Lisa Berg is a Shareholder in the Labor & Employment Law Department. Lisa provides advice and counseling to employers of all sizes to minimize risk of labor & employment litigation.
Lisa exclusively represents management in labor & employment matters, and has experience in a diverse group of industries, including healthcare, pharmaceutical, information technology, education, airline, manufacturing, automobile, legal, housing, construction, arts, professional sports, propane, banking, real estate, financial, hospitality, and retail.
An important focus of Lisa's practice is litigation avoidance and identifying problems before they occur. To this end, she has assisted many clients in designing and implementing personnel policies and procedures; drafting employment, consulting, and non-competition agreements; conducting internal audits to identify potential legal problems; investigating sexual harassment and other unlawful discrimination charges; training supervisors regarding compliance with all applicable labor and employment laws; and managing employee terminations. On a daily basis, Lisa provides advice to clients concerning all aspects of the employment relationship, such as: reductions-in-force; employee discipline, evaluation and discharge; wage and hour practices; accommodation of disabilities; family and medical leave; drug abuse and testing; and workplace privacy and data security. In addition, Lisa appears before the EEOC and state and local EEO agencies to handle charges or complaints of discrimination, and works with in-house legal counsel and human resource professionals to prepare position statements and produce other data designed to prevent potential lawsuits.
Lisa also has considerable expertise in all areas of traditional labor law, including management of company responses to union organizational campaigns (both corporate campaigns and election petitions), representation of employers during representation case hearings before the National Labor Relations Board, training supervisors to avoid unfair labor practice charges, litigation of unfair labor practice charges, prevention and management of picketing and strikes, negotiation of collective bargaining agreements, development of policies and procedures to maintain a union-free workplace, arbitrating grievances, managing union decertifications, and establishing positive working relationships with unions already representing clients’ employees. In addition, Lisa counsels clients on union avoidance and has conducted hundreds of seminars for clients and professional organizations on how to remain union-free.
Prior to joining the Firm, Lisa gained legislative experience working in Washington, D.C. for Congressman Matthew McHugh, as well as with the American Israel Public Affairs Committee ("AIPAC"). Lisa also clerked for the United States Department of Justice, Office of Special Investigations, the division assigned to prosecute Nazi war criminals. She was selected by the U.S. Government to work in former East Germany (Alexanderplatz), shortly after the fall of communism, to research Nazi and concentration camp files in the East German National Archives.
- Successfully defeated numerous union organizing campaigns.
- Handles grievances, arbitrations, and mediations.
- Develops employee handbooks and supervisor manuals for employers of all sizes and industries.
- Assists clients in drafting enforceable employment, consulting, nondisclosure, and noncompetition agreements.
- Conducts internal audits to identify potential legal problems under a broad category of labor and employment laws.
- Conducts internal investigations, including claims of discrimination and harassment.
- Assists clients with developing cybersecurity policies, processes, and training to reduce the risk of a workplace data security breaches and respond appropriately when one occurs.
- Conducts companywide and supervisor training on a variety of topics, including workplace harassment, EEO compliance, FMLA, ADA, military leave, workplace violence, litigation prevention, background checks, and layoffs.
- Advises clients concerning all aspects of the employment relationship, such as: reductions-in-force, corporate restructuring, employee hiring, discipline, evaluation, discharge, and retention; wage and hour practices; accommodation of disabilities; family and medical leave issues; drug abuse and testing; workplace technology, and employee privacy issues.
- Defends employers in claims brought under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Law, the Equal Pay Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and other federal, state and local EEO laws and regulations.
- Handles disputes involving the Fair Labor Standards Act (including Department of Labor investigations), the Occupational Safety and Health Act, and the WARN Act (which regulates plant closings and mass layoffs).
- Regularly appears before the EEOC and state and local EEO agencies to handle charges or complaints of discrimination, and works with in-house legal counsel and personnel departments to prepare position statements and produce other data designed to prevent potential lawsuits.
- Handles due diligence regarding complex labor and employment law issues in corporate acquisitions and sales.
- Defends charges and claims of housing discrimination, including fair housing issues involving tax credit properties.
Professional & Community Involvement
- Miami City Ballet: Board of Trustees (2005-2012); Pro Bono Counsel (1992-present)
- Greater Miami Jewish Federation (GMJF): Board of Directors (2008-2010); Past Chairman, Board of Directors of Young Leadership Division (YLD) (2003-2004/2004-2005); Leadership Council (2005-present)
- American Jewish Committee (AJC): Board of Directors (2008-present); Chair of Nominating Committee (2009-present); Chair of ACCESS (Young Leadership Division of AJC in Miami) (2008-2010); Sholom Comay Fellowship (2007 to 2008)
- Academy of Florida Management Attorneys (AFMA), Director & Sergeant at Arms, 2017
- Jewish Federations of North America: National Young Leadership Cabinet (2003-2010)
- United Way: Young Leaders Society (2000-2007)
- Dade County Bar Association Member (1993-2012)
- American Bar Association Member (1993-present); ABA, Committee on Practice and Procedure Before the NLRB (2002- 2008)
- Florida Super Lawyers: Star Search (2010)
- Greater Miami Jewish Federation Stanley C. Myers Presidents’ Young Leadership Award recipient (2009)
- American Jewish Committee’s prestigious Sholom Comay Fellow (2007-2008)
- South Florida Business Journal’s Up and Comer’s Award Winner (2002)
- South Florida Legal Guide, Up-and-Coming Attorneys in South Florida (2002)
- South Florida Business Journal’s Up and Comer’s Finalist (2001)
- AV Rated by Martindale-Hubbell
Publications & Presentations
8th Annual South Florida's Premier Labor & Employment Law Conference|August 2018
Employer Not Required to Approve Employee's Request Not to Work Sabbath
Florida Employment Law Letter|April 2018
Telecommuting: Is Your Physical Presence at Work an Essential Job Function?
Florida Employment Law Letter|March 2018
Apples to Apples: 11th Circuit Holds Comparators Must Be ‘Nearly Identical’
Florida Employment Law Letter|February 2018
Advanced Skills for Employee Leave Management
2018 FMLA Master Class: Florida|February 2018
Family and Medical Leave Act
The Florida Bar 18th Labor and Employment Law Annual Update and Certification Review|January 2018
A December to Remember: NLRB Delivers Early Holiday Gifts to Employers
Florida Employment Law Letter|January 2018
EEOC Reminds Employers of Best Practices for Providing Workplace Accommodations
Florida Employment Law Letter|December 2017
In the Media:
FMLA: A Primer for HR
Society For Human Resource Management Magazine|February 2018
In the Media:
Spread of Zika Virus Raises Legal Issues for Employers
Bloomberg BNA|August 2016
Stearns Weaver Miller Presents 26th Annual Labor & Employment Law Seminar
In the Media:
It’s August and the office is freezing: Why is that and what should HR do?
HR Hero|August 2015
Stearns Weaver Miller Presents 25th Annual Labor & Employment Law Seminar
Stearns Weaver Miller Presents 24th Annual Labor and Employment Law Seminar
Lisa Berg Receives Jewish Federation Young Leadership Award
Stearns Weaver Miller Hosts 18th Annual Seminar on Labor and Employment Law