Article, Law360, August 2024
Mark S. Spring
Partner & Chair of CDF's Traditional Labor Law Practice Group
About Mark
Mark S. Spring has over thirty-three years of experience handling labor and employment law matters throughout California. Spring’s practice is focused on representing management in union-management relations and handling litigation triggered by all types of employment-related disputes.
Spring has a successful record of dealings with union locals from the Teamsters, UFCW, IBEW, Laborers, Machinists, SEIU, Steelworkers, AFSCME, and Stationary Engineers. He negotiates union contracts, handles ULP charges, resolves grievances, represents clients at grievance arbitrations, and manages secondary picketing issues and other strike-related litigation and matters. In addition, Spring assists non-union employers with union avoidance efforts. He also counsels employers during union campaigns.
Spring’s reputation for litigation excellence is further built upon an impressive record as lead trial counsel in both federal and state courts in high-stakes employment litigation. In addition to his successful courtroom and trial work, Spring regularly represents California employers in discrimination, harassment, wage and hour, and employee safety issues in administrative matters/hearings before the NLRB, CRD, EEOC, DLSE/Labor Commissioner, Cal-OSHA, CUIAB, and other state and federal agencies.
Spring also maintains a significant litigation prevention practice, advising national and regional clients on adopting employment policies and managing challenging personnel problems in compliance with California law. He has also represented public figures, elected officials, executives, and athletes in high-profile sexual harassment lawsuits and investigations.
Spring is a long-term member of the American Employment Law Council (AELC), a national invitation-only group of senior management-side employment attorneys. He is the Northern California representative and Board Member (Treasurer) for the Wage & Hour Defense Institute (WHDI), a group comprising rigidly selected top wage and hour litigators nationwide. Spring was named the Best Lawyers® Sacramento 2021 “Lawyer of the Year” for the category of Employment Law – Management by his peers.
Spring is a Sacramento County Bar Association member and has served for over fifteen years on the Sacramento County Bar Association’s Minority and Diversity Hiring and Retention Committee. From 2022 to 2023, Spring served as the Chairperson of that organization.
Spring loves to teach. He spent ten years as an adjunct lecturer at California State University, Sacramento, teaching an undergraduate course in recreation law in the Parks, Recreation, and Tourism Administration Department. He served four years as the Managing Editor of our award-winning California Labor and Employment Law blog. Spring is also a frequent speaker to employment-related groups and associations on various labor and employment law issues.
Spring enjoys playing golf, traveling (especially to the Balkans), white water rafting, and coaching in his off-the-clock hours. He spent over two decades as a high school boys’ basketball coach (Folsom and El Dorado HS) and several years as a high school girls’ lacrosse coach (Oak Ridge HS). He spent parts of two summers in Montenegro, coaching basketball at the Balkan Basketball Diplomacy Project co-sponsored by the Georgetown University Basketball program and the United States Department of State and has also conducted several lacrosse clinics in Israel for the Israel Lacrosse Foundation based in Ashkelon, Israel.
Areas of Practice
- Traditional Labor Law Unions and the NLRB
- Workplace Solutions, Advice and Training
- EEO Litigation
- Wrongful Termination and Workplace Tort Litigation
- Wage and Hour Issues
- Unfair Competition and Trade Secrets
Education
George Washington University Law School, J.D., with honors, 1991
- Journal of International Law and Economics, 1990-1991
- The Advocate Student Newspaper, Asst. Editor, 1989-1991
- U.S. Dept. of Justice, Office of Special Investigations, Law Clerk
Georgetown University, B.S. Finance, cum laude, 1988
- Dean’s Citation for Outstanding Contributions to the University, 1988
- Varsity Men’s Lacrosse Team, 1984-1985
Brasenose College, Oxford University, Summer 1987
- Comparative Business Program
Publications
Quoted, SHRM, June 2023
Personal Emails Aren't Private on Corporate Devices
Live News Report, KNX News Los Angeles, March 2023
Now what on the LAUSD service workers' strike? Will both sides be ready to negotiate ... or more embittered?
Quoted, SHRM, March 2023
NLRB Says Workplace Discussions of Racism Are Protected Activity
Quoted, Law360 Employment Authority, March 2023
Cases That Could Shift NLRB Precedent In 2023
Quoted, Law360 Employment Authority, January 2023
Low Union Density in Banking Poses Hurdles for Union Organizing
Quoted, The Washington Post, April 2022
Ask Help Desk: What happens if you refuse to go back to the office?
Interview on CBS 13 Sacramento, February 2022
Getting Answers: Where Will Masks Still Be Required Once Mandate Lifts Tuesday?
Quoted, HR Dive, August 2021
California Employers, Facing Tight Safety Rules, Need To Get Comfortable With Change
Interview on Sacramento Fox 40 News, April 2021
Mandating Vaccines in the Workplace
Commentary, The Journal of Accountancy, April 2021
Can accounting firms mandate vaccines?
Daily Journal, March 2021
The PRO Act and the Future of American Labor Law
Bloomberg Law, November 2020
The Challenges of Reimbursing Employees for Remote Work in California
Today's General Counsel, Spring 2020 Edition
2020 Brings New Workplace Requirements
TLNT.com, December 2019
Are You Prepared for California's Sweeping Labor Law Changes?
Contributor, HR Dive: Human Resources and Workforce Management News, September 2019
Lyft Sexual Assault Suit Alleges Inadequate Background Checks, Investigations
Contributor, Bloomberg's Law's Punching In Podcast, February 2019
California's Battle over Worker Classification - Punching In: Acosta Hunkers Down, EEOC Eyes 'Other' Harassment
Talent Management and HR, January 2018
Doing Business In California? Be Sure You Comply With These New Employment Rules
Presentations
Co-Presenter, CDF Webinar Series, November 2024
New California Employment Laws and Developments for 2025
Co-Presenter, CDF Webinar Sereies, July 2024
What Has Been Happening at the NLRB and with Unions in 2024?
Co-Presenter, CDF Webinar Series, November 2023
New California Employment Laws and Developments for 2024
Co-Presenter, CDF Webinar Series, August 2023
Navigating the Legal Landscape: Analyzing the Harvard/UNC Decision and Its Impact on DEI in the Workplace
Co-Presenter, CDF Webinar Series, February 2023
California's New Pay Transparency/Equal Pay Law in Thirty Minutes
Co-Presenter, Wage & Hour Litigation and Compliance Conference, Practice Law Institute (PLI), January 2023
Arbitration: The Not So New Frontier
Co-Presenter, CDF Webinar Series, November 2022
New California Employment Laws and Developments for 2023
Presenter, California Chamber of Commerce's 2022 HR Symposium, November 2022
Managing Employee Performance and Misconduct Discipline, Discharge, and Documentation
Co-Presenter, CDF Webinar Series, August 2022
Tackling Key California Labor and Employment Law Issues in Acquisitions & Mergers
Co-Presenter, CDF Webinar Series, February 2022
What's Happening At The NLRB - The Biden Agency That Unionized & Non-Unionized Employers Need To Be Most Focused On In 2022
Co-Presenter, CDF Webinar Series, November 2021
New California Employment Laws and Developments for 2022
Panelist, CDF Healthcare Education Webinar Series, October 2021
What Healthcare Employers Can Expect from the NLRB Under the Biden Administration
Moderator, CDF Webinar Series, June 2021
Everything You Really Need to Know, Right Now, About the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards
Co-Presenter, CDF Webinar Series, January 2021
How the New Biden/Harris Administration is Likely to Affect California Employers
Co-Presenter, CDF COVID Education Week, December 2020
COVID-19 Related Wage and Hour Issues
Co-Presenter, CDF Webinar Series, July 2020
The Tidal Wave of Litigation California Employers Should Expect From the COVID-19 Crisis
Presenter, CDF Webinar Series, June 2020
Key Issues for Union & Non-Union Employers Related to Novel Coronavirus & The Return to Work
Moderator, CDF Webinar Series, June 2020
Return to the Workplace - A Comprehensive Review of What California Employers Need to Know
American Society for Health Care HR Administration (ASHHRA), February 2020
California Employment Law Review & Tips to Prepare for 2020 for Healthcare HR Professionals
Written Opinions
Medic Ambulance Service, 370 NLRB No. 65 (2021)
Kulshestha v. First Union Commercial Corp., 33 Cal. 4th 601 (2004)
English v. IKON Office Solutions, Inc., 94 Cal. App. 4th 708C (2001)
Ho v. IKON Office Solutions, Inc., 143 F.Supp. 2d 1163 (N.D. Cal. 2001)
Rains v. Criterion Systems, Inc., 80 F.3d 339 (9th Cir. 1996)
Recognitions
Listed, Top Authors - Readers' Choice Awards, JD Supra, 2022
Listed, Top Lawyers, Sacramento Magazine, 2018 - 2023
Listed, Best Lawyers®, "Lawyer of the Year," Employment Law - Management, Sacramento, CA, 2021
Listed, Best Lawyers®, Employment Law - Management, and Labor and Employment Law, Sacramento, CA, 2018 - 2024
Listed, Northern California Super Lawyers, 2008 - 2009 and 2013 - 2023
Listed, Super Lawyers, Top 25 Lawyers in Sacramento, 2020
Listed, Best of the Bar, Sacramento Business Journal, 2015 & 2019
Martindale-Hubbell AV® Preeminent™ Rated
Wage and Hour Defense Institute (WHDI), Northern California Representative, 2015 - present
CDF Labor Law LLP
- Editor-in-Chief, CDF's California Labor & Employment Law Blog, January 2021 - 2024
- Committee Member, Diversity, Equity & Inclusion Committee, 2021 - 2023
American Employment Law Council (AELC), Member, 2007 - present
Sacramento County Bar Association Diversity Hiring and Retention Committee, Member, 2003 - 2023
- Co-Chair of Committee, 2022-2023
California State University, Sacramento - Adjunct Lecturer - Introduction to Recreation Law, 2014 - present
Sacramento No Glass Ceiling Task Force, Board of Directors, 2005 - 2007
University of Phoenix, Sacramento Campus, Employment Law/Business Law Adjunct Lecturer, 1998 - 2001
Sacramento Area Human Resources Association, Legal and Legislative Director/Board of Directors, 1998 - 2000
Civic Activities
Mark Spring featured in the December 15, 2017, Los Angeles and San Francisco Daily Journal, In Recess Column Article "Coaching Advocate" - recognizing his coaching efforts since law school.
Volunteer Basketball Coach – Georgetown University/U.S. State Department Balkan Basketball Diplomacy Project – Bar, Montenegro, August 2011 and August 2012
Assistant Boys Basketball Coach - Folsom High School, 2000 - 2002; 2006 - 2009; 2012 - 2013; 2015 - 2019
JV and Varsity Girls Lacrosse Coach, Oak Ridge High School, 2011 - 2014
Rolling Hills Middle School, Head girls basketball coach, 2010 - 2011
El Dorado Hills Youth Lacrosse Club, Youth girls coach, 2007 - 2010
Temple Or Rishon, Board of Directors, 1996 - 1998
Folsom Chamber of Commerce, Leadership Folsom Program Graduate
Pro Bono
Provides pro bono services to a variety of non-profit organizations in Sacramento, including Shalom Jewish School, UC Davis Hillel, Sacramento Jewish Federation, and Temple Or Rishon Congregation. Counsel includes representing these organizations in employee disputes, negotiations with their executives, and providing general guidelines on employment policies and situations.
Spring is also on an attorney panel for the ABA Military Pro Bono Project. The program provides pro bono representation for members of our armed services.
Chair, CDF Pro Bono Committee, 2015 - 2017