Michael S. Bernick
Special Counsel
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Phone: +1 415 957 3147
Fax: +1 415 276 9369
- Duane Morris LLP
Spear Tower
One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
USA
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, "Getting Workers Back To Work: Now!" Forbes, May 4, 2022
- Author, "The Autistic Savant And The Work World," Forbes, March 9, 2022
- Author, "Is Your Company Inclusive of Neurodivergent Employees?" Harvard Business Review, February 16, 2022
- Author, "Autism Employment Strategies In 2022: Coffee Is For Closers," Forbes, February 9, 2022
- Author, "What California’s Most Celebrated Writer Got Wrong About Capitalism Today And The Middle Classes," Forbes.com, January 19, 2022
- Author, "The Craft Of The Homeless Job Counselor," Forbes.com, January 5, 2022
- Author, "Professor Sandel, Robert Reich, And The Tyranny Of Hypocrisy," Forbes, November 30, 2021
- Author, "The Great Resignation: Ignore The Commentators, Watch This Movie," Forbes, November 2, 2021
- Author, "Americans With Autism Have Never Had More Support — Except When It Comes to Employment," Politico, October 4, 2021
- Author, "The End Of Federal Unemployment Benefits, And The Return To Work," Forbes, September 8, 2021
- 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
- Author, "Reopening The Economy, Business Resiliency And Change," Forbes, 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
- Author, "The Workplace In The Time Of Coronavirus (Part I): Legal Guidelines For Navigating The Upheaval," Forbes, March 9, 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
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
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
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
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
Author, "Coursera's Bet on the Upskilling of American Workers," Forbes, February 21, 2018
Author, "Jerry Brown's Big Idea for Upskilling Workers," Forbes, January 23, 2018
Media Hits
- Quoted, "California Unemployment Rate Holds amid Inflation Worries," Associated Press, March 11, 2022
- Quoted, "Uncertainty Reigns Over Effect Of Russia-Ukraine War on Bay Area, U.S. Economy," CBS 5 KPIX, February 24, 2022
- Quoted, "Two Years On, Employment Still Below Pre-Pandemic Peak," CBS 5 KPIX, January 21, 2022
- Quoted, "California Jobless Rate Dips Half-percentage Point to 6.5%," Associated Press International, January 21, 2022
- Quoted, "These are the jobs Bay Area employers are having the hardest time filling," San Francisco Chronicle, January 18, 2022
- Quoted, "Omicron Threatens to Slow California's Job Recovery," Fox 2 KTVU, December 19, 2021
- Quoted, "California Jobless Rate Below 7%; 1st Time Since March 2020," Associated Press Financial Wire, December 17, 2021
- Quoted, "California's Unemployment Rate Falls, But Remains Tied With Nevada as Nation's Highest," Newsweek, November 19, 2021
- Quoted, "More Than 2,000 Kaiser Pharmacists Plan to Strike This Month," Fox 2 WTVU, November 7, 2021
- Quoted, "Hotel Workers March for Return to Work," San Francisco Chronicle, October 31, 2021
- Quoted, "California Hiring Slows in September; Jobless Rate at 7.5%," AP, October 22, 2021
- Quoted, "Oil Faces Complicated Future in California," Newstext Blogs CalMatters, October 22, 2021
- Quoted, "Millions of Capable Workers Are Choosing Not to Participate in the Labor Force," Fox 2 KTVU, October 17, 2021
- Quoted, "Job Fair At Valley Fair Mall Sees Few Applicants As Holidays Loom," CBS5 KPIX San Francisco, September 30, 2021
- Quoted, "After More than a Year of Hassles, East Bay Roofer Gets EDD Backpay with One Well-placed Phone Call," KTVU Fox 2 TV, September 28, 2021
- Quoted, "Start of School Year Fuels California Job Growth in August," AP News, September 17, 2021
- Quoted, "More than 2 Million Californians Set to Lose Unemployment Benefits," CalMatters, September 3, 2021
- Quoted, "COVID: As Bay Area Workplaces Reopen, Return To Offices Already Posing Legal Questions," CBS SF Bay Area, May 3, 2021
- Quoted, "Coronavirus: Extra $600 unemployment payments will be retroactive," The OCR, April 15, 2020
- Quoted, "Economist, Health Expert Detail Bay Area’s Return To Normal After Pandemic," CBS SF BayArea, April 13, 2020
- Quoted, "School Closures Could Wallop Economy, Disrupt Families," San Francisco Chronicle, March 14, 2020
- Interviewed, "California Jobs Report Shows Employment Expanding," CBS San Francisco Bay Area, January 24, 2020
- 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
- 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
- Quoted, "California Gains Just 800 Jobs in June; Unemployment Remains at Record Low," Los Angeles Times, July 20, 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
- Quoted, "California Gains 35,500 Jobs, and Unemployment Falls to Record-Low 4.4%," Los Angeles Times, March 7, 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
- Quoted, " Minimum Wage Increased In Several Bay Area Cities," CBS SF Bay Area, January 1, 2018
Selected Speaking Engagements
- Speaker, "Establishing an Effective Neurodiversity Employment Program: Legal Issues in 2022 and Best Practices," Duane Morris LLP Webinar, June 1, 2022
- Presenter, "Reopening in California and the Post-Pandemic Workplace: Recent Developments and Emerging Challenges in Employment and Immigration," Duane Morris LLP, Webinar, April 29, 2021
- 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