Mark Bakker is a recognized employment law litigator and trusted legal advisor in employment and other business-related matters. He represents clients in federal and state courts throughout North and South Carolina, arbitration panels, before the Equal Employment Opportunity Commission, the South Carolina Human Affairs Commission and other state and federal agencies. He provides daily proactive advice and counseling to employers on many human resources issues. In addition to advising a wide variety of established corporations, Mark advises HR consulting firms, management teams, entrepreneurs, start-up companies, and staffing companies.
Mark strives to be an efficient and creative conflict resolver, not only for his clients but for other litigants. He has a robust mediation and dispute resolution practice and has been certified to mediate by the South Carolina state and federal courts.
Typical engagements include:
- Discrimination and wage-and-hour lawsuits
- Charges and claims with the Equal Employment Opportunity Commission and other agencies
- Restrictive covenant disputes
- Employee raiding and recruitment
- ERISA and employee benefit claims
- Counseling re: terminations, discipline, the Worker Adjustment and Retraining Notification Act and layoffs
- Employment and executive contracts
- Employee handbooks, policies and dispute resolution systems
- In-house seminars and employment-related CLEs
He clerked for the Honorable Eugene E. Siler, Jr. on the U.S. Court of Appeals for the Sixth Circuit Court in 1995-96 and the Honorable William B. Traxler, Jr. for the U.S. District Court of South Carolina in 1997.
University of North Carolina School of Law, J.D., 1995, with high honors
- North Carolina Law Review, Articles Editor (1994–95) Member (1993–94)
- Order of the Coif
Furman University, B.A., 1991, summa cum laude
- South Carolina
- North Carolina
- United States Court of Appeals for the Fourth Circuit
- United States District Court of South Carolina
- United States District Court, Eastern, Middle, and Western Districts of North Carolina
- Greenville County Workforce Investment Board (2011–2016)
- South Carolina Procurement Review Panel (2003-2012)
- Certified Mediator for SC federal and state courts, 1996-present
- Greenville Little League Coach, 2011-present
- South Carolina Bar Association
- American Bar Association: Employment and Labor Law Section; Alternate Dispute Resolution Section
- Federalist Society
- Defense Research Institute: Employment Law Committee; Life, Health & Disability Committee
- Leadership Greenville, Class 26
- Downtown Presbyterian Church, Elder, 2007-present
- East Park Historic Preservation Area, former president
- "Top 25 Lawyers in SC" by South Carolina Super Lawyers (2015 - 2016)
- Included in the South Carolina Super Lawyers list since 2013 in the area of Employment & Labor, Alternative Dispute Resolution, General Litigation
- Recognized as "Legal Elite" by the Greenville Business Magazine (2012-present)
- Recognized by Chambers USA, Labor & Employment, South Carolina 2011-2020
- Listed in Best Lawyers In America in Employment Law- Management, Litigation- Labor and Employment and Mediation, Since 2007
- Greenville Chamber of Commerce Young Professional (2006 Finalist)
- Greenville Business Magazine's "Best and Brightest" Under 35 (2004)
- Certified Legal Lean Sigma® and Project Management Yellow Belt
Overview
Mark Bakker is a recognized employment law litigator and trusted legal advisor in employment and other business-related matters. He represents clients in federal and state courts throughout North and South Carolina, arbitration panels, before the Equal Employment Opportunity Commission, the South Carolina Human Affairs Commission and other state and federal agencies. He provides daily proactive advice and counseling to employers on many human resources issues. In addition to advising a wide variety of established corporations, Mark advises HR consulting firms, management teams, entrepreneurs, start-up companies, and staffing companies.
Mark strives to be an efficient and creative conflict resolver, not only for his clients but for other litigants. He has a robust mediation and dispute resolution practice and has been certified to mediate by the South Carolina state and federal courts.
Typical engagements include:
- Discrimination and wage-and-hour lawsuits
- Charges and claims with the Equal Employment Opportunity Commission and other agencies
- Restrictive covenant disputes
- Employee raiding and recruitment
- ERISA and employee benefit claims
- Counseling re: terminations, discipline, the Worker Adjustment and Retraining Notification Act and layoffs
- Employment and executive contracts
- Employee handbooks, policies and dispute resolution systems
- In-house seminars and employment-related CLEs
He clerked for the Honorable Eugene E. Siler, Jr. on the U.S. Court of Appeals for the Sixth Circuit Court in 1995-96 and the Honorable William B. Traxler, Jr. for the U.S. District Court of South Carolina in 1997.
- Greenville County Workforce Investment Board (2011–2016)
- South Carolina Procurement Review Panel (2003-2012)
- Certified Mediator for SC federal and state courts, 1996-present
- Greenville Little League Coach, 2011-present
- South Carolina Bar Association
- American Bar Association: Employment and Labor Law Section; Alternate Dispute Resolution Section
- Federalist Society
- Defense Research Institute: Employment Law Committee; Life, Health & Disability Committee
- Leadership Greenville, Class 26
- Downtown Presbyterian Church, Elder, 2007-present
- East Park Historic Preservation Area, former president
- "Top 25 Lawyers in SC" by South Carolina Super Lawyers (2015 - 2016)
- Included in the South Carolina Super Lawyers list since 2013 in the area of Employment & Labor, Alternative Dispute Resolution, General Litigation
- Recognized as "Legal Elite" by the Greenville Business Magazine (2012-present)
- Recognized by Chambers USA, Labor & Employment, South Carolina 2011-2020
- Listed in Best Lawyers In America in Employment Law- Management, Litigation- Labor and Employment and Mediation, Since 2007
- Greenville Chamber of Commerce Young Professional (2006 Finalist)
- Greenville Business Magazine's "Best and Brightest" Under 35 (2004)
- Certified Legal Lean Sigma® and Project Management Yellow Belt
Notable
- Represented major Upstate manufacturer in a lawsuit involving a workplace death based on workers' compensation exclusivity doctrine
- Litigated employment handbook cases which were upheld on appeal before the South Carolina Court of Appeals
- Successfully defended ERISA class action claim, which got dismissed without damages
- Litigated numerous employment-related cases, including breach of contract, restrictive covenant, FMLA lawsuits, WARN Act, and discrimination claims
- Mediated more than 500 cases with a settlement rate greater than 90%
Speaking & Writing
- 2020 Employment Law Certificate Series
December 9, 2020 - Employment Law Breakfast Briefing: Top HR Issues for 2020
January 22, 2020
- Farm Credit Tips
July 24, 2020 - Mark Bakker Discusses Returning to Business Operations and Three Steps for a Healthy Restart
May 19, 2020 - Returning to Healthy Business Operations in the Age of COVID-19 Advance Planning Checklist and Considerations
May 1, 2020 - Think Twice About Claiming Essential Critical Industry Status
March 25, 2020 - New Tax Law May Affect Mileage Reimbursement Policy for Employers
May 16, 2018 - Pay Bias Litigation Results in Costly Settlement
March 28, 2018 - March Madness for Employers - Revisited
March 15, 2018 - Salary (Non)Disclosure Rules Continue to Spread
November 1, 2017 - Missed the Webinar about Settling Employment Related Claims?
September 6, 2017 - Don’t Let a Legal Claim Eclipse This Solar Event
August 16, 2017 - Employers Should Be Aware of Pitfalls When Entering into Severance Agreements
July 25, 2017 - Has The Dismantling of the Labor Regulatory Regime Commenced?
June 14, 2017 - Carolina Company Sued by EEOC for Alleged Religious Discrimination
April 19, 2017 - March Madness for Employers
March 15, 2017
Representative Presentations
- "Marijuana in the Workplace," Nexsen Pruet's Employment Law Briefing - Greenville, October 31, 2019
- "Legal Opportunities and Challenges in Hiring in the Current Economy," Nexsen Pruet's Employment Law Certificate Series Webinar - April 10, 2019
- "Hot Topics in Employment Law", presentation to Greenville Society for Human Resource Management, August 18, 2016
- "Coexisting: Religion in the Workplace", presentation to Greenville Society for Human Resource Management, July 12, 2016
- "Back to the Future: Emerging Employment Law Trends", Seminar, October 27, 2015
- "Compensation Law Mythbusters (And Other Trends in Wage and Hour Law)", Seminar, October 28, 2014
- "Beyond the Water Cooler: The Impact of 'Socializing' and Managing Social Media in the Workplace", Greenville SHRM HR Management Conference, August 26, 2014
- Consistently provides written content for online and hard copy resources on South Carolina employment law
Outside Nexsen Pruet
Mark is a native of Canada and grew up in Florida. He is married to Tara Bakker, and they stay busy parenting their three sons. Among involvement in many community activities, Mark helped to start both the Upstate Mediation Center and Downtown Presbyterian Church, both of which are thriving and successfully contributing to the betterment of the Greenville community.
Mark has lots of titles and roles in his pursuits outside of work, but his favorite might be "coach" at Greenville Little League.
