STEVEN M. BERNSTEIN · 2.6.20 Labor Relations Co-Chair Breaks Down NLRB’s Recent Guidance Memos...

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www.fisherphillips.com © 2020 Fisher Phillips LLP STEVEN M. BERNSTEIN Regional Managing Partner, Tampa sbernstein@fisherphillips.com Tampa t: 813.769.7513 c: 813.777.3081 f: 813.769.7501 PRACTICES Employee Leaves Collective Bargaining Layoffs and Plant Closings NLRB Practice Strike Defense and Contingency Planning Union Campaigns and Elections Compliance Audits and Counseling Uniformed Services Employment and Reemployment Rights Act Automotive Dealership Labor Relations OSHA Inspections and Litigation Workplace Safety and Catastrophe Management Steve Bernstein is a member of the firm’s COVID-19 Taskforce, a cross- disciplinary team of attorneys dedicated to advising employers on the many workplace law aspects of the global coronavirus pandemic. Steve Bernstein is the managing partner in the firm's Tampa office, and co-chairs the firm’s Labor Relations practice group. Steve maintains a traditional labor practice in which he represents employers throughout the United States in both state and federal courts, as well as before the National Labor Relations Board (NLRB), the U.S. Department of Labor (DOL), the Occupational Safety & Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and other state and federal agencies. In the process, Steve has played a primary role in advising clients on union-related matters. Steve has also acquired a sophisticated level of experience with regard to advising clients on compliance with the Worker Adjustment and Retraining Notification (WARN) Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Family and Medical Leave (FMLA), and the Americans with Disabilities Act (ADA). A significant portion of his practice is devoted to the implementation of preventive employee relations programs that include supervisory training as well as the development and administration of effective human resources policies and practices.

Transcript of STEVEN M. BERNSTEIN · 2.6.20 Labor Relations Co-Chair Breaks Down NLRB’s Recent Guidance Memos...

Page 1: STEVEN M. BERNSTEIN · 2.6.20 Labor Relations Co-Chair Breaks Down NLRB’s Recent Guidance Memos for Law360 1.16.20 Labor Relations Co-Chair Quoted by Law360 on NLRB Suit 11.14.19

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STEVEN M. BERNSTEINRegional Managing Partner, [email protected]

Tampat: 813.769.7513c: 813.777.3081f: 813.769.7501

PRACTICES

Employee Leaves

Collective Bargaining

Layoffs and Plant Closings

NLRB Practice

Strike Defense andContingency Planning

Union Campaigns andElections

Compliance Audits andCounseling

Uniformed ServicesEmployment andReemployment Rights Act

Automotive Dealership

Labor Relations

OSHA Inspections andLitigation

Workplace Safety andCatastrophe Management

Steve Bernstein is a member of the firm’s COVID-19 Taskforce, a cross-disciplinary team of attorneys dedicated to advising employers on themany workplace law aspects of the global coronavirus pandemic.

Steve Bernstein is the managing partner in the firm's Tampa office,and co-chairs the firm’s Labor Relations practice group.

Steve maintains a traditional labor practice in which he representsemployers throughout the United States in both state and federalcourts, as well as before the National Labor Relations Board (NLRB),the U.S. Department of Labor (DOL), the Occupational Safety &Health Administration (OSHA), the Equal Employment OpportunityCommission (EEOC), and other state and federal agencies.

In the process, Steve has played a primary role in advising clients onunion-related matters. Steve has also acquired a sophisticated levelof experience with regard to advising clients on compliance with theWorker Adjustment and Retraining Notification (WARN) Act, theUniformed Services Employment and Reemployment Rights Act(USERRA), the Family and Medical Leave (FMLA), and the Americanswith Disabilities Act (ADA).

A significant portion of his practice is devoted to the implementationof preventive employee relations programs that include supervisorytraining as well as the development and administration of effectivehuman resources policies and practices.

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EDUCATION

University of Florida College ofLawJ.D. 1990, with honors

Cornell University School ofIndustrial and Labor RelationsB.S. 1987

BAR ADMISSIONS

Florida

Georgia

COURT ADMISSIONS

Georgia Court of Appeals

Georgia Supreme Court

U.S. Court of Appeals for theDistrict of Columbia Circuit

U.S. Court of Appeals for theEleventh Circuit

U.S. Court of Appeals for theFifth Circuit

U.S. Court of Appeals for theSeventh Circuit

U.S. Court of Appeals for theSixth Circuit

U.S. District Court for theMiddle District of Florida

U.S. District Court for theNorthern District of Georgia

Previously, Steve worked for the International Brotherhood ofTeamsters and with the Minority Staff of the U.S. Senate LaborCommittee.

Representative Work

11th Circuit Delivers Victory to Pizza Employer in NLRB Matter7.2.18

Employer Escapes NLRB Section 10(j) Injunction

Honors & Awards

■ Recognized in The Best Lawyers in America (2020 - 2021)

■ Named, Best Lawyers"Lawyer of the Year", Trade Secrets Law(2021)

■ Named, Best Lawyers"Lawyer of the Year", Employment Law -Management (2020)

■ Named, Best Lawyers"Lawyer of the Year", Labor Law-Management (2017 and 2019)

■ Named, Best Lawyers"Lawyer of the Year", Labor andEmployment Litigation (2018)

■ Named one of the "People to Know" in Tampa/HillsboroughCounty by Florida Trend in 2014

■ Florida Super Lawyers since 2012

■ Selected for inclusion in The Best Lawyers in America since2012

■ Listed in Chambers USA, America's Leading Lawyers forBusiness since 2011

■ Listed by the Labor Relations Institute (LRI) as one of the "Top100 Labor Attorneys" in the U.S. since 2006

■ "AV" Peer Review Rated by Martindale-Hubbell

■ Named Outstanding Labor and Employment Law SchoolStudent by the Labor and Employment Law Section of theFlorida Bar

Steven M. Bernstein

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Professional Activities

■ Fellow of the American Bar Foundation

■ Vice-Chair, Pepin Academies Foundation Board of Directors

■ Member, Quest, Inc. Advisory Board

■ Member, Hillsborough County City-County Planning Commission

■ Member, American Heart Association Circle of Red

■ Past Chair, Greater Tampa Chamber of Commerce

■ Past President, Academy of Florida Management Attorneys

■ Former Co-Chair, Labor & Employment Section of the Hillsborough Bar Association

■ Member ABA Committee on Federal Labor Standards Legislation, Subcommittee on USERRA

■ Former Chief Editor, Florida Employment Law Manual

News

Fisher Phillips Featured by Tampa Business Observer on COVID-19 Response and Client Service10.2.20

Fisher Phillips Attorneys Receive Top Honors in Best Lawyers in America©More Than A Quarter of the Firm’s Attorneys Recognized in 2021 Edition8.20.20

Navigating the Blurry Overlap of Politics and Protected Speech in the Workplace8.10.20

Can Employers Require Unionized Workforces to Wear Masks?5.19.20

Fisher Phillips Recognized Among The Top Labor and Employment Law Firms by Chambers USA5.1.20

Fisher Phillips Provides Employers with Post-Pandemic Back-to-Business FAQs4.20.20

Law360 Turns to Labor Relations Co-Chair for Insight on NLRB Ruling on Employee Speech3.31.20

The Wall Street Journal and SHRM Turn to Labor Relations Co-Chairs for Insight on MajorWorkplace Bill2.6.20

Steven M. Bernstein

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Labor Relations Co-Chair Breaks Down NLRB’s Recent Guidance Memos for Law3601.16.20

Labor Relations Co-Chair Quoted by Law360 on NLRB Suit11.14.19

Fisher Phillips Announces New Leadership Appointments10.7.19

Labor Relations Co-Chair Discusses Proposed NLRB Rule with Inside Higher Ed9.23.19

Best Lawyers in America® Honors 96 Fisher Phillips Attorneys in 2020 Edition8.15.19

NLRB Tackles Bargaining Orders, Bonuses In Latest Rulings8.1.19

Five Cases to Watch at the NLRB7.29.19

Labor Relations Co-Chair Comments on Southeast Union Vote6.14.19

Fisher Phillips Announces Practice Group and Industry Leaders Amid Record Growth5.9.19

Chambers USA Recognizes 40 Fisher Phillips Attorneys in 2019 ListFirm Also Ranked Among the Best in the U.S. for Labor & Employment Law4.25.19

Fisher Phillips Partner Discusses Delay of New Joint Employer Rule12.29.18

Fisher Phillips Partner Reflects on Greater Tampa Chamber of Commerce Chairmanship12.21.18

Fisher Phillips Attorney Explores Possible Outcome in Supreme Court Case: Kisor v. Wilkie12.14.18

Fisher Phillips Attorney Examines Semantics in Labor Contract Dispute12.7.18

Steven M. Bernstein

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Attorney Addresses Calls for Conversation about Joint Employer Rule Change11.6.18

Fisher Phillips Attorney Discusses Implications of New NLRB Policy For Unions10.29.18

Fisher Phillips Labor Attorney Addresses Proposed Changes to the Joint Employer Standard10.3.18

Fisher Phillips Attorney Explains the Impetus and Impact of Proposed Joint Employer Rule Change9.18.18

Tampa Partner Quoted in SHRM on New FMLA Certification Expiration Dates8.31.18

Tampa Partner Discusses NLRB’s ADR Program Expansion8.17.18

Ninety-Five Fisher Phillips Attorneys Selected to The Best Lawyers in America 20198.15.18

Unions Steamrolling Quickie Elections5.22.18

Forty-Two Fisher Phillips Attorneys Ranked Among the Top in Chambers USA 2018Firm Also Ranked Among the Best for Labor & Employment Law5.3.18

The Next Hy-Brand: 3 Cases That Could Undo Browning-Ferris4.23.18

NLRB Joint Employer Test Still in Limbo Despite New Member4.11.18

4 Takeaways As NLRB Directors Decry Proposed Overhaul1.26.18

Tampa Chamber of Commerce finding a more outspoken voice with new leader1.12.18

Steven M. Bernstein, Partner at Fisher Phillips, Installed as Chair of the Greater Tampa Chamber ofCommerce12.15.17

Steven M. Bernstein

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Steve Bernstein’s Interview on ‘Daytime’ WFLA12.13.17

‘Weinstein Moment’ Harassment Spotlight Playing Out at Tampa Bay Businesses12.13.17

National Labor Relations Board Strikes Pro-Employer Stance12.12.17

Republicans Set to Influence National Labor Relations Board10.3.17

5 Labor And Employment Bills To Watch9.12.17

Eighty-Nine Fisher Phillips Attorneys Selected to The Best Lawyers in America 20188.15.17

NLRB Swings Right8.3.17

Trump NLRB Picks May Rein In Employee Speech6.28.17

Labor Department Wants to Withdraw 2016 Persuader Rule6.9.17

Forty-Three Fisher Phillips Attorneys Ranked Among Top in Chambers USA 2017Firm Also Ranked Among the Best for Labor & Employment Law5.30.17

VW Hit with U.S. Unfair Labor Practice Complaint at Tenn. Plant5.13.17

National Labor Relations Board Chair a Popular Choice with Business5.2.17

New NLRB Chairman Philip Miscimarra Expected To Undo Recent Pro-Union Changes5.1.17

GOP Rage At Obama's Labor Board Could Cost Trump's NLRB4.11.17

Steven M. Bernstein

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High Court Sets Limits On Presidential Appointment Power3.21.17

Business Groups Enlist States To Undo A Hated Obama Pro-Union Regulation3.13.17

Unions Hope To Take Local Right-To-Work Ruling To SCOTUS3.10.17

In Good Hands2.6.17

New National Right-To-Work Bill Has Real Chance2.2.17

Trump Taps Republican Miscimarra to Head Labor Board1.26.17

Supreme Court to Rule on Class-Action Waivers1.18.17

Right-To-Work Battle Heating Up Early In 20171.11.17

Fisher Phillips’ Managing Partner Appointed Chair-Elect for Greater Tampa Chamber of CommerceAfter serving as Chair-Elect in 2017, Steve Bernstein will become Chair in 201812.27.16

Trump's Picks for Labor Board Could Raise Conflicts Issues11.18.16

Court Permanently Bars New Persuader Rule11.18.16

'Pragmatic Conservative' Reportedly up for Labor Cabinet Position11.15.16

The Morning Risk Report: What a Trump Victory Could Mean for Labor Laws11.11.16

Unions Brace for Pro-business Shift in Labor Policy Under Trump11.9.16

Steven M. Bernstein

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High Court Set To Clarify Presidential Appointment Limits11.4.16

Is it Disrespectful to Send an Associate to Court? Maybe Not.9.27.16

Foxx Vows Changes to Overtime Rule as Chair of House Committee9.21.16

NLRB Sees Opportunity For Class-Waiver Win At High Court9.13.16

How Obama Has Tilted the Workplace for Union9.12.16

Hirozawa's NLRB Tenure Remembered For Progressive Action8.30.16

Employers Beware: NLRB Likely To Drop More Pro-Union Rulings By End Of August8.17.16

One Year After Browning-Ferris, Employers Decry Uncertainty8.16.16

Attorneys Selected to The Best Lawyers in America 20178.15.16

Three Takeaways From The NLRB's Temp Worker Union Ruling7.12.16

Eleven Attorneys Included in Florida Super Lawyers & Rising Stars6.9.16

'Sham' Unions, Real Lawsuits6.1.16

Forty-Three Fisher Phillips Attorneys Ranked Among Top in Chambers USA 20165.27.16

NLRB's Miscimarra Lays Path For Handbook Rule Challenges4.18.16

Challengers: Labor Dept. Rule Redefines 'Attorney-Client Confidentiality'4.14.16

Steven M. Bernstein

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Cash-Strapped NLRB Could Be More Flexible On Settlements3.30.16

DOL Rule Could Persuade Management Not to Seek Legal Advice3.23.16

‘Persuader Rule' Constricts Communications with Workers About Unions3.23.16

Supreme Court Pick Garland's Track Record Less Friendly to Business3.22.16

Merrick Garland's Pro-Labor Rulings Run Deep on D.C. Circuit3.16.16

Attorneys Weigh in on Obama's Supreme Court Pick3.16.16

Supreme Court Pick has Long Pro-Union History3.16.16

Obama's Union-Friendly Supreme Court Nominee3.15.16

Proceed with Caution Around 'Fight for $15' Strikes11.19.15

Big Labor's Unlikely Hope: Antonin Scalia11.16.15

Circuit Court Backs NLRB On Social Media Conduct, Voids Handbook Provision11.9.15

Fight for $15 Movement11.9.15

The Four Biggest Questions Facing Traditional Labor Attys9.17.15

What the NLRB Joint Staffing Decision Means for Healthcare9.3.15

NLRB Raises Many Issues as it Broadens Joint Employer Standard9.2.15

Steven M. Bernstein

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Gauging the Impact of Browning-Ferris8.31.15

Analysis: NLRB Ruling Could Upset Franchise Businesses8.31.15

Labor Board Ruling Will Create Major Confusion in Disputes: Critics8.29.15

Four Things To Know About The NLRB's Joint-Employer Decision8.28.15

Union Organization Eased Under NLRB's Broader Definition of ‘Joint Employer'8.28.15

Bye-Bye Ronald8.28.15

NLRB Ruling Could Shake Up Healthcare Staffing Industry8.28.15

Northwestern Football Players' Unionization Drive Halted8.18.15

Fisher Phillips Attorneys Selected to The Best Lawyers in America 20168.17.15

NLRB Sacks Northwestern Football Players' Unionizing Drive8.17.15

Employees May Not Have to Keep Quiet About Investigations8.13.15

Labor Board: Employer Cannot Say Union Could Hurt Business8.6.15

Four NLRB Cases To Watch As Clock Ticks On Johnson's Term8.5.15

Eight Attorneys Included in Florida Super Lawyers, Rising Stars6.11.15

With Union Petitions Up, Get Your Message Out…Now!6.8.15

Steven M. Bernstein

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Union Elections Swell in ‘Ambush' Era6.2.15

Summer Dress Codes Are Best Approached With Specifics, Consistency, Practitioners Say5.29.15

Forty-Three Attorneys Ranked Among Top in Chambers USA 20155.19.15

NLRB May Legitimize Union Fees in Right-to-Work States5.5.15

Aggressive New Federal Labor Rules on Employee Speech Leave Companies Baffled4.19.15

Businesses Seek Guidance on New Labor Board Rule4.17.15

Employers Brace For Impact Of New NLRB Election Rule4.14.15

Five States That Could Be The Next 'Right To Work' Hot Spots3.10.15

NLRB GC Changes Arbitration Rules for Employers, Unions2.23.15

Bill Would Add Sixth Member to NLRB1.30.15

NLRB's Email Ruling Stands Out From Year-End Flurry1.21.15

A GOP Effect on the NLRB?1.7.15

Company Phones Now a Union Tool12.16.14

NLRB 'Purple' Ruling May Leave Employers Feeling Blue12.15.14

Twin NLRB Rulings Are A Big Christmas Present For Labor12.12.14

Steven M. Bernstein

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NLRB Rules to Give Workers Right to Use Employer Email for Union Organizing12.11.14

Lawyers Weigh In On NLRB Employer Email Ruling12.11.14

Union Influence Takes Blow As Walker Holds Seat In Wisconsin11.5.14

For Once, NLRB Rejects Online Protected Activity10.31.14

Fisher Phillips Announces New Managing Partners10.1.14

Fisher Phillips Attorneys Selected to The Best Lawyers in America 20158.18.14

NLRB Stance On 'Micro-Units' Sets Up Food Industry Fights8.18.14

How Employers Can Fight 'Micro-Units' At The NLRB8.5.14

NLRB Boosts 'Micro Units' With Macy's Decision7.29.14

Can You Care For An Elderly Parent And Still Succeed At Work?7.24.14

Employment Regs To Watch In The 2nd Half of 20147.18.14

Supreme Court Rules Obama's 2012 NLRB Recess Appointments Invalid6.26.14

Lawyers Weigh In On High Court's Recess Appointment Ruling6.26.14

Obama Loses On NLRB Recess Appointments, But Employers Unlikely To Win6.26.14

President's Recess-Appointment Power Cut By U.S. High Court6.26.14

Steven M. Bernstein

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U.S. Supreme Court Ruling Seen Unlikely To Alter Past NLRB Decisions6.26.14

Steve Bernstein Offers Insight In Arsovski v. 200 East 81st Restaurant Corp. Case5.13.14

NLRB Invites Input On Using Employers' E-mail For Organizing5.12.14

NLRB to Review Northwestern's Appeal Of Student-Athletes' Union Decision4.25.14

Five Issues To Watch At The NLRB Election Rule Meetings4.9.14

Fisher Phillips Attorneys Offer Insight On Northwestern Football NLRB Ruling3.28.14

Employers Brace For An Invigorated NLRB2.25.14

After Rejecting UAW, VW Workers May Still Get Works Council2.19.14

VW Workers May Still Get Works Council, Despite UAW Vote2.18.14

Revamping The 'Advice Exemption'2.11.14

NLRB Revives Union Election Ideas In Proposed Rules2.10.14

Obama Labor Board Revives Speedy Vote Rule Employers Fought2.5.14

NLRB Advances Pro-Labor Agenda2.1.14

High Court Will Probably Rule NLRB Appointments Unconstitutional1.15.14

Board Could Resuscitate ‘Quickie Election' Rule1.15.14

Steven M. Bernstein

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Supreme Court Case Has Big Implications For National Labor Relations Board1.14.14

Year's Biggest Labor Case Heads To Justices For Oral Args1.10.14

No Need To Hang That NLRB Employee Rights Poster1.8.14

Law Firms Brace For Final DOL Persuader Rules10.31.13

Newly Confirmed Labor Board Faces Challenges as it Seeks to Extend Union Rights9.27.13

Employee Handbooks: Feds' New Hunting Grounds8.8.13

NLRB: Back in Business7.31.13

Persuader Predicament7.15.13

High Court Case Will Shake Up ‘Top-Down' Union Organizing6.25.13

Fourteen Fisher Phillips Attorneys Named to Florida Super Lawyers List6.12.13

Labor Board in Limbo6.3.13

Five Questions To Ask Before Axing Workers For Facebook Posts4.29.13

Fisher Phillips Partner Tapped for Greater Tampa Chamber of Commerce's Executive CommitteeSteve Bernstein’s term as Legal Counsel begins January 1, 201312.14.12

Right To Work Law Could Put Michigan Back On The Business Map12.11.12

Steven M. Bernstein

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Social Media Changing The Rules Of Workplace11.30.12

Beware Nonunion Employers: NLRB May Knock At Your Door11.12.12

Five Tips For A Social Media Policy That Won't Rile The NLRB10.22.12

The NLRB Flexes its Muscles8.1.12

Caution Urged For Criminal Checks In Hiring5.4.12

Fisher Phillips Partner Selected for Greater Tampa Chamber of Commerce Board of DirectorsSteve Bernstein's Three-Year Term Begins January 1, 201212.23.11

Misclassification a Hot Topic As Economy Sputters, Law Changes12.2.11

Fisher Phillips Introduces New Tampa Bay LeadershipNational Labor and Employment Law Firm Enhances Tampa Presence9.29.08

Seminars & Speaking Engagements

The Trump Effect: Ten Workplace Law Developments To Be Watching For

Bank of America Plaza101 Kennedy Blvd.Tampa, FL 33602, 4.19.17

Bay Area Labor and Employment Law UpdateOne Day, Many Solutions Tampa

Crowne Plaza Westshore5303 West Kennedy Blvd.Tampa, FL 33609, 4.21.16

Steven M. Bernstein

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The Changing Landscape of Joint Employer Status: Preparing for the Future in Light of the LaborBoard's BFI DecisionWebinar9.14.15

The NLRB's New Rules on Expedited Union Elections – Is Your Organization Ready?Webinar4.27.15

Expedited Union Elections, Enhanced E-Mail Protections and Other New NLRB Developments – IsYour Organization Ready?Webinar1.22.15

Employment Law Updates and Forecasts3.10.14

Labor Law Developments3.10.14

When Our Soldiers Come Marching Home – Reintegrating Returning Veterans Into the Workforce -Webinar5.9.13

Update on the Obama Board's Decisions and What to Expect5.6.13

Fisher Phillips Hosts the 2013 Tampa Best Places to Work Awards4.18.13

Independent Schools Association of the Southwest5.2019

National Association of Episcopal Schools Biennial Conference11.2018

"Labor Law Developments" - The American Forest & Paper Association3.7.14

Co-Chair – South Florida’s Premier Labor & Employment Conference – The Seminar Group - Ft.Lauderdale, FL9.20.12 - 9.21.12

“Update on Recent NLRB Developments - National Association of Professional EmployerOrganizations -Washington, D.C.5.22.12

Steven M. Bernstein

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“Dealing with the Latest Developments at the NLRB - Webinar - Associated Builders & Contractors,Florida East Coast Chapter4.19.12

“Winning Unemployment Compensation Cases” - Florida Beer Wholesalers Association - Orlando,FL4.18.12

“New Regulatory Developments Impacting Union Organizing, Social Media and Background Checks”- National Association of Convenience Stores H.R. Forum - Orlando, FL3.6.12

“What Every Employer Needs to Know About the NLRB “ - Association of Corporate Counsel,Orlando Chapter- Orlando, FL2.16.12

“Keeping Your Company One Step Ahead with HR Regulations” - National Association ofConvenience Stores Annual Meeting - Chicago, IL10.1.11

“Implementing a Strategy to Maintain an Independent Workforce” - Inside Counsel 3rd AnnualLabor Symposium - Chicago, IL10.5.11

Co-Chair - South Florida's Premier Labor & Employment Conference - The Seminar Group - Miami,FL9.20.11 - 9.21.11

“Containing the Cost of Workers' Compensation” - HR Florida8.28.11

“FLSA Overtime Exemption for Service Writers: Fact vs. Fiction” - Suncoast Automotive AccountantsAssociation - Tampa, FL5.23.11

“A Proactive Strategy for Lawful But Effective Discipline and Discharge” - Association of LegalAdministrators - Tampa, FL5.11.11

“Legislative Update, Unions and the New NLRB” - National Association of Convenience Stores H.R.Forum - Atlanta, GA3.8.11

Steven M. Bernstein

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Articles

Five Things Tampa Businesses Should Consider Before Bringing Employees Back to Work5.15.20

Fisher Phillips Partners Provide Workplace Guidelines During a Pandemic4.1.20

What Does the Restaurant Industry Need to Know About the NLRB’s Joint Employer Rule?3.15.20

Five Tips for Keeping Workplace Political Discussions Respectful5.10.16

Protect Yourself from a Protest12.10.14

Is a New NLRB Sheriff Coming to Town?9.10.13

NLRB: How Senate Compromise Could Adversely Affect Employers8.7.13

The NLRB's New Focus: Non-Union Employers7.1.13

Labor Organizing Changes Should Trigger Internal Policy Review3.28.12

"State Efforts to Reduce Unfunded Liability by Limiting Collective Bargaining – The Shape of Thingsto Come?"9.7.11

The NLRB's Boeing Dreamliner Complaint: A Tangled Web of Legal and Political Controversy2.1.11

Latest NMB Rulemaking — Shape Of Things To Come?11.18.09

Containing Your Workers' Compensation Costs: Construction Workers' Compensation7.24.07

Steven M. Bernstein

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Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters8.20.20

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NLRB Upholds Ban On Use Of Company Email For Union Organizing6.2.20

Federal Court Blocks Labor Board’s New Union Election Rules6.1.20

COVID-19 Guidance And FAQs For Unionized Employers4.2.20

Labor Department Throws COVID-19 Curveball In Latest Guidance, Suggests Shut Down EmployeesWon’t Qualify For Leave3.29.20

Important Labor Law Implications Of Latest Federal COVID-19 Law3.27.20

5 Things You Need To Know About The Labor Board’s New Joint Employment Rule2.25.20

Florida Employers Must Ring In New Year With Minimum Wage Increase1.6.20

Balance Restored: The NLRB Curtails “Quickie Election” Rule12.13.19

Expect A Trio Of Federal Joint Employment Rules In December11.21.19

Labor Board Further Tightens Union Access To Employer Property9.9.19

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters8.29.19

Answers To Employer Questions In Wake Of Threatened ICE Raids7.15.19

Steven M. Bernstein

Page 20: STEVEN M. BERNSTEIN · 2.6.20 Labor Relations Co-Chair Breaks Down NLRB’s Recent Guidance Memos for Law360 1.16.20 Labor Relations Co-Chair Quoted by Law360 on NLRB Suit 11.14.19

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Labor Department’s Proposed Four-Factor Rule Would Limit Joint Employment4.1.19

Labor Board Makes It Easier To Classify Workers As Independent Contractors1.25.19

Longest Government Shutdown In History Is Impacting Workplace Law1.14.19

Federal Court Upholds Unworkable Joint Employer Test12.28.18

How The Government Shutdown Is Affecting Your Workplace12.27.18

Will Your Workers Go On Strike This Week? What You Need To Know10.2.18

Labor Board Proposes Complete Overhaul To Joint Employment Rule9.14.18

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters9.13.18

Labor Board Poised To Even Playing Field Once Again4.13.18

What A Government Shutdown Would Mean For Employers1.18.18

Labor Board To Scrap Quickie Election Rule? Public Comment Requested12.12.17

Memo From Labor Board’s Top Attorney Signals Change Is On Its Way12.4.17

August 2017: The Top 11 Labor And Employment Law Stories9.7.17

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters9.6.17

100-Day Recap: Workplace Law Under President Trump, So Far5.2.17

Steven M. Bernstein

Page 21: STEVEN M. BERNSTEIN · 2.6.20 Labor Relations Co-Chair Breaks Down NLRB’s Recent Guidance Memos for Law360 1.16.20 Labor Relations Co-Chair Quoted by Law360 on NLRB Suit 11.14.19

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Will Employers Cry Mayday This May 1? What You Need To Know About Planned Protest Activities4.24.17

What Employers Need To Know About The "Day Without Immigrants" Walkout2.15.17

Top 10 Workplace Law Developments To Expect From The Trump Presidency11.9.16

NLRB Reinstates Liberal Standard For Unionizing Temp Workers7.11.16

Will Your Workers Go On Strike On November 10? What You Need To Know11.6.15

NLRB Starts Down The Slippery Slope With Controversial New Joint Employer Ruling8.28.15

NLRB Sacks College Football Player Union Organizing Drive8.17.15

NLRB Finalizes Quickie Election Rules for April Implementation12.12.14

Florida Minimum Wage Rising To $8.0512.2.14

Supreme Court Strikes Down NLRB Recess Appointments6.26.14

It's Back – NLRB Revives Quickie Election Rule That May Soon Be Here to Stay2.5.14

NLRB Issues Landmark Decision for Auto Dealers6.8.05

Newsletter Articles

August 2020: The Top 17 Labor And Employment Law Stories9.4.20

June 2020: The Top 21 Labor And Employment Law Stories7.2.20

Steven M. Bernstein

Page 22: STEVEN M. BERNSTEIN · 2.6.20 Labor Relations Co-Chair Breaks Down NLRB’s Recent Guidance Memos for Law360 1.16.20 Labor Relations Co-Chair Quoted by Law360 on NLRB Suit 11.14.19

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The Top Non-COVID Workplace Law Stories You May Have Missed: May 20205.29.20

WEB EXCLUSIVE: February 2020: The Top 15 Labor And Employment Law Stories3.2.20

WEB EXCLUSIVE: January 2020: The Top 14 Labor And Employment Law Stories2.3.20

A Decade In Review: Workplace Law In The 2010s1.2.20

WEB EXCLUSIVE: The Top 14 Workplace Law Stories Of December 20191.2.20

WEB EXCLUSIVE: November 2019: The Top 12 Labor And Employment Law Stories12.2.19

WEB EXCLUSIVE - September 2019: The Top 11 Labor And Employment Law Stories10.1.19

WEB EXCLUSIVE - July 2019: The Top 18 Labor And Employment Law Stories8.1.19

WEB EXCLUSIVE: April 2019: The Top 16 Labor And Employment Law Stories5.1.19

January 2019: The Top 16 Labor And Employment Law Stories1.31.19

December 2018: The Top 15 Labor And Employment Law Stories1.1.19

October 2018: The Top 14 Labor And Employment Law Stories10.31.18

WEB EXCLUSIVE - September 2018: The Top 13 Labor And Employment Law Stories10.1.18

WEB EXCLUSIVE - NLRB Expands Mediation Options With Announcement Of ADR Pilot Program9.28.18

WEB EXCLUSIVE - April 2018: The Top 19 Labor And Employment Law Stories5.1.18

Steven M. Bernstein

Page 23: STEVEN M. BERNSTEIN · 2.6.20 Labor Relations Co-Chair Breaks Down NLRB’s Recent Guidance Memos for Law360 1.16.20 Labor Relations Co-Chair Quoted by Law360 on NLRB Suit 11.14.19

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WEB EXCLUSIVE: January 2018: The Top 18 Labor And Employment Law Stories2.1.18

WEB EXCLUSIVE December 2017: The Top 14 Labor And Employment Law Stories1.2.18

A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues9.5.17

WTF, NLRB? (WTF = “Where’s The Fairness?”)8.30.16

Thirteen Reasons Why Non-Union Workplaces Can't Ignore The NLRB5.2.16

Can Your Employees Take A Selfie At Work?3.1.16

When Is A Union Not A Union? When It's A "Worker Center."12.3.13

Reintegrating Your Workplace Warriors2.1.13

Responding To The (New) NLRB4.2.12

Political Drama In New Hampshire6.1.11

Summer's Here And Dress Codes Are Feeling The Heat6.1.10

PDA After Hours12.1.09

With Or Without EFCA, Labor Reform Is Coming11.1.09

Steven M. Bernstein