Steven M. Bernstein: Lawyer with Fisher & Phillips LLP

Steven M. Bernstein

Managing Partner
Tampa,  FL  U.S.A.
Phone(813) 769-7513

Peer Rating
AV® Preeminent

Client Rating

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Practice Areas

  • Labor and Employment
  • Americans with Disabilities Act - ADA
  • Family and Medical Leave Act - FMLA
  • Worker Adjustment and Retraining Notification Act - WARN
  • National Labor Relations Board - NLRB
  • Uniformed Services Employment and Reemployment Rights Act - USERRA
  • Union Campaigns
University Cornell University School of Industrial and Labor Relations, Ithaca, NY, B.S., 1987
Law SchoolUniversity of Florida College of Law, Gainesville, FL, J.D., with honors, 1990
AdmittedFlorida; Georgia; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the Sixth Circuit; Georgia Court of Appeals; U.S. Court of Appeals for the Eleventh Circuit; U.S. District Court for the Middle District of Florida; U.S. District Court for the Northern District of Georgia; Georgia Supreme Court; U.S. Court of Appeals for the Seventh Circuit

Professional Activities

President, Academy of Florida Management Attorneys
Policy Co-Chair, Tampa Chamber of Commerce
Co-Chair to the Labor & Employment Section of the Hillsborough Bar Association
Member, ABA Committee on Federal Labor Standards Legislation, Subcommittee on USERRA.
Member, Suncoast Automotive Accountants Association
Chief Editor, Florida Employment Law Manual


Steve Bernstein is managing partner of the firm's Tampa office. He also serves as a Chair of the firm's Associate Development and Retention Committee.

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, the U.S. Department of Labor, the Equal Employment Opportunity Commission, 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 WARN Act, USERRA, the FMLA, and the 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.

Previously, Steve worked for the International Brotherhood of Teamsters and with the Minority Staff of the U.S. Senate Labor Committee.


Named Outstanding Labor and Employment Law School Student by the Labor and Employment Law Section of the Florida Bar
Listed by the Labor Relations Institute (LRI) as one of the Top 100 Labor Attorneys in the U.S. since 2006
AV Peer Review Rated by Martindale-Hubbell
Listed in Chambers USA, America's Leading Lawyers for Business since 2011
Selected for inclusion in The Best Lawyers in America since 2012 and Florida Super Lawyers since 2012
Named one of the People to Know in Tampa/Hillsborough County by Florida Trend in 2014


Protect Yourself from a Protest
December 10, 2014

Is a New NLRB Sheriff Coming to Town?
September 10, 2013

NLRB: How Senate Compromise Could Adversely Affect Employers
August 7, 2013

The NLRB's New Focus: Non-Union Employers
July 1, 2013

Labor Organizing Changes Should Trigger Internal Policy Review
March 28, 2012

Latest NMB Rulemaking - Shape Of Things To Come?
November 18, 2009

Containing Your Workers' Compensation Costs: Construction Workers' Compensation
July 24, 2007

State Efforts to Reduce Unfunded Liability by Limiting Collective Bargaining - The Shape of Things to Come?
Aspatore Special Report, The Impact of Limiting Collective Bargaining Rights, An In-Depth Look at the Pros and Cons of State Efforts to Restrict Collective Bargaining Rights

The NLRB's Boeing Dreamliner Complaint: A Tangled Web of Legal and Political Controversy
The Air & Space Lawyer - Volume 21, Number 2

Legal Alerts
NLRB Finalizes Quickie Election Rules for April Implementation
December 12, 2014

Florida Minimum Wage Rising To $8.05
December 2, 2014

Supreme Court Strikes Down NLRB Recess Appointments
June 26, 2014

It's Back - NLRB Revives Quickie Election Rule That May Soon Be Here to Stay
February 5, 2014

NLRB Issues Landmark Decision for Auto Dealers
June 8, 2005

Quotes and Soundbites
5 States That Could Be The Next 'Right To Work' Hot Spots
March 10, 2015

NLRB GC Changes Arbitration Rules for Employers, Unions
February 23, 2015

Bill Would Add Sixth Member to NLRB
January 30, 2015

NLRB's Email Ruling Stands Out From Year-End Flurry
January 21, 2015

A GOP Effect on the NLRB?
January 7, 2015

Company Phones Now a Union Tool
December 16, 2014

NLRB 'Purple' Ruling May Leave Employers Feeling Blue
December 15, 2014

Twin NLRB Rulings Are A Big Christmas Present For Labor
December 12, 2014

NLRB Rules to Give Workers Right to Use Employer Email for Union Organizing
December 11, 2014

Lawyers Weigh In On NLRB Employer Email Ruling
December 11, 2014

Union Influence Takes Blow As Walker Holds Seat In Wisconsin
November 5, 2014

For Once, NLRB Rejects Online Protected Activity
October 31, 2014

NLRB Stance On 'Micro-Units' Sets Up Food Industry Fights
August 18, 2014

How Employers Can Fight 'Micro-Units' At The NLRB
August 5, 2014

NLRB Boosts 'Micro Units' With Macy's Decision
July 29, 2014

Can You Care For An Elderly Parent And Still Succeed At Work?
July 24, 2014

Employment Regs To Watch In The 2nd Half of 2014
July 18, 2014

Obama Loses On NLRB Recess Appointments, But Employers Unlikely To Win
June 26, 2014

President's Recess-Appointment Power Cut By U.S. High Court
June 26, 2014

U.S. Supreme Court Ruling Seen Unlikely To Alter Past NLRB Decisions
June 26, 2014

Supreme Court Rules Obama's 2012 NLRB Recess Appointments Invalid
June 26, 2014

Lawyers Weigh In On High Court's Recess Appointment Ruling
June 26, 2014

Steve Bernstein Offers Insight In Arsovski v. 200 East 81st Restaurant Corp. Case
May 13, 2014

NLRB Invites Input On Using Employers' E-mail For Organizing
May 12, 2014

NLRB to Review Northwestern's Appeal Of Student-Athletes' Union Decision
April 25, 2014

5 Issues To Watch At The NLRB Election Rule Meetings
April 9, 2014

Fisher & Phillips Attorneys Offer Insight On Northwestern Football Ruling
March 28, 2014

Employers Brace For An Invigorated NLRB
February 25, 2014

After Rejecting UAW, VW Workers May Still Get Works Council
February 19, 2014

VW Workers May Still Get Works Council, Despite UAW Vote
February 18, 2014

Revamping The 'Advice Exemption'
February 11, 2014

NLRB Revives Union Election Ideas In Proposed Rules
February 10, 2014

Obama Labor Board Revives Speedy Vote Rule Employers Fought
February 5, 2014

NLRB Advances Pro-Labor Agenda
February 1, 2014

Experts: High Court Will Probably Rule NLRB Appointments Unconstitutional
January 15, 2014

Board Could Resuscitate 'Quickie Election' Rule
January 15, 2014

Supreme Court Case Has Big Implications For National Labor Relations Board
January 14, 2014

Year's Biggest Labor Case Heads To Justices For Oral Args
January 10, 2014

No Need To Hang That NLRB Employee Rights Poster
January 8, 2014

Law Firms Brace For Final DOL Persuader Rules
October 31, 2013

Newly Confirmed Labor Board Faces Challenges as it Seeks to Extend Union Rights
September 27, 2013

Employee Handbooks: Feds' New Hunting Grounds
August 8, 2013

NLRB: Back in Business
July 31, 2013

Persuader Predicament
July 15, 2013

High Court Case Will Shake Up 'Top-Down' Union Organizing
June 25, 2013

Labor Board in Limbo
June 3, 2013

Five Questions To Ask Before Axing Workers For Facebook Posts
April 29, 2013

Right To Work Law Could Put Michigan Back On The Business Map
December 11, 2012

Social Media Changing The Rules Of Workplace
November 30, 2012

Beware Nonunion Employers: NLRB May Knock At Your Door
November 12, 2012

5 Tips For A Social Media Policy That Won't Rile The NLRB
October 22, 2012

The NLRB Flexes its Muscles
August 1, 2012

Caution Urged For Criminal Checks In Hiring
May 4, 2012

Misclassification a Hot Topic As Economy Sputters, Law Changes
December 2, 2011

Newsletter Articles
When Is A Union Not A Union? When It's A Worker Center.
December 3, 2013

Reintegrating Your Workplace Warriors
February 1, 2013

Responding To The (New) NLRB
April 2, 2012

Political Drama In New Hampshire
June 1, 2011

Summer's Here And Dress Codes Are Feeling The Heat
June 1, 2010

PDA After Hours
December 1, 2009

With Or Without EFCA, Labor Reform Is Coming
November 1, 2009


Expedited Union Elections, Enhanced E-Mail Protections and Other New NLRB Developments - Is Your Organization Ready?
January 22, 2015

Employment Law Updates and Forecasts
March 10, 2014

Labor Law Developments
March 10, 2014

When Our Soldiers Come Marching Home - Reintegrating Returning Veterans Into the Workforce - Webinar
May 9, 2013

Update on the Obama Board's Decisions and What to Expect
May 6, 2013

Fisher & Phillips Hosts the 2013 Tampa Best Places to Work Awards
April 18, 2013

Labor Law Developments - The American Forest & Paper Association - March 7, 2014.

Co-Chair - South Florida's Premier Labor & Employment Conference - The Seminar Group - Ft. Lauderdale, FL - September 20-21, 2012

“Update on Recent NLRB Developments - National Association of Professional Employer Organizations -Washington, D.C. - May 22, 2012

“Dealing with the Latest Developments at the NLRB - Webinar - Associated Builders & Contractors, Florida East Coast Chapter - April 19, 2012

“Winning Unemployment Compensation Cases” -Florida Beer Wholesalers Association - Orlando, FL - April 18, 2012

“New Regulatory Developments Impacting Union Organizing, Social Media and Background Checks” - National Association of Convenience Stores H.R. Forum - Orlando, FL - March 6, 2012

“What Every Employer Needs to Know About the NLRB “ - Association of Corporate Counsel, Orlando Chapter- Orlando, FL - February 16, 2012

“Keeping Your Company One Step Ahead with HR Regulations” - National Association of Convenience Stores Annual Meeting - Chicago, IL - October 1, 2011

“Implementing a Strategy to Maintain an Independent Workforce” - Inside Counsel 3rd Annual Labor Symposium - Chicago, IL - October 5, 2011

Co-Chair - South Florida's Premier Labor & Employment Conference - The Seminar Group - Miami, FL - September 21-22, 2011

“Containing the Cost of Workers' Compensation” - HR Florida - August 28, 2011

“FLSA Overtime Exemption for Service Writers: Fact vs. Fiction” - Suncoast Automotive Accountants Association - Tampa, FL - May 23, 2011

“A Proactive Strategy for Lawful But Effective Discipline and Discharge” - Association of Legal Administrators - Tampa, FL - May 11, 2011

“Legislative Update, Unions and the New NLRB” - National Association of Convenience Stores H.R. Forum - Atlanta, GA - March 8, 2011


Member of Executive Committee and Legal Counsel for Greater Tampa Chamber of Commerce
Co-Chair of the Development Committee for The University of Tampa Board of Fellows
Vice-Chair of the Center for Autism and Related Disabilities

Reported CasesRepresentative Work; Federal Judge Denies NLRB Petition for Section 10(j) Relief Against Dealership

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NLRB Finalizes Quickie Election Rules for April Implementation
Steven M. Bernstein, February 4, 2015
The National Labor Relations Board (NLRB) has finally implemented its long awaited “quickie election” rules, which will speed up union elections while requiring employers to turn over personal email addresses and telephone numbers. A substantially identical rule was issued by the Board...

Florida Minimum Wage Rising To $8.05
Steven M. Bernstein,David A. Buchsbaum, February 3, 2015
On January 1, 2015, the minimum wage for employees working in Florida rises to $8.05 per hour. This represents an hourly increase of $0.12 over the current Florida minimum wage. The increase is tied to the rate of inflation over the prior year.

Supreme Court Strikes Down NLRB Recess Appointments
Steven M. Bernstein, July 10, 2014
Dealing the agency its second major setback on the legitimacy of its quorum, the Supreme Court has invalidated a trio of recess appointments made to the NLRB back in January of 2012. Moments ago, the Court handed down its landmark decision in NLRB v. Noel Canning, upholding a challenge to the...

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Office Information

Steven M. Bernstein

101 East Kennedy Boulevard
TampaFL 33602


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