Alex Berg

aberg@littler.com
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Alex Berg represents and counsels employers facing a wide variety of labor and employment law issues. These issues often range from front-end training and compliance assistance to high-stakes class or collective action litigation.

Alex emphasizes practical solutions that address relevant legal obligations and best practices while also keeping businesses free to focus on what allows them to be successful in the first place. He has extensive experience advising employers and defending litigation involving issues such as:

  • Title VII of the Civil Rights Act of 1964 and state fair employment practice acts
  • Americans with Disabilities Act (ADA)
  • Fair Labor Standards Act (FLSA) and state wage and hour/wage payment and collection laws
  • Family and Medical Leave Act (FMLA)
  • Age Discrimination in Employment Act (ADEA)
  • Fair Credit Reporting Act (FCRA)
  • Ban-the-box laws and ordinances

When informal efforts to resolve disputes prove unsuccessful, Alex zealously advocates for his clients before the National Labor Relations Board (NLRB), Equal Employment Opportunity Commission (EEOC), and state and local EEO agencies. He has taken and defended numerous depositions and handled extensive motions practice. Alex has significant trial and arbitration experience, including second-chairing a successful three-day trial in the Northern District of California and first-chairing a successful three-day arbitration hearing in Virginia. Additionally, Alex has briefed successful appeals before federal appellate courts across the country, as well as the Maryland Supreme Court.

Alex frequently represents businesses faced with class and/or collective action lawsuits alleging systemic employee discrimination or misclassification, whether pursued by private litigants and/or government agencies. He has defended employers against such claims from the pleadings stage through class certification and discovery as well as negotiating consent decrees and obtaining favorable settlements – including obtaining court-awarded sanctions and attorney’s fees against opposing counsel for their behavior. Alex’s contributions toward successfully defeating class certification in one such case involving claims of “reverse” national origin discrimination played a part in Littler being recognized as Law360’s Employment Group of the Year in 2022.

Alex is a board member of, and regular contributor to, Bender’s Labor and Employment Bulletin and other publications about topical labor and employment issues, especially discrimination against LGBTQ individuals and cannabis and medical marijuana in the workplace. He also enjoys speaking about current employment issues to human resource and business professionals.

Before joining Littler, Alex practiced at a management-side labor and employment firm in the Baltimore area. Previously, Alex served as a judicial clerk to the Hon. Patrick L. Woodward on the Maryland Court of Special Appeals and the Hon. A. Franklin Burgess, Jr. on the Superior Court for the District of Columbia.

During law school, Alex was an editor of the Georgetown Law Journal and an executive editor of the Annual Review of Criminal Procedure. While studying for the bar exam, Alex interned with the D.C. Commission on Human Rights.

Credentials & Recognition

Speaking Engagements

Whistleblowing Doesn’t Have to Stop the Game: Strategies for Reducing the Risk of Whistleblower and Retaliation Claims

  • April 22, 2024
  • HR Virginia 2024 Annual Conference, Richmond, VA

Employment Discrimination Claims: What You Need to Know NOW

  • January 17, 2023
  • National Business Institute (NBI) Webinar

Mini Law School for Maryland HR Professionals

  • August 5, 2022
  • National Business Institute (NBI) Webinar

Drafting Non-Disclosure Agreements

  • January 14, 2022
  • National Business Institute (NBI) Webinar

Mini Law School for HR Professionals

  • October 8, 2020
  • National Business Institute (NBI) Webinar

How to Handle Top Employment Claims: Tips From the Experts

  • February 26, 2020
  • National Business Institute (NBI), Baltimore, MD

Processes, Procedures and Laws: An overview of the EEO laws and federal/state agencies

  • February 26, 2020
  • National Business Institute (NBI), Baltimore, MD

Transgender Student Rights: Interpreting Legal Grey Areas

  • October 2019
  • National Business Institute (NBI) Webinar

Applying the Rules of Evidence: What Every Attorney Needs to Know - Authentication of Social Media and Email Evidence

  • October 2019
  • National Business Institute (NBI), Gaithersburg, MD

Applying the Rules of Evidence: What Every Attorney Needs to Know - Electronic Discovery Update

  • October 2019
  • National Business Institute (NBI), Gaithersburg, MD

Maryland Employment Law – Workplace Privacy (HIPAA, GINA, etc.)

  • April 2019
  • National Business Institute (NBI), Linthicum Heights, MD

Maryland Employment Law – Key Discovery and Evidence Issues in Employment Litigation

  • April 2019
  • National Business Institute (NBI), Linthicum Heights, MD

Risks to Employers Over Job Performance and Termination Issues Involving the FMLA & ADA

  • January 2019
  • Federal Bar Association Webinar

Performance and Termination Decisions Under the FMLA and ADA

  • October 2018
  • Strafford Webinar

Mini Law School for HR Professionals – Other Employment Laws You Need to Know

  • June 2018
  • Gaithersburg, MD and Hagerstown, MD

Mini Law School for HR Professionals – Alternative Dispute Resolution in the Employment Context

  • June 2018
  • Gaithersburg, MD and Hagerstown, MD

Additional Thought Leadership

The Current Realities About Artificial Intelligence In The Workplace

  • October 2022
  • Bender’s Labor & Employment Bulletin

More Than 230 Littler Lawyers Recognized in 2023 Edition of Best Lawyers in America®

  • August 18, 2022
  • Littler Press Release

Supreme Court Holds Arbitration Clauses May Be Waived To Same Extent As Any Other Contractual Right

  • July 2022
  • Bender’s Labor & Employment Bulletin

Supreme Court Set To Evaluate Whether State Public Accommodation Laws Satisfy First Amendment Scrutiny

  • May 2022
  • Bender’s Labor & Employment Bulletin

En Banc D.C. Circuit Set To Clarify Whether Transfers Constitute Adverse Action Under Title VII

  • December 2021
  • Bender’s Labor & Employment Bulletin

Ministerial Exception Bars Title VII Hostile Work Environment Claims, According to En Banc Seventh Circuit

  • September 2021
  • Bender’s Labor & Employment Bulletin

Where There’s No Willfulness, There’s No Way: Second Circuit Affirms Dismissal of Allegedly Willful FLSA Claims At Pleadings Stage

  • June 2021
  • Bender’s Labor & Employment Bulletin

Supreme Court Set To Clarify Causation Standards for Section 1981 Claims

  • August 2019
  • Bender’s Labor & Employment Bulletin

Charged Up: Supreme Court to Clarify Whether Title VII’s Exhaustion Requirement Is Waivable or a Jurisdictional Prerequisite to Suit

  • April 2019
  • Bender’s Labor & Employment Bulletin

“Pot Shots”: An Examination of Medical Marijuana Law Developments in 2018

  • January 2019
  • Bender’s Labor & Employment Bulletin

Sixth Circuit Panel Holds That Title VII and EPA Do Not Require Tendering Back of Release Payments

  • October 2018
  • Bender’s Labor & Employment Bulletin

Supreme Court Recap: Attorneys Assess Impact of China Agritech and Epic Systems

  • June 29, 2018
  • Bloomberg Law Labor and Employment Blog

First Circuit Affirms City of Providence Is Liable for Fire Department Ablaze with Sexual Harassment

  • March 2018
  • Bender’s Labor & Employment Bulletin

Books & Book Chapters

  • Unjust Dismissal
  • Editor for Release Nos. 70-76
  • 2019-present

Hiring Requirements: Maryland

  • Practical Law Labor & Employment
  • Thomson Reuters
  • January 2019

Leave Laws: Maryland

  • Practical Law Labor & Employment
  • Thomson Reuters
  • September 2019

Wage and Hour Laws: Maryland

  • Practical Law Labor & Employment
  • Thomson Reuters
  • July 2019

Let us know how we can help you navigate your particular workplace legal issues.