Alex Berg

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.