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Labor and Employment

The Labor and Employment lawyers at Berger Singerman assist clients through the complex maze of labor and employment rules and regulations that govern today’s workplace.  Our team is diverse and experienced, and includes a former Secretary of the Department of Labor for the State of Florida, a former General Counsel and Assistant Deputy Secretary to a State agency, a former head of one of the Attorney General’s specialized units, and two former law clerks to justices of the Florida Supreme Court.  Lawyers have been recognized by their peers through inclusion in Best Lawyers of America, Florida Trend Legal Elite, South Florida Legal Guide, and Super Lawyers, for their expertise in employment law.  We handle all aspects of labor and employment law, from routine workplace compliance issues through complex jury trials.

Making Your Workplace Compliant

Labor and employment lawyers at Berger Singerman often review existing policies and procedures to ensure compliance with applicable laws and regulations.  We regularly review and prepare policies, procedures and documentation concerning:

  • Hiring
  • Job Classifications
  • Wage and Hour
  • Telephone and Computer Monitoring
  • Discrimination and Harassment
  • Maintaining and Protecting Trade Secrets
  • Confidentiality Obligations
  • Conflicts of Interest
  • Privacy Rights
  • FMLA
  • ADA
  • Workers’ Compensation
  • Codes of Conduct
  • Employment Agreements

Avoiding Liability

Berger Singerman lawyers routinely advise clients on how to avoid or minimize liability that may arise from potential claims by employees who are about to be terminated, as well as claims made by former employees.  Our lawyers are intimately familiar with:

  • All federal, state and local laws prohibiting discrimination
  • Implementation of reduction-in-force programs
  • Exceptions to the at-will employment doctrine
  • WARN Act obligations
  • The applicability and interaction between the FMLA, ADA and Workers’ Compensation laws
  • Employee embezzlement
  • Independent contractor issues
  • Sarbanes-Oxley Act
  • Employee Leasing
  • Preparation of severance agreements
  • Unemployment compensation determinations and appeals

Crisis Management

We pride ourselves in handling crisis situations that may arise from workplace issues.  For example, our lawyers have:

  • Obtained injunctions prohibiting employees from stealing trade secrets, unfairly competing or disclosing confidential information
  • Removed problem employees, and even owners, from the workplace
  • Obtained orders restraining potentially violent employees
  • Obtained orders requiring return of electronic information and data owned by the company
  • Defeated whistle-blower claims

Dispute Resolution

Our lawyers excel in resolving disputes in a variety of settings, including mediation, arbitration, proceedings by the EEOC and the Florida Commission on Human Relations and in court.  Firm victories obtained by our lawyers include:

  • Defeating class action certification for alleged improper classification of approximately 5,000 employees as independent contractors
  • Representing a successful whistle-blower in an $82 million claim
  • Prevailing in a number of race, sex and national origin discrimination claims
  • Successfully defending one of the largest Fair Labor Standards Act class action claims in the Southern District of Florida
  • Enforcing restrictive covenants throughout the State of Florida and the country