so he can help them determine what a “win” means to them. His ability to understand complex litigation as well as his clients’ practical concerns allows him to look ahead to provide strategic advice for resolving sophisticated issues – whether through adjudication or negotiated resolution.

A relentless competitor, Mark Wallin believes it is his role to understand his clients’ business needs so he can help them determine what a “win” means to them. His ability to understand complex litigation as well as his clients’ practical concerns allows him to look ahead to provide strategic advice for resolving sophisticated issues – whether through adjudication or negotiated resolution.

OVERVIEW

A relentless competitor, Mark Wallin believes it is his role to understand his clients’ business needs so he can help them determine what a “win” means to them. His ability to understand complex litigation as well as his clients’ practical concerns allows him to look ahead to provide strategic advice for resolving sophisticated issues – whether through adjudication or negotiated resolution.

Mark focuses his practice on defending employers in complex workplace class and collective actions in state and federal court, involving a wide range of disputes, alleging wage and hour violations, including, among other things, claims of misclassification, off-the-clock work, donning/doffing, overtime violations, tip credit violations, violations of the so-called “80/20 rule,” inaccurate wage statements, record keeping violations, and meal and rest break violations. In addition to his wage and hour practice, Mark has also defended employers in class action, multi-plaintiff and single-plaintiff discrimination litigation initiated not only by the Equal Employment Opportunity Commission (EEOC), but also by private plaintiffs.

Through tenacious advocacy, Mark has defeated FLSA conditional collective certification and Rule 23 class certification on behalf of employers, because he understands what strategic and tactical steps are necessary to mitigate or avoid such representative treatment and the often-substantial liability that can flow from it. Indeed, Mark has successfully represented companies of virtually all sizes, from Fortune 500 to family owned small businesses, litigating matters from the pleading stage through appeal, including dispositive motions, Daubert motions, discovery and discovery disputes, as well as motions in limine and other pre and post-trial motions. He has also represented employers in mediations, arbitrations, and before administrative bodies.

Mark strives to provide the highest-level of service to his clients, guiding them through every step of the process and building long-term relationships.

A prolific blogger, Mark prides himself on vigilantly staying abreast of the latest cases, laws and trends that may impact his clients coming out of the courts, Congress and the state legislature, as well as the U.S. Department of Labor, the EEOC, and state regulatory agencies. He endeavors to keep a watchful eye on how labor and employment related laws are evolving so as to proactively advise clients.

Mark has also undertaken several pro bono cases, including trying criminal jury trials in state and federal court and representing indigent plaintiffs in civil rights matters as part of the federal Trial Bar.

Mark began honing his litigation skills during law school as an intern at the U.S. Attorney’s Office for the Northern District of Illinois, where he handled civil and criminal issues. He also served as an intern for a U.S. Court of Appeals for the Seventh Circuit judge, which gave him a unique vantage of seeing the issues from the court’s perspective.

Professional and Community Involvement

Member, Chicago Bar Association

Member, Federal Bar Association

Member, Young Professionals Board of LAF (formerly Legal Assistance Foundation of Metropolitan Chicago)

Honors

Award for Excellence in Pro Bono Service, U.S. District Court for the Northern District of Illinois and the Federal Bar Association, 2015

The Best Lawyers in America, Ones to Watch, 2021

EXPERIENCE
  • Ongoing representation of a nationwide insulation installation service provider in three California Private Attorneys General Act matters alleging meal and rest break violations, overtime violations, pay statement violations, and other violations of the California Labor Code
  • Ongoing representation of airline and retail catering company in defense of Illinois Biometric Information Privacy Act (BIPA) Act class action
  • Ongoing representation of printing ink manufacturer in defense of Illinois Biometric Information Privacy Act (BIPA) Act class action
  • Ongoing representation of third-party logistics provider in nationwide PACA class action
  • Ongoing representation of manufacturer in defense of hybrid class and collective action alleging unpaid “off the clock” work in connection with “donning and doffing”
  • Ongoing representation of manufacturer in defense of WARN Act class action
  • Ongoing representation of call center employer in defense of collective action alleging unpaid “off the clock” work in connection with login/logoff activities
  • Represented call center employer of home-based sales representatives in defense of previously-decertified nationwide collective action alleging unpaid “off the clock” work in connection with login/logoff activities
  • Represented a nation-wide restaurant chain in a class and collective action alleging multiple violations of the FLSA, including failure to provide tip credit notice, violation of the “20% rule,” unlawful off-the-clock work, and unlawful wage deductions, as well as violations of wage and hour laws of ten different states*
  • Represented a landscaping company in a putative class and collective action alleging minimum wage violation pursuant to the FLSA and Illinois wage and hour laws*
  • Represented a nation-wide logistics company in a collective action alleging a failure to pay overtime wages for off-the-clock work*
  • Represented an environmental services company in a putative class action alleging violations of Illinois law*
  • Represented a nation-wide pizza delivery restaurant in a collective action brought by drivers alleging minimum wage violations based upon mileage reimbursement*
  • Represented a third party logistics company in defense of class/collective action alleging employee misclassification under federal and state wage and hour laws, and individual allegations of discrimination and retaliation on the basis of gender and disability*
  • Represented a national insurance company in in defense of multi-plaintiff EEOC initiated representative litigation alleging complex claims of race, gender, and national origin discrimination and harassment, as well as retaliation*
  • Represented a steel manufacturer against allegations involving disability discrimination and failure to accommodate*
  • Represented a rail road company in the defense of a complex EEOC initiatedrepresentative litigation alleging disability discrimination and failure to accommodate*
  • Represented a third party logistics companies in class/collective action alleging employee misclassification under federal and state wage and hour laws, conditional certification denied July 6, 2018*
  • Represented a restaurant chain with locations in 15 states in a multi-state class/collective action alleging tip credit and other wage and hour violations*
  • Represented a staffing company in an EEOC initiated representative litigation alleging race, national origin, and disability discrimination*
  • Represented a nation-wide restaurant chain in a putative class and collective action alleging failure to provide tip credit notice and improper tip pooling in violation of FLSA, Pennsylvania, and New Hampshire law*
  • Represented a staffing company in the defense of a putative nationwide collective action involving alleged exempt misclassification*

These matters occurred prior to joining Barnes & Thornburg.

EXPERIENCE
PRESENTATIONS
  • Speaker, “When The Government Says ‘#MeToo’: The Rise Of EEOC Enforcement Litigation For Workplace Harassment,” Clear Law Institute Webinars, Clear Law Institute, LLC, April 23, 2019

INSIGHTS AND EVENTS
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