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Wrong Mark Askanas?

Mr. Mark S. Askanas

Employment Law Litigator, Partner and Litigation Manager

Jackson Lewis LLP

Direct Phone: (415) ***-****       

Email: a***@***.com

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Jackson Lewis LLP

44 South Broadway

White Plains, New York 10601

United States

Company Description

Founded in 1958, Jackson Lewis, dedicated to representing management exclusively in workplace law, is one of the fastest growing workplace law firms in the U.S., with over670 attorneys practicing in 48 cities nationwide. We have a wide-range of specialize ... more

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Background Information


B.A. , with high honors

University of California , Berkeley

B.A. degree

University of California at Berkeley


University of California

Juris Doctorate

University of California

Web References (55 Total References)

employment law | HREOnline's The Leader Board [cached]

So, I asked Mark Askanas, an employment law litigator, partner and litigation manager in the San Francisco office of Jackson Lewis.

"It's an interesting issue" with many questions that employers interested in implementing such a measure must first answer, he says. For instance:
Does the company provide the cars to employees, or does it provide a car allowance such that the car is company property, and the employee should have no expectation of privacy?
"This is easy," says Askanas, "if it's a company-provided car versus a car the employee owns but receives an allowance for."
"This is a troublesome case, because the person who was supposed to be the gatekeeper for ensuring the agreements to arbitrate were signed was able to avoid having to arbitrate her claims by a sleight of hand," says Mark Askanas, partner and litigation manager in the San Francisco office of Jackson Lewis.
Employers' and HR professionals' takeaway from the case is clear, he says.
If your agreement to arbitrate specifically requires that employees sign the agreement, it must be signed to be enforceable. The employer's belief-however reasonable-that an employee signed the agreement will not supplant this requirement."
Employers can take one of two approaches to enforcing signature requirements, according to Askanas.
First, the agreement can state that disputes are subject to arbitration, regardless of whether the employee signed the agreement. Second, employers can implement a system that tracks the actual signatures to the agreement, and does not rely entirely on someone's representation, express or implied, that he or she signed the agreement."

Jackson Lewis LLP | People [cached]

Mark S. Askanas Partner

Jackson Lewis LLP | People [cached]

Mark S. Askanas Partner

Jackson Lewis LLP | People [cached]

Mark S. Askanas Partner

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Mark S. Askanas

Mark S. Askanas Partner Jackson Lewis LLP 199 Fremont Street, 10th Floor San Francisco, California 94105 (San Francisco Co.)
Telephone: 415-394-9400 Facsimile: 415-394-9401
Mark S. Askanas,Joseph J. Lynett,Elayna J. Youchah, April 4, 2011
Mark S. Askanas, March 1, 2011 A California employer did not owe overtime to an employee because it had entered into an explicit mutual wage agreement that provided for base compensation and overtime in one lump sum, the California Court of Appeal has ruled. Arechiga v. Dolores Press, Inc., No. B218171 (Cal. Ct. App. Feb. 7,... Employee's E-mail to Attorney Not Privileged Where Sent by Employer's Computer, California Court Rules Mark S. Askanas, January 24, 2011 If an employee, using her employer's computer and e-mail account, sends an e-mail to her attorney about possible claims against her employer, is that e-mail protected by the attorney-client privilege so that it may not be used as evidence against her? The California Court of Appeal has... View more

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