Peter F. Berk, Counsel specializes in Wage & Hour Compliance & Dispute Resolution and Employment Law & Litigation. He represents employers in a broad range of employment law litigation matters in state and federal courts, including claims involving discrimination, harassment, wrongful termination, whistleblowing, wage and hour laws, employment-related torts, violations of restricted covenants, unfair competition, theft and disclosure of trade secrets.
As a leader in Wage & Hour Compliance and Dispute Resolution, Mr. Berk assists clients in proactively addressing wage and hour issues before a government investigation or litigation is commenced. He counsels management and human resources to audit existing pay practices and to design policies and pay practices that reduce exposure for wage and hour claims. Mr. Berk also represents clients when wage and hour claims are filed against them in court or with an agency
In the area of the Employment Law & Litigation, he represents employers in a broad range of employment law litigation matters in state and federal courts, including claims involving discrimination, harassment, wrongful termination, whistleblowing, employment-related torts, violations of restricted covenants, unfair competition, theft and disclosure of trade secrets Mr. Berk also counsels employers on a wide range of human resource issues, including drafting of employment contracts, restrictive covenants and severance agreements.
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- Successfully litigated and obtained summary judgment dismissing a complaint brought by 88 police officers against a municipality under the Fair Labor Standards Act (FLSA). The dismissal was affirmed by the Third Circuit Court of Appeals in a published opinion that addressed, as a matter of first impression, the manner by which a municipality can qualify for the partial overtime exemption applicable to law enforcement personnel and whether the donning and doffing of police uniforms is compensable under the FLSA.
- On behalf of the operator of a major entertainment venue, obtained summary judgment of two former employees’ claims of race discrimination under the New Jersey Law Against Discrimination.
- Successfully defended a national retail pharmacy chain in an age and sex discrimination lawsuit brought by a former employee in Hudson County. Following a two-week trial, the jury returned a no-cause verdict.
- On behalf of a global snack food company, won a Motion to Dismiss that dismissed plaintiff’s complaint alleging disability discrimination claims.
- On behalf of a national pharmacy chain, successfully litigated and obtained summary judgment on plaintiff’s complaint that alleged several violations of the Conscientious Employee Protection Act.
- Listed as A Rising Star, Employment and Labor Law, 2006 to 2015, New Jersey Monthly Magazine® and Super Lawyers®, 2006 to 2015.
* No aspect of these advertisements have been approved by the Supreme Court of New Jersey. See Awards/Honors Methodology.