Peter F. Berk is Counsel in the Firm's Newark, NJ office and is a member of the Employment Law & Litigation Practice Group. 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.
Mr. Berk counsels employers on a wide range of human resource issues, including drafting of employment contracts, restrictive covenants and severance agreements. He has been an Investigator on the Supreme Court of New Jersey District V-B Ethics Committee from 2014 to present.
- 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.
A Rising Star, Employment and Labor Law, 2006 to 2015, New Jersey Monthly Magazine and Super Lawyers, 2006 to 2015.