dberglaw.com | LABOR & EMPLOYMENT | dberglaw.com



It’s almost impossible to represent a company in a general counsel capacity and not get involved in employer-employee relations. It’s like having a car and not having a mechanic.
 — David C. Berg


In any business, the constant interaction between employer and employee is fraught with legal ramifications. As outside general counsel to a wide variety of closely-held companies, our team deals with these ramifications on a daily basis.


From drafting employment agreements to counseling on human resources issues, to keeping our clients abreast of the ever-changing labor laws — city, state, and federal — we are involved in all aspects of employee relations. Our deep familiarity with our clients’ business models and practices makes us unusually adept at fine-tuning contracts, policies, and procedures to their specific needs.


That same familiarity also makes us uniquely effective in defending clients from the panoply of discrimination and wrongful discharge claims that arise in today’s business environment.


We regularly represent clients in federal and state courts, before administrative judges, in regulatory hearings, and in all types of alternative dispute resolution settings. In every case, we determine the setting that best serves our clients from a business standpoint, and we litigate aggressively to achieve a successful — and cost-efficient — resolution.


We have extensive experience in all of the following areas:


Human Resources Counseling

  • Drafting and reviewing employee handbooks and personnel policies and procedures
  • Consulting with employers regarding matters of discipline and discharge
  • Preparing employment, confidentiality, non-competition, and separation agreements
  • Advising before, during, and after reorganizations, sales, mergers and acquisitions

Employment Discrimination

  • Handling all types of employment discrimination and hostile work environment claims, including those relating to race, religion, gender, sexual harassment, national origin, disability/handicap, marital status, and sexual orientation
  • Participating in internal and regulatory investigations
  • Representing employers in litigation
  • Defending employers before governmental agencies (EEOC as well as other federal and state agencies)

Wrongful Discharge

  • Litigating wrongful discharge cases, including matters concerning issues of express and implied contract, promissory estoppel, and employment torts
  • Advising employers on avoiding wrongful discharge claims — reviewing employee handbooks, counseling management, preparing appropriate disclaimers, using employment agreements, etc.

Wage-Hour Matters

  • Representing employers in all aspects of the minimum wage and overtime pay obligations imposed under the federal Fair Labor Standards Act (FLSA) and other federal and state laws
  • Advising employers in FLSA compliance issues, including determining whether a particular position is exempt or nonexempt
  • Defending employers in state and federal Department of Labor audits
  • Litigating government and private wage suits on behalf of employers
  • Defending employers in ESOP-related claims and investigations brought by the United States Department of Labor