- J.D., University of California, Los Angeles, 2007, Order of the Coif
- B.A., University of Arizona, 2004, cum laude
- U.S. District Court for the Central, Eastern, Northern, and Southern Districts of California
- Ninth Circuit Court of Appeals
Mr. Berkowitz is a senior associate in the Labor & Employment Practice Group in the firm's Century City office.
Areas of Practice
Mr. Berkowitz' practice involves representing employers in all aspects of labor and employment litigation in defense of complaints for class action and single-plaintiff matters. He has successfully litigated and obtained summary judgment, as well as favorably resolved cases involving allegations of sexual harassment, age, race, gender, national origin, and disability discrimination, and claims of wrongful termination, harassment, and retaliation. Mr. Berkowitz has extensive experience with wage and hour matters involving claims relating to overtime, meal and rest breaks, misclassification, violations of the Los Angeles Living Wage Ordinance, and improper wage statements.
Mr. Berkowitz has handled all aspects of civil litigation defense from case inception through trial. He has successfully argued motions, drafted motions for summary judgment and oppositions to class certification, defended depositions, taken depositions of both putative class members and named plaintiffs, conducted witness interviews, and prepared witnesses for deposition.
Mr. Berkowitz provides clients with practical advice on a wide range of day-to-day traditional labor and employment law issues, including establishing effective human-resource policies and complying with federal and state laws, such as those relating to wage-and-hour issues, disability and family/medical leave laws, and the discipline and termination processes.
Mr. Berkowitz also has experience representing management in traditional labor law issues, including representing clients in organizing campaigns and unfair labor practice proceedings before the National Labor Relations Board.
Mr. Berkowitz works with clients in numerous industries, including financial services, insurance, retail, healthcare, hospitality, restaurant, and education.
- Southern California Rising Star, Super Lawyers, 2013-2016
- Balboa Life & Casualty, LLC, et al. adv. Zamora, et al., BC360026 (Los Angeles Superior Court) (alleged meal period and rest break violations, waiting time penalties)
- Bank of America, N.A., et al. adv. Zamora, et al., BC464365 (Los Angeles Superior Court) (alleged denial of opportunity to copy or inspect putative class members’ personnel files and wage and time records)
- Countrywide Financial Corporation adv. Abhyankar, JAMS Case No. 1220036579 (JAMS Arbitration) (alleged Labor Code violations for misclassification of exempt employees based on violation of salary-basis test because of jury duty policy)
- Countrywide Financial Corporation, et al. adv. Lew, et al., CV-01993-SC (USDC N.D. Cal. (alleged Labor Code violations for alleged unpaid wages, improper wage statements, meal/rest break violations, and untimely payment of final wages)
- Countrywide Insurance Services, Inc. adv. Tollefsen, 56-2008-00332381 (Ventura Superior Court) (failure to provide meal periods and defective wage statements for non-exempt employees)
- Cox Communications, Inc. v. Camia, SACV12-1380 CJC (JPRx) (alleged "off-the-clock" work for non-exempt cable company field technicians)
- Destination Media, Inc. v. Outcast, Inc., CV-10-6273 RGK (AJWx) (USDC C.D. Cal.) (alleged trade secret violations)
- General Motors Financial Company, Inc., et al. v. Nemeth, et al., CV12-02761 DMG (CWx) (USDC C.D. Cal.) (alleged misclassification of auto finance company credit analysis)
- HomeServices Lending, LLC adv. Buchanan, 3:11-cv-00922-L-MDD (USDC S.D. Cal.) (alleged deductions for business losses and expense reimbursement for loan officers of Wells Fargo joint venture)
- Kaiser adv. Brown, BC489643 (LASC) (alleged failure to include non-discretionary bonus payments in the regular rate of pay)
- Kaiser adv. Lemmons, 34-2012-00125488 (Sacramento Superior Court) (failure to pay for alleged controlled-standby for site support specialists)
- Manheim Investments, Inc. adv. Ibarra, 12-cv-00318 (USDC S.D. Cal.) (failure to provide meal and rest periods and off-the-clock work for non-exempt auto action employees)
- Superior Grocers adv. Acevedo, BC504487 (LASC) (challenge to time rounding practices)
- Valero Refining Company adv. Wulfe, 12-cv-05971 (USDC Central District (alleged off-the-clock work and missed meal periods and rest breaks for non-exempt oil refinery employees)
- Wells Fargo Bank, N.A. adv. Macey, et al., CFC 10-501835 (San Francisco Superior Court) (alleged deductions from commissions for "trust losses" and reimbursement of loan officer expenses)
Labor and Employment Law Blog Posts
- "Governor Brown Signs Bill Clarifying Wage Statement Requirements for Exempt Employees," July 28, 2016
- "NLRB Broadens its Test for Determining Joint-Employer Status," September 4, 2015
- "Passage of Increase in California’s Minimum Wage Could Impact More Than Just Hourly, Minimum Wage Workers," September 27, 2013
- "California Court of Appeal Issues Favorable Decision Allowing For Explicit Mutual Wage Agreements For Non-Exempt Employees", February 10, 2011