Steven M. Bernstein: Lawyer with Fisher & Phillips LLP

Steven M. Bernstein

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

Peer Rating
AV® Preeminent

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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
Vice President, Academy of Florida Management Attorneys
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 a partner in the 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 inChambers USA, America's Leading Lawyers for Businesssince 2011
Selected for inclusion inThe Best Lawyers in Americasince 2012 andFlorida Super Lawyerssince 2012

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

Quotes and Soundbites
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


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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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...

It's Back - NLRB Revives Quickie Election Rule That May Soon Be Here to Stay
Steven M. Bernstein, February 14, 2014
The National Labor Relations Board has just announced that the agency would be reissuing its proposed “quickie election” amendments to rules governing representation case procedures. The news came in the form of a press release, describing plans to publish a formal Notice of Proposed...

When Is A Union Not A Union? When It's a "Worker Center.”
Steven M. Bernstein, December 6, 2013
In recent weeks, the fast-food industry has fallen prey to coordinated demonstrations by a number of loosely affiliated groups, rallying around wages, benefits and other conditions. The strategy invoked by these so-called "worker centers" (or "alt-unions") is not altogether new,...

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Office Information

Steven M. Bernstein

401 East Jackson Street
TampaFL 33602


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