Lisa K. Berg

Lisa Berg is Board Certified by The Florida Bar in Labor and Employment Law and has more than 30 years of experience providing advice and counseling to employers of all sizes to minimize risk of labor & employment litigation.

Lisa exclusively represents management in labor and 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, accounting, hospitality, and retail.

Areas of Concentration

Employment Counseling

• Advises clients concerning all aspects of the employment relationship, such as:
  • Employee hiring, discipline, evaluation, discharge, and retention
  • Responding to harassment and discrimination complaints
  • Accommodation of disabilities, religion, pregnancy, childbirth and related medical conditions
  • Leaves of absence, including family and medical leave
  • Use of Artificial Intelligence (AI) in the workplace
  • Reductions-in-force
  • Corporate restructuring
  • Drug abuse and testing
  • Workplace technology and cybersecurity
  • Wage and hour practices, including worker classifications
  • Employee privacy issues
  • Workplace investigations and audits
  • Employee handbooks and policies
  • Florida and federal employment law compliance
• Creates pandemic-response plans and manages complex and novel COVID-19 issues, including remote work policies

Litigation Avoidance

• Drafts and revises employee handbooks and supervisor manuals for employers of all sizes and industries
• Assists clients in designing and implementing personnel policies and procedures
• Drafts employment, consulting, independent contractor, general release and separation, severance, non-solicitation, non-disclosure, and non-competition agreements
• Conducts internal investigations, including claims of discrimination and harassment
• Works with in-house legal counsel and human resource professionals to prepare position statements and produce other data designed to prevent potential lawsuits
• Regularly trains employees and supervisors on a variety of topics, including workplace harassment, employment law compliance, FMLA, ADA, PWFA, positive employee relations and engagement, management skills, workplace violence, litigation prevention, background checks, internal investigations, hiring process, and managing employee terminations
• Assists clients with managing employee terminations and restructuring
• Conducts internal audits to identify potential legal problems under a broad category of labor and employment laws

Employment Litigation and Dispute Resolution

• Regularly appears before the EEOC and state and local EEO agencies to handle charges or complaints of discrimination
• Handles grievances, arbitrations, and mediations
• 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 (ADA), the Family and Medical Leave Act (FMLA), the Pregnant Workers Fairness Act (PWFA), and other federal, state and local EEO laws and regulations
• Handles disputes involving the Fair Labor Standards Act (FLSA), including Department of Labor (DOL) investigations, the Occupational Safety and Health Act (OSHA), and the WARN Act (which regulates plant closings and mass layoffs)
• 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

Traditional Labor Law

• Advises employers on traditional and emerging obligations under the National Labor Relations Act for both unionized and non-unionized employers
• Manages employer responses to union organizational campaigns (both corporate campaigns and election petitions)
• Represents employers during representation and decertification case hearings before the National Labor Relations Board (NLRB)
• Trains supervisors to avoid unfair labor practice charges and lawsuits
• Represents employers in unfair labor practice proceedings before the NLRB
• Counsels clients on strike and lockout contingency planning
• Negotiates collective bargaining agreements
• Partners with clients to help them meet their business objectives and achieve resolutions that provide for long-term business success
• Develops policies and procedures to maintain a union-free workplace
• Handles arbitrations
• Establishes positive working relationships with unions already representing clients’ employees
• Counsels clients on union avoidance and has conducted hundreds of seminars for clients and professional organizations on how to remain union-free

Prior Experience

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.