Michael S. Bernick practices in the area of employment and labor law. He advises employers on issues related to employer taxes, unemployment insurance and disability insurance. In recent years, he has worked with some of the nation’s major employers, staffing companies and industry associations.
Mr. Bernick previously served for nearly five years as director of the California Employment Development Department (EDD), the 10,000-person state department of labor. As EDD director, he oversaw the administration of the state’s employer tax collection system, unemployment insurance system and disability insurance system.
Mr. Bernick is a 1979 graduate of the University of California, Berkeley, Boalt Hall School of Law. He also holds a B.Phil. from Balliol College of the University of Oxford and a B.A. from Harvard College.
Areas of Practice
Employment and Labor Law
Admissions
- California
Education
- University of California, Berkeley, School of Law, J.D., 1979
- University of Oxford, Balliol College, B.Phil., 1976
- Harvard College, B.A., 1974
Experience
Duane Morris LLP
- Special Counsel, 2018-present
Sedgwick LLP
- Counsel, 2004-2017
California Employment Development Department (EDD)
- Director, 1999-2004
Professional Activities
- Stanford School of Medicine
- Adjunct Professor in the Department of Psychiatry & Behavioral Sciences Milken Institute
- Research Fellow, Employment Programs and PolicyGrowth Sector (STEM job training/employment agency)
- Board ChairAutism Aspergers Spectrum Coalition for Education Networking and Development (AASCEND)
- Board Member and Chair of the Autism Job ClubPositive Resource Center (HIV/AIDS job training center)
- Advisory Board
Civic and Charitable Activities
Bay Area Rapid Transit (BART)
- Board of Directors, 1991-1999, Board President, 1995
Selected Publications
- Author, "The Future Of Unemployment Insurance," Forbes, February 17, 2021
- Author, "The State of Autism Employment In 2021," Forbes, January 12, 2021
- Author, "Legal Guidance for the Vaccine, Employers and Workers," Forbes, December 15, 2020
- Co-author, "New California Legislation Continues to Redefine Employees vs. Independent Contractors," Duane Morris Alert, September 10, 2020
- Quoted, "Coronavirus: Extra $600 unemployment payments will be retroactive," The OCR, April 15, 2020
- Author, "Reopening The Economy, Business Resiliency And Change," Forbes, April 13, 2020
- Quoted, "Economist, Health Expert Detail Bay Area’s Return To Normal After Pandemic," CBS SF BayArea, April 13, 2020
- Author, "Countering Layoffs, Lessons From The First Week Of The CARES Act," Forbes, April 6, 2020
- Author, "The Unprecedented Employer Subsidies This Week To Avoid Layoffs," Forbes, March 30, 2020
- Author, "Remote Work and Best Practices: The Coronavirus Workplace Series," Forbes, March 16, 2020
- Quoted, "School Closures Could Wallop Economy, Disrupt Families," San Francisco Chronicle, March 14, 2020
- Author, "The Workplace In The Time Of Coronavirus (Part I): Legal Guidelines For Navigating The Upheaval," Forbes, March 9, 2020
- Interviewed, "California Jobs Report Shows Employment Expanding," CBS San Francisco Bay Area, January 24, 2020
- Author, "Trucking Was Once A Middle Class Job; Can It Still Be?," Forbes, December 10, 2019
- Author, "The Autism City: Disability Services Arrive at the Crossroads," Forbes, October 1, 2019
Co-author, "California Passes Landmark Employment Legislation Redefining Employee Versus Independent Contractor," Duane Morris Alert, September 16, 2019
Quoted, "California’s 113-month Job Growth Ties Record Set in 1960s," Associated Press, August 16, 2019
Quoted, "Who Loses In The Case Of Dynamex? We Get An Update On Where The Legislation Stands," KPCC, August 2, 2019
Author, "Timely Insights on Poverty, Jobs and Race - From Four Decades Ago," Forbes, March 5, 2019
Author, "The Gig Economy Rapidly Evolves," Forbes, February 12, 2019
Author, "Effective Autism (Neurodiversity) Employment: A Legal Perspective," Forbes, January 15, 2019
Author, "The Autism Community Focuses on Jobs, Not Grievances," Wall Street Journal Opinion, January 6, 2019
Quoted, "Job Growth Surges By Over 300,000 in December," KVTU, January 4, 2019
Quoted, "California's Job Market Remains Hot, Despite Economic Uncertainty," Los Angeles Times, December 21, 2018
Author, "After Plant Closings: A Labor Day Story," Forbes, August 28, 2018
Author, "Udacity's Next Strategies For The Upskilling Market," Forbes, August 1, 2018
Quoted, "California Gains Just 800 Jobs in June; Unemployment Remains at Record Low," Los Angeles Times, July 20, 2018
Author, "America's Playwright', An Institutionalization, and Neurodiversity's Call Today," Forbes, June 12, 2018
Author, "How this Economic Boom May (Finally) Improve Low Wage Care Jobs," Forbes, May 22, 2018
Quoted, "California Gains More Than 39,000 Jobs; Unemployment Falls to Record Low," Los Angeles Times, May 18, 2018
Quoted, "California Loses Jobs in March," Los Angeles Times, April 20, 2018
Author, "A Look Inside an Autism-Friendly Workplace and Culture," Forbes, April 18, 2018
Author, "The Power Of The Wikimedia Movement Beyond Wikimedia," Forbes, March 28, 2018
Quoted, "California Gains 35,500 Jobs, and Unemployment Falls to Record-Low 4.4%," Los Angeles Times, March 7, 2018
Author, "Coursera's Bet on the Upskilling of American Workers," Forbes, February 21, 2018
Quoted, "U.S. Economy Creates 200,000 Jobs in January, Wages Take Off," Los Angeles Times, February 2, 2018
Quoted, "Bay Area Fuels Record State Jobless Rate," Santa Cruz Sentinel Business, January 19, 2018
Author, "Jerry Brown's Big Idea for Upskilling Workers," Forbes, January 23, 2018
Quoted, " Minimum Wage Increased In Several Bay Area Cities," CBS SF Bay Area, January 1, 2018
Selected Speaking Engagements
Speaker, “2020 Vision: Legal Issues to Watch for in the Workplace,” Duane Morris Breakfast Briefing, San Francisco, November 8, 2019
Speaker, "Establishing an Effective Neurodiversity Employment Program: Legal Issues," Webinar, August 22, 2018