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Education
Park College, B.S., 1992
Washburn University, J.D., 1997; cum laude, Washburn Law Journal
Relevant Experience
- Mr. Berner has participated in adversarial hearings in a wide range of forums on behalf of employer clients. These hearings include an OSHA trial to an OSHRC administrative law judge, several NLRB hearings, and several labor arbitrations involving issues ranging from employment terminations to contract interpretation disputes. Mr. Berner has also handled a number of state and federal court litigation matters in which he has successfully obtained dismissal of the matters prior to trial. He has also successfully mediated a number of employment cases and defended employers in workplace matters including DOL audits, EEOC investigations, OSHA inspections, and NLRB investigations. In Mr. Berner’s immigration practice he has obtained citizenship, permanent residence (green cards) and temporary work authorizations on behalf of numerous foreign individuals and involved applications with the DOL, USCIS, State Department (DOS), and various state agencies.
- In addition, Mr. Berner has assisted numerous employers in the area of union representation of their workforce. He has served as the primary spokesperson in a number of contract negotiations and has assisted numerous employers in their efforts to remain union free.
Professional Memberships, Affiliations and Honors
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Selected by peers for Best Lawyers in America® - 2010-2013 editions, in the area of Employment Law – Management, Labor Law – Management, and Litigation – Labor & Employment (2012 Woodward/White, Inc.)
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Chambers USA - in the area of Labor & Employment, 2012
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American Bar Association
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Kansas Bar Association
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Wichita Bar Association
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American Immigration Lawyers Association
Community Involvement
- Junior Achievement, Board of Directors
Issue Alerts
Articles and Publications
- The next wave of social media disputes: Who owns the account?
Kansas Employment Law Letter, 2012
- Winning the social media war
Kansas Employment Law Letter, 2012
- Kansas Employment Section
LawForChange, Lex Mundi, 2010
- When Free Isn't Free: The Employee Free Choice Act (EFCA)
Kansas Employment Law Letter, 2009
- Beginning the teen years: a review of the FMLA basics -- part 1
Kansas Employment Law Letter, 2006
- OSHA recordkeeping vs. HIPAA privacy: workplace accident in the making
Kansas Employment Law Letter, 2005
- 'Make up' grooming standards that avoid liability
Kansas Employment Law Letter, 2005
- Means of egress: What exactly does that mean?
Kansas Employment Law Letter, 2003
- Foreign Students: the journey from student to employee and stops along the way
Kansas Employment Law Letter, 2003
- Immigration law and the workplace: recruiting foreign workers
Kansas Employment Law Letter, 2001
- How final is final when arbitrator issues ruling interpreting your CBA?
Kansas Employment Law Letter, 2000
- Strectching the ADA to make something out of nothing
Kansas Employment Law Letter, Vol. 6, No. 1, 1999
- Update on current status of proposed ergonomics standard
Kansas Employment Law Letter, Vol. 6, No. 6., 1999
- Unionized employers caught between rock and hard place are set free
Kansas Employment Law Letter, Vol. 4, No. 12, 1998
- Supreme Court to decide quid pro quo requirements
Kansas Employment Law Letter, Vol. 5, No. 2, 1998
- Recent news and notes from OSHA`
Kansas Employment Law Letter, Vol. 5, No. 2, 1998
- Should bonuses be included in determining overtime?
Kansas Employment Law Letter, Vol. 5, No. 6, 1998
- An ounce of prevention: OSHA offers guidance on emergency response plans
Kansas Employment Law Letter, Vol. 5, No. 6, 1998
- Is your company complying with the Equal Pay Act?
Kansas Employment Law Letter, Vol. 5, No 7, 1998
Presentations
- Authorized or Not? Current Trends Related to Work Authorization and Immigration Law
Foulston Siefkin Employment Law Seminar, 2012.
- Workplace Policies Workshop
Foulston Siefkin, 2012.
- Avoiding Harassment Claims
Foulston Siefkin HR Box Lunch Fall Series, 2012.
- Key Considerations in the Hiring Process
Foulston Siefkin HR Box Lunch Fall Series, 2012.
- OSHA Compliance
Foulston Siefkin OSHA Workshop, Overland Park, 2011.
- Workplace Staffing Issues: Hiring, Evaluating, Disciplining, and Discharging (HR Basics)
Foulston Siefkin, 2010.
Employment Law Seminar - Wichita.
- OSHA Compliance
Foulston Siefkin OSHA Workshop, Wichita, 2010.
- Immigration, Deemed Exports, and Other Employment-Related Issues that Sponsors and Principal Investigators Need to Understand
Foulston Siefkin Regional Bioscience Law Conference, 2010.
- The Employee Free Choice Act "EFCA"
Kansas Manufacturers Network, 2009.
- The Brave New World of Employment and Labor Law: Immigration Update
Foulston Siefkin Employment Law Seminar, 2009.
- The Brave New World of Employment and Labor Law: The Employee Free Choice Act
Foulston Siefkin Employment Law Seminar, 2009.
- HR 101: Intro to Employment Law
Foulston Siefkin Employment Law Seminar, 2008.
- The Latest in Immigration Law
Foulston Siefkin Employment Law Seminar, 2008.
- Immigration-Untapped Source of Employees?
Health Law Institute, 2008.
- Union Avoidance: Maintaining a Union Free Workplace
Foulston Siefkin HR Box Lunch Workshop Series, 2008.
- Documenting Discipline and Discharge
Foulston Siefkin, 2007.
Employment Law Seminar.
- Return to Work: The FMLA, ADA, and Work Comp Puzzle
Foulston Siefkin HR Box Lunch Workshop Series, 2007.
- Immigration Law: USA Alphabet Soup
Foulston Siefkin HR Box Lunch Workshop Series, 2007.
- Immigration: Employment Authorization and the I-9
Foulston Siefkin HR Box Lunch Workshop Series, 2007.
- Immigration: Employment (Not Border Control)
Foulston Siefkin, 2006.
Kansas Health Law Institute.
- HR 101 and HR 102
Foulston Siefkin, 2006.
Employment and Labor Law Seminar.
- HR 102: FMLA and ADA Issues
Foulston Siefkin Employment and Labor Law Seminar, 2006.
- HR 101: Managing Employees
Foulston Siefkin Employment and Labor Law Seminar, 2006.
- How to Properly Conduct Discipline and Employee Terminations
Foulston Siefkin, 2006.
HR Box Lunch Workshop Series.
- How to Conduct a Workplace Investigation
Foulston Siefkin, 2006.
HR Box Lunch Workshop Series.
- How to Properly Hire New Employees
Foulston Siefkin, 2006.
HR Box Lunch Workshop Series.
- Privacy Issues in the Workplace
Foulston Siefkin Employment & Labor Law Seminar, 2005.
- Employment Law Update
Foulston Siefkin, 2004.
Kansas Health Law Institute.
- Employment Law Update: Current Developments
Foulston Siefkin Kansas Health Law Institute, 2004.
- Labor Update/Immigration
Foulston Siefkin LLP, 2001.
Annual Employment & Labor Law Seminar.
- Conducting Workplace Investigations
Foulston Siefkin LLP, 2000.
Annual Employment & Labor Law Seminar.
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