Matthew C. Berger

Associate

New York
T +1.212.589.4266
F +1.212.589.4201

Overview

Matthew Berger advises employers and management in all areas of labor relations and employment law across many industries, with significant experience in the hospitality industry. He also counsels early and mid-stage startup companies on all aspects of labor and employment issues, providing creative guidance on developing and following best practices in order to mitigate the risk of employment litigation.

Matthew represents clients in matters involving wage disputes and claims of discrimination, retaliation, harassment and failure to accommodate disabilities under federal, state and local law, as well as disputes involving breach of employment contracts, restrictive covenants and employee separations. He also advises clients on compliance with federal, state and local laws regarding hiring, discipline and termination. He works closely with clients to draft and revise employee handbooks, employment agreements and other employment-related documents, such as non-disclosure, restrictive covenant and separation agreements. Matthew also conducts antidiscrimination and harassment training to ensure compliance with applicable state and local laws. 

Select Experience

  • Advises clients, including early/mid-stage start-up companies and hospitality industry employers, on a wide variety of employment issues, including preparation and review of offer letters, executive employment agreements, non-disclosure and restrictive covenant agreements, handbooks, separation agreements, wage and hour advice, terminations, leaves of absence, internal harassment and discrimination investigations and worker classification assessments.
  • Counsels employers on compliance with federal, state and local employment laws.
  • Represents employers and management in employment matters in federal and state courts, before federal, state and local administrative agencies and in private mediations.
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Experience

  • Advises clients, including early/mid-stage start-up companies and hospitality industry employers, on a wide variety of employment issues, including preparation and review of offer letters, executive employment agreements, non-disclosure and restrictive covenant agreements, handbooks, separation agreements, wage and hour advice, terminations, leaves of absence, internal harassment and discrimination investigations and worker classification assessments.
  • Counsels employers on compliance with federal, state and local employment laws.
  • Represents employers and management in employment matters in federal and state courts, before federal, state and local administrative agencies and in private mediations.
  • Defends clients against individual plaintiff and class/collective wage and hour actions under the FLSA and NYLL, and advises employers on wage and hour compliance, including issues involving overtime exemptions, employee classification, tip pooling/tip credits and payroll and record-keeping practices.
  • Represents clients throughout all aspects of the litigation process, including drafting pleadings and dispositive motions, preparing discovery and attending court appearances.

Recognitions and Memberships

Memberships

  • New York City Bar Association

Prior Positions

  • U.S. Court of Appeals for the Second Circuit, Staff Attorney's Office: Law Clerk (2012 to 2014)

Admissions

  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • New York
  • New Jersey

Education

  • J.D., Hofstra University School of Law, 2012; Journal of International Business and Law, Senior Notes and Comments Editor (Vol. XI)
  • B.S., Lehigh University, 2009

Blog

In The Blogs

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Employment Law Spotlight
The EEOC Issues Updated Guidance on Workplace COVID-19 Testing
By Matthew C. Berger
July 14, 2022
Until recently, employers had broad discretion to determine whether their employees were required to take COVID-19 tests prior to entering the workplace. However, newly released guidance from the U.S. Equal Employment Opportunity...
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