KVL | Brian L. Lerner

Practice Areas

Brian L. Lerner

Chair, Labor & Employment

Email: blerner@kvllaw.com
Phone: (954) 527-1115
Fax: (954) 527-1116

Brian L. Lerner is a Board Certified Specialist in Labor and Employment Law, one of only approximately 200 certified by The Florida Bar. Brian has litigated cases at all stages and in all types of forums—including administrative proceedings before government agencies, injunction hearings, bench trials and jury trials in state and federal courts, and final arbitration hearings.

Brian has litigated cases in a number of jurisdictions beyond Florida, including California, Colorado, Georgia, New York, New Jersey, Massachusetts, and in London, Vienna, Buenos Aires, and Tokyo. Brian strives to implement strategies designed to achieve the client’s desired results—whether early resolution, aggressive litigation, or resolution by trial. Brian is rated AV Preeminent® by Martindale-Hubbell, its highest rating.

Brian’s employment litigation experience includes representing individuals and employers in investigating, prosecuting, and defending the following:

EEOC charges of discrimination;
Discrimination, harassment, retaliation, and whistleblower claims;
Family and Medical Leave Act (FMLA) claims;
Americans with Disabilities Act (ADA) claims;
Collective and class actions brought for wage and overtime violations under local, state, and federal laws like the Fair Labor Standards Act (FLSA);
Contract disputes including claims for breaches of employment agreements, severance agreements, change of control agreements, non-compete agreements, non-solicitation agreements, and confidentiality and trade secret agreements.

Brian also has assisted with employment agreements, severance agreements, and other contractual arrangements. Mr. Lerner has drafted and reviewed employee handbooks, conducted audits of company employment practices and policies, consulted on workforce reductions, conducted internal investigations for companies and as a third-party neutral investigator, provided training to executives, managers, and other employees in regard to employment practices, equal employment opportunity, and diversity, and day-to-day counseling on workplace issues.

Brian has been quoted in major publications such as the Miami Herald, the South Florida Sun-Sentinel, the South Florida Business Journal, the Daily Business Review, the National Law Journal, and the Legal Times on various legal topics. He also is a frequent lecturer and author.

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Representative Experience

Represented an international operator of hotels in a case involving claims of gender identity (transgender) discrimination and harassment, retaliation, and breach of contract. Successfully obtained summary judgment as to the discrimination, harassment, and breach of contract claims and then successfully obtained directed verdict on the retaliation claim at trial in what may be considered one of the first trials in Florida on transgender employment issues.
Represented client in connection with allegations of independent contractor misclassification in violation of the Fair Labor Standards Act. Successfully obtained partial summary judgment and then successfully obtained a jury verdict after a seven-day federal jury trial.
Represented client in connection with allegations of independent contractor misclassification in violation of the Fair Labor Standards Act in a three-day jury trial in federal court.
Represented pro bono client in a five-day federal jury trial involving claims of disability discrimination and retaliation against the U.S. Department of Homeland Security. The jury awarded significant monetary damages to the pro bono client and the court awarded permanent injunctive relief for the pro bono client. The case was selected by the Daily Business Review as its “Most Effective Lawyers Pro Bono Case of the Year”.
Represented national mortgage lending institution, three affiliates, and three high-level executives in obtaining partial summary judgment and then an arbitration defense award after a five- day AAA domestic arbitration final hearing in a matter alleging sexual harassment, retaliation, breach of contract, defamation, negligence, and tortious interference.
Represented international financial institution in a two-week state court bench trial where the plaintiff, a former officer of the institution, sought statutory indemnification for the alleged millions of dollars incurred in defending herself against criminal charges of money laundering.
Represented client in an eight-day state court jury trial involving claims of sexual harassment and retaliation in violation of the Florida Civil Rights Act (Florida’s equivalent to Title VII).
Represented retail, construction, hospitality, and travel-industry entities, among others, in collective and class actions for unpaid wages or overtime under theories of “off the clock,” missed or docked rest and meal breaks, miscalculation of overtime pay, and failure to pay minimum wage brought by former employees and the Department of Labor.
Represented an international media company in a lawsuit where the former employee alleged race discrimination and retaliation, and obtained summary judgment against the former employee, which was affirmed on appeal.

Honors & Recognitions

Board Certified Specialist, Labor and Employment Law, THE FLORIDA BAR
AV Preeminent®, MARTINDALE-HUBBELL
Band 3, Labor and Employment: Florida, CHAMBERS USA, 2010-23
Top Lawyer, FLORIDA SUPER LAWYERS, 2015-23
Top 100, MIAMI SUPER LAWYERS, 2018-23
Tier 1, Litigation-Labor and Employment-Fort Lauderdale, BEST LAW FIRMS, 14th Edition (2023)
Tier 1, Employment Law-Management-Fort Lauderdale, BEST LAW FIRMS, 14th Edition (2023)
Tier 1, Employment Law-Individuals-Fort Lauderdale, BEST LAW FIRMS, 14th Edition (2023)
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 (2021-23)
Employment Law-Individuals, THE BEST LAWYERS IN AMERICA, 28th-30th Edition (2021-23)
Employment Law-Individuals, THE BEST LAWYERS IN AMERICA, 28th-30th Edition (2021-23)
Florida Legal Elite, Labor and Employment, FLORIDA TREND, 2014-22
Top Lawyer, Labor and Employment, SOUTH FLORIDA LEGAL GUIDE, 2014-22
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, 2009-12
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

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

Teaching

National Institute for Trial Advocacy (NITA) Trial Skills Programs, Florida Regional Trial Skills Program, 2012-16

Education

University of Miami School of Law, J.D., magna cum laude, 1999
University of Michigan, B.A., with distinction, 1996

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

Professional Background

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