Gordon M. Berger

Partner | Employment, Labor, and Benefits

About

Gordon M. Berger is a partner at Pierson Ferdinand in the Employment, Labor, and Benefits department.

Practices

  • Employment and Labor

  • Outsourcing

  • Commercial Transactions

Admissions

  • Georgia

  • Georgia Court of Appeals

  • Supreme Court of Georgia

  • U.S. Court of Appeals, 11th Circuit

  • U.S. District Court – Northern District, GA

  • U.S. District Court – Middle District, GA

  • U.S. District Court – Eastern District, TN

  • U.S. District Court – Eastern District, MI

Education

  • Emory School of Law, J.D., 1991

  • University of Rochester, B.A., History/Political Science, 1988

Memberships

  • Named The Best Lawyers in America for 2020-2023 in Employment Law-Management

Law Firm Experience

  • FisherBroyles, LLP

  • Ford & Harrison, LLP

Corporate Experience

  • International Personnel Resources, General Counsel

Recent Representative Successes

  • Successfully defending a client company from a USDOL wage and hour audit

  • Successfully defending a client company from a USDOL foreign worker discrimination audit

  • Successfully defending a client company from a state DOL audit

  • Successfully defending clients in FMLA, Title VII and ADA lawsuits and arbitrations

Presentations and Teaching Experience

  • Presenter – Arbitration Agreements – NAPEO’s 2019 Capital Summit – Alexandria, VA (May 22, 2019)

  • Presenter – NLRB September Regulation Proposal – Joint Employment Update – Webinar (October 2018)

  • Presenter – Joint Employer Redux: NLRB Update and Other Developments – Webinar (October 4, 2018)

  • Presenter – 2018 PrismHR Conference & Training – San Antonio, TX (June 12, 2018)

  • Presenter – Ethics Session: PEO Client & Carrier Interplay – NAPEO’s 2018 Capital Summit – Alexandria, VA (May 23, 2018)

  • Presenter “Joint Employment Update” – Webinar (April 25, 2018)

  • Presenter – What’s New In PEO Legal Operations – Increased Litigation, ADR, Ban the Box – NAPEO’s 2017 Annual Conference & Marketplace – Orlando, FL (September 7, 2017)

  • Presenter – 2017 PrismHR Conference & Training – Nashville, TN (June 14, 2017)

  • Presenter – The Next Wave of EEOC Discrimination Claims: Mental Disabilities and Implicit Bias in the Workplace – NAPEO’s 2017 Capital Summit – Alexandria, VA (May 11, 2017)

  • Presenter – NAPEO’s Mid-Atlantic Leadership Council Forum – Employment Law Update (April 25, 2017)

  • Presenter – USCIS Releases New I-9 Form: What You Need to Know – Complimentary – Webinar (December 14, 2016)

  • Presenter – NAPEO’s Michigan/Mid-West Leadership Council Forum, Employment Law Update (November 10, 2016)

  • Presenter – 2016 NAPEO Annual Conference, What’s Cooking at the EEOC (September 2016)

  • Presenter – 2016 NAPEO Carolinas LCF, Employment Law Update (July 19, 2016)

Publications

  • Quoted in “Avoid a Worker’s Comp Disaster With Smart Electric Scooter Limits for Employees“, XMI Insights (June 4, 2019)

  • Contributor – Federal Government Shutdown Effect on Employers – Legal Alert (January 19, 2019)

  • Author – Developments in Arbitration Agreements – PEO Insider (November 2018)

  • Author – “PEO Start-Ups” – PEO Insider (May 2018)

  • Contributor – Employers Must Use New I-9 Form Beginning September 18, 2017 – Legal Alert (September 15, 2017)

  • Author – The EEOC Issues Guidance for Mental Health in the Workplace – PEO Insider (August 2017)

  • Contributor – USDOL Withdraws Joint Employment and Independent Contractor – Legal Alert (June 12, 2017)

  • Author – The 2017 EEOC Strategic Enforcement Plan – PEO Insider (May 2017)

  • Contributor – Fair Credit Reporting Act Background Check Issues for PEOs – PEO Insider (September 2016)

  • Contributor – Uber Cases Could Spur New Employee Classification – Legal Alert (May 6, 2016)

  • Author – New Definitions of Joint Employment: Problematic for PEOs? – PEO Insider (May 2016)

  • Contributor – Apple-Federal Government Standoff Mirrored in the Workplace – Legal Alert (March 2, 2016)

  • Contributor – Top 10 Employee Handbook Updates for 2016 – Legal Alert (February 9, 2016)

  • Contributor – Form M-1 Filings Due March 1, 2016 for MEWAs – Legal Alert (February 8, 2016)

  • Contributor – What’s on the Horizon for Employers in 2016? – Legal Alert (January 14, 2016)