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Brian L. Lerner

Chair, Labor & Employment
 

Brian L. Lerner is a Board Certified Specialist in Labor and Employment Law—one of approximately 200 attorneys in Florida to hold that designation from The Florida Bar. He is ranked in Band 3 by Chambers USA, recognized annually among Florida's Top 100 Super Lawyers, and was named 2023 Lawyer of the Year in Litigation – Labor and Employment by Best Lawyers in America. He holds an AV Preeminent rating from Martindale-Hubbell.

Brian represents both employers and employees at every stage of litigation: administrative proceedings before the EEOC and other agencies, bench and jury trials in state and federal courts, AAA and other arbitrations, and appellate proceedings. He has tried cases to verdict in Florida and in jurisdictions across the country, and has handled matters in London, Vienna, Buenos Aires, and Tokyo.

His practice covers the full spectrum of employment disputes, including discrimination, harassment, retaliation, and whistleblower claims; FMLA and ADA matters; FLSA collective and class actions for unpaid wages and overtime; and contract litigation involving non-compete, non-solicitation, confidentiality, and trade secret agreements. Brian also regularly counsels employers on day-to-day workplace issues, conducts internal investigations, performs employment audits, and advises on reductions in force.

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Representative Experience

  • Obtained summary judgment on discrimination, harassment, and breach of contract claims, and a directed verdict at trial on a retaliation claim, for an international hotel operator in what may be among the first transgender employment trials in Florida.

  • Secured a jury verdict following a seven-day federal trial in an FLSA independent contractor misclassification case, after also obtaining partial summary judgment.

  • Won a significant jury verdict and permanent injunctive relief for a pro bono client in a five-day federal trial against the U.S. Department of Homeland Security on disability discrimination and retaliation claims. The case was named Most Effective Lawyers Pro Bono Case of the Year by the Daily Business Review.

  • Obtained partial summary judgment and a full defense arbitration award following a five-day AAA hearing for a national mortgage institution and three executives on claims of sexual harassment, retaliation, breach of contract, defamation, and tortious interference.

  • Represented an international financial institution in a two-week state court bench trial in which a former officer sought statutory indemnification for millions in criminal defense costs related to money laundering charges.

  • Obtained summary judgment, affirmed on appeal, for an international media company in a race discrimination and retaliation case brought by a former employee.

  • Represented retail, construction, hospitality, and travel-industry clients in FLSA collective and class actions brought by former employees and the Department of Labor.

  • Routinely represent employers in defending employment claims in arbitration before the American Arbitration Association (AAA), JAMS, and other arbitration associations.

Honors & Recognitions
 

  • Board Certified Specialist, Labor and Employment Law, THE FLORIDA BAR

  • AV Preeminent®, MARTINDALE-HUBBELL

  • Band 3, Labor and Employment: Florida, CHAMBERS USA, 2010-2025

  • Top 100, FLORIDA SUPER LAWYERS, 2024

  • Top Lawyer, FLORIDA SUPER LAWYERS, 2015-2025

  • Top 100, MIAMI SUPER LAWYERS, 2018-19, 2021-2025

  • Tier 1, Litigation-Labor and Employment-Fort Lauderdale, BEST LAW FIRMS, 14th Edition (2023-2025)

  • Tier 1, Employment Law-Management-Fort Lauderdale, BEST LAW FIRMS, 14th Edition (2023-2025)

  • Tier 1, Employment Law-Individuals-Fort Lauderdale, BEST LAW FIRMS, 14th Edition (2023-2025)

  • 2023 Lawyer of the Year, Litigation-Labor and Employment, THE BEST LAWYERS IN AMERICA, 30th Edition (2023)

  • Litigation-Labor and Employment, THE BEST LAWYERS IN AMERICA, 28th-30th Edition (2021-2023)

  • Employment Law-Individuals, THE BEST LAWYERS IN AMERICA, 28th-30th Edition (2021-2023)

  • Employment Law-Individuals, THE BEST LAWYERS IN AMERICA, 28th-30th Edition (2021-2023)

  • Florida Legal Elite, Labor and Employment, FLORIDA TREND, 2014-2022

  • Top Lawyer, Labor and Employment, SOUTH FLORIDA LEGAL GUIDE, 2014-2022

  • South Florida Top Rated Lawyers, LEGAL LEADERS, 2019

  • Abogados Destacados del Sur de la Florida - Laboral y Empleo, REVISTAS ABOGADOS, 2013

  • Rising Star, FLORIDA SUPER LAWYERS, 2009

  • Top Up and Comer, SOUTH FLORIDA LEGAL GUIDE, 2009-2012

  • Florida Legal Elite Up and Comer, FLORIDA TREND, 2008

  • Lawyer of the Month, LAWYERS TO THE RESCUE, June 2010

  • Most Effective Lawyers, Pro Bono Case of the Year, DAILY BUSINESS REVIEW, 2007

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Professional & Community Activities
 

  • The Florida Bar

    • Former Executive Council Member, Labor and Employment Section

      • Volunteer of the Year (2017, 2018, and 2019​)

    • Former Co-Chair, Website Subcommittee, Labor and Employment Section

    • Former Co-Chair, Social Media/Advertising Subcommittee, Labor and Employment Section

    • Former Chair, Grievance Committee

  • Federal Bar Association, Member

    • Broward Chapter, Past President

    • Broward Chapter, Board of Directors Member

    • Broward Chapter, Former Chair, Pro Bono Committee

    • Broward Chapter, Former Chair, Media Relations/Social Media Committee

  • Legal Aid Service of Broward County

    • Past Secretary

    • Former Member, Board of Directors

  • ​Coast to Coast Legal Aid of South Florida

    • Past Secretary

    • Former Member, Board of Directors

  • NAMWOLF®

    • Labor & Employment PAC

      • Former Co-Chair, PAC

      • ​Former Co-Chair, PAC Events Subcommittee

    • Co-Chair, Driving Diversity & Leadership Conference, 2020​

  • Broward County Bar Association, Member

    • Former Chair, Employment & Labor Law Section

  • Human Resource Association of Broward County

    • Former Director, Legislative Affairs​

  • Young President’s Club, Mount Sinai Medical Center Foundation, Member

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Teaching
 

  • National Institute for Trial Advocacy (NITA) Trial Skills Programs, Florida Regional Trial Skills Program, 2012-2016

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Education
 

  • University of Miami School of Law, J.D., magna cum laude

  • University of Michigan, B.A., with distinction

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Bar Admissions

  • All Florida state courts

  • District of Columbia

  • United States Court of Appeals for the Eleventh Circuit

  • United States District Court, Southern, Middle and Northern Districts of Florida

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Professional Background

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  • Kim Vaughan Lerner LLP, Chair, Labor and Employment

  • Hogan & Hartson LLP (now Hogan Lovells US LLP), Partner

  • Morgan, Lewis & Bockius LLP, Associate

  • Steel Hector & Davis LLP (now Squire Patton Boggs), Associate

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Related Articles & Speeches
 

  • Author/Speaker, “An Employer's Duty to Accommodate,” 26th Labor and Employment Law Annual Update and Certification Review, January 16, 2026

  • Contributing Author, “Midwinter Meeting Report of the Subcommittee on the Family and Medical Leave Act,” American Bar Association, 2004-2024

  • Contributing Author, “The Family and Medical Leave Act,” Treatise Cumulative Supplements, American Bar Association, BNA Books, 2006, 2008, 2011, 2013

  • Speaker, “Fourteenth Annual Summer Associates/Law Clerks’ Day At The Federal Courthouse,” Federal Bar Associate Broward County Chapter, June 30, 2023

  • Chapter Editor, “Family and Medical Leave Act, Second Edition,” American Bar Association, Bloomberg BNA Books, 2022

  • Speaker, “Thirteenth Annual Summer Associates/Law Clerks’ Day At The Federal Courthouse,” Federal Bar Associate Broward County Chapter, July 8, 2022

  • Quoted as Lead Counsel, “2 South Florida Attorneys Win 5-Year Legal Battle for Client in Employment Suit Against City,” Daily Business Review/Law.com, April 11, 2022

  • Interview, “How Would HR Handle the Oscars Slap?,” Human Resources Director, March 29, 2022

  • Quoted as Lead Counsel, “Mega-payout for City Manager fired six years ago: $4.4 million,” Sun-Sentinel, March 1, 2022

  • Author, “Recent Developments with COVID Vaccinations in the Workplace,” Broward County Bar Association, October 1, 2021

  • Speaker, “Mandating COVID Vaccination: What Can Employers Require And Beyond,” The NAMWOLF 30, National Association of Minority and Women Owned Law Firms (NAMWOLF), February 3, 2021

  • Author and Speaker, “COVID Vaccinations in the Workplace: What Everyone Needs to Know,” Broward County Bar Association, January 21, 2021

  • Speaker, “Chamber Chat Series – Lunch with Lawyers,” Broward County Black Chamber of Commerce, August 11, 2020

  • Interview, “Employment Attorney: Offensive Social Media Posts Can Get You Fired,” NBC 6 South Florida, June 5, 2020

  • Quoted, “Walking the Talk: When it comes to diversity, Fort Lauderdale firm Kim Vaughan Lerner means business,” Super Lawyers, June 4, 2020

  • Moderator, “The 2020 Election: The Workplace Issues Shaping The Election And The Future For Employers,” Driving Diversity & Leadership Conference, National Association of Minority and Women Owned Law Firms (NAMWOLF), February 24, 2020

  • Panelist, “Federal Practice Preview Series: Labor & Employment,” NSU Shepard Broad College of Law, November 8, 2019

  • Author/Speaker, “Common Law Employment Claims,” 19th Labor and Employment Law Annual Update and Certification Review, January 17, 2019

  • Author/Speaker, “NAMWOLF, M.E.: Autopsies of Failed Investigations,” 2018 Annual Meeting, National Association of Minority and Women Owned Law Firms (NAMWOLF), September 27, 2018

  • Author/Speaker, “You Don’t Have To Be Bill Gates To Use Technology In A Case,” “Effectively Litigating Employment Cases From Inception Through Trial,” The Florida Bar Labor & Employment Law Section, September 14, 2018

  • Author, “Common Law Employment Claims,” 18th Labor and Employment Law Annual Update and Certification Review, January 18, 2018

  • Author, “Noncompetes Are Important But Time Spent Drafting Them is More Important,” South Florida Legal Guide, January 8, 2018

  • Chapter Editor, “Family and Medical Leave Act, Second Edition,” American Bar Association, Bloomberg BNA Books, 2017

  • Moderator, “Employment Claims in Court: A Judge’s Viewpoint,” Broward County Bar Association 2017 Bench & Bar Convention, October 20, 2017

  • Program Co-Chair, “Effectively Litigating Employment Cases From Inception Through Trial,” The Florida Bar Labor & Employment Law Section, August 18, 2017

  • Moderator, “6th Annual Legal Seminar,” Human Resource Association of Broward County, May 10, 2017

  • Speaker, “FLSA and Wage Claims,” Basic Labor and Employment 2017, The Florida Bar, April 28, 2017

  • Moderator, “Labor & Employment Practice Area Committee CLE: Headline News,” 2017 Business Meeting, National Association of Minority and Women Owned Law Firms (NAMWOLF), February 13, 2017

  • “5 Things Restaurants Need To Know About New Overtime Laws,” Insureon, Food for Thought Blog, June 9, 2016

  • Author, “New Labor Department Overtime Rules to Have Widespread Impact,” Daily Business Review, May 19, 2016

  • Speaker, “The Sixth Sense: Six Common Scenarios and How to Analyze Them Without Calling a Lawyer,” HRABC’s 5th Annual Legal Seminar, Human Resources Association of Broward County, May 6, 2016

  • Chapter Editor, “Family and Medical Leave Act,” 2015 Cumulative Supplement, American Bar Association, Bloomberg BNA Books

  • Radio Guest, “Labor & Employment Law: Employer Rights,” The Legal News & Review, WBZT 1230 AM, December 18, 2015

  • “Dade Medical College hit with class action lawsuit by former employees after sudden closure,” South Florida Business Journal, November 4, 2015

  • Speaker, “Executive H.R. Panel – Driving Change and Innovation While Boosting Team Engagement,” The South Florida Executive Roundtable, October 7, 2015

  • Opening Statement/Closing Argument, “To Kill or Not to Kill – The Trial Lawyer,” 2015 Annual Meeting, National Association of Minority and Women Owned Law Firms (NAMWOLF), September 17, 2015

  • Panelist, “HR Matters & Insights – HR, Labor & Employment and the Bottom Line,” The South Florida Association for Financial Professionals, May 20, 2015

  • “Foreclosure Firm Butler & Hosch Shuts Down,” Daily Business Review, May 18, 2015

  • “Kim Vaughan Lerner LLP Addresses the Pitfalls of Using Independent Contractors in Lieu of Employees,” NALA, January 6, 2015

  • Panelist, “2013 Grievance Committee Institute,” The Florida Bar, May 23, 2013

  • Panelist, “Diversity Week: Employment Discrimination,” University of Miami School of Law, January 31, 2013

  • Speaker, “The Department of Labor’s Growing Interest in Targeting YOU for FLSA Violations,” Setnor Byer Insurance & Risk + The Human Equation, June 16, 2010

  • Speaker, “Practical and Legal Considerations When Implementing Recession-Based Employment Decisions,” Practising Law Institute, April 8, 2010

  • Contributing Author, “Business Torts: A Fifty-State Guide,” 2008, 2009, and 2010 Editions, Wolters Kluwer Law & Business, Aspen Publishers, Contributing Author, 2008-10

  • “Risque Business: Sexual Harassment Via Text, E-mail Hitting Workplace,” South Florida Sun-Sentinel, August 20, 2009

  • “Personal Devices Pose New Sexual Harassment Issues At Work,” South Florida Sun-Sentinel, reprinted in the Orlando Sentinel (08.19.2009), the Miami Herald (08.25.2009), the Fort Worth Star-Telegram (08.30.2009), and the Columbus Dispatch (10.25.2009)

  • “Double-edged Axe: As Employers Lay Off Workers En Masse, The Newly Unemployed Are Turning Around And Suing Them,” Daily Business Review, August 4, 2008

  • “Balancing Act:  Rules Could Change For Taking Time Off,” Miami Herald, March 12, 2008

  • Author, “Family Leave Act Faces Overhaul,” Miami Herald, February 18, 2008

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