Mark A. de Bernardo

Mark A. de Bernardo
Executive Director

Mark A. de Bernardo is a Senior Partner in the Washington, D.C. Region office of Jackson Lewis, a preeminent labor and employment law firm with more than 800 employment lawyers in 54 offices. He is a nationally recognized expert on workplace drug-testing and substance-abuse-prevention issues, and concentrates his practice in these areas. He also represents employers on employment litigation and counseling, senior executive personnel actions, labor-management relations, legislative and regulatory issues, alternative dispute resolution, and management of employment-related class actions.

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 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. He has provided legal representation to more than 50 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.

He was the founder (in 1989), and is 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 is the founder (in 1995), and 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 substance-abuse-prevention and drug-testing issues are the National Basketball Association, the U.S. House of Representatives, and more than 30 Fortune 200 corporations.

On the substance-abuse-prevention issue, Jackson Lewis drafts, reviews, and revises policies and attendant employer documents (including DOT-compliant policies); provides manager and supervisor training; designs and conducts employee education and awareness programs; represents employers in arbitration; litigates in defense of challenges to corporate policies and actions; negotiates collective bargaining agreement provisions; performs compliance audits; and advises employers on state and federal statutory and regulatory requirements.

He is the author or co-author of 19 books on employment and labor law topics, primarily on drug testing and substance-abuse prevention in the workplace, including the two-volume, 1220-page Guide to State and Federal Drug-Testing Laws, now in its 16th Edition.

He 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.

Mark is AV-rated by Martindale-Hubbell, and is listed among the best labor lawyers in Virginia by Chambers USA.

Mr. de Bernardo is active in a number of professional and community organizations. He 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 is the founder (in 1998), and serves as Executive Director and President of the Council for Employment Law Equity. 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 served in the United States Navy Reserve from 1972 to 1975.

Mark’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 American Bar Association.

Mr. de Bernardo was awarded a B.A. cum laude from Marquette University with degrees in English Literature and Journalism, and a J.D. from the Georgetown University Law Center.

He and his wife Jennifer have three sons – Joseph, Matthew, and Jonathan – and reside in Vienna, Virginia.