Overview
An excellent attorney, with quality leadership...one of the go-to people on compliance issues.
- Chambers USA 2021
Lisa Berg is a Shareholder in the Labor & Employment Law Department and is Board Certified by The Florida Bar in Labor and Employment Law.* 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 our clients in handling complex COVID-19 and pandemic related issues; 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.
Lisa is a Past President of the Academy of Florida Management Attorneys. Lisa also is a regular contributor to the firm’s labor and employment law blog, BeLabor the Point and is a Co-Editor and contributor to the Florida Employment Law Letter.
*With only 7% of eligible members certified, Board certification is The Florida Bar’s highest level of evaluation of a lawyer’s competence and experience in a particular area of practice. It identifies lawyers with "special knowledge, skills and proficiency, as well as a reputation for professionalism and ethics." To achieve certification, a lawyer must endure rigorous examination and testing and be evaluated by their peers.
Representative Experience
- Assisted national employers in creating pandemic-response plans and managing complex and novel COVID-19 issues.
- 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
- Co-Editor, Southeast Employment Law Letter, January 2020-Present
- Co-Editor, Florida Employment Law Letter, February 2014-Present
- Academy of Florida Management Attorneys (AFMA)
- President & Director, 2020
- Treasurer, 2018
- Director & Sergeant at Arms, 2017
- Miami City Ballet
- Pro Bono Counsel, 1992-Present
- Board of Trustees, 2005-2012
- Greater Miami Jewish Federation (GMJF)
- Board of Directors, 2008-2010
- Pro Bono Counsel, 2005-Present
- Past Chairman, Board of Directors of Young Leadership Division (YLD), 2003-2004 and 2004-2005
- Leadership Council, 2005-Present
- American Jewish Committee (AJC)
- Board of Directors, 2008-2019
- Chair of Nominating Committee, 2009-Present
- Chair of ACCESS (Young Leadership Division of AJC in Miami, 2008-2010
- Sholom Comay Fellowship, 2007-2008
- Jewish Federations of North America, National Young Leadership Cabinet 2003-2010
- United Way, Young Leaders Society, 2000-2007
- Dade County Bar Association, 1993-2012
- American Bar Association, 1993-Present
- Regional Management Chair, Committee on Practice and Procedure under the NLRA, 2002-Present
Recognition
- Chambers USA, Labor & Employment (Florida), 2021-2022
- Florida Super Lawyers, Star Search, 2010
- Greater Miami Jewish Federation, Stanley C. Myers Presidents’ Young Leadership Award, 2009
- American Jewish Committee, Sholom Comay Fellow, 2007-2008
- South Florida Business Journal, Up and Comer’s Award, 2002
- South Florida Legal Guide, Up-and-Coming Attorneys in South Florida, 2002
- South Florida Business Journal, Up and Comer’s Finalist, 2001
- AV Rated by Martindale-Hubbell
Publications & Presentations
Publications:
Co-Editor, Southeast Employment Law Letter
Southeast Employment Law Letter|September 2022
Publications:
Tips for small private companies conducting layoffs
Southeast Employment Law Letter|September 2022
Publications:
Co-Editor, Southeast Employment Law Letter
August 2022
Publications:
Co-Editor, Southeast Employment Law Letter
July 2022
Publications:
What every Florida employer should know about new Stop WOKE Act
Southeast Employment Law Letter|June 2022
Publications:
Co-Editor, Southeast Employment Law Letter
June 2022
Publications:
Wake Up: What Every Florida Employer Needs to Know About the “Stop WOKE Act"
BeLabor the Point Blog|April 2022
Publications:
Can You Force Your Employees to Arbitrate Sexual Harassment Claims?
BeLabor the Point Blog|March 2022
Newsroom
Firm Announcements:
28 Stearns Weaver Miller Lawyers in 12 Practice Areas Ranked In Chambers USA 2022
June 2022
Events, Firm Announcements, In the Media, Labor & Employment News Update, Publications:
Breaking Through the Noise: Labor & Employment Issues Post-Pandemic
Stearns Weaver Miller News Program Special|June 2021
In the Media:
Hear from Marlins, Fisher Island and EEOC leaders about post-COVID labor issues
Miami Herald|June 2021
Firm Announcements:
29 Stearns Weaver Miller Lawyers in 12 Practice Areas Ranked In Chambers USA 2021
May 2021
In the Media:
Requiring COVID-19 Shots? Employers Advised to Follow EEOC Guidance Carefully
HR Daily Advisor|December 2020
In the Media:
NLRB Reverts To Old Standard On Employee Use Of Employer E-Mail Systems
HR Laws|December 2019
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