Steven M. Berliner

Steven M. Berliner Partner

Steve is the Chair of the firm's Retirement, Health and Disability Practice Group and works to ensure that our firm stays on the cutting edge of the law related to these important areas. He has an extensive labor relations practice and unparalleled retirement law expertise. Steve has acted as chief negotiator for many public agencies in labor negotiations with their employee groups, helping them reduce payroll and other costs. He also advises clients on contract interpretation issues and represents clients in grievance matters and is frequently called on to assist agencies in times of fiscal crisis.

Of particular importance to many agencies is reducing pension and retiree medical costs. Steve has successfully negotiated changes to agencies' arrangements with public employees that resulted in employees paying a greater share of the cost for these benefits and other cost savings. Steve is a prolific speaker and speaks at conferences throughout the state on public retirement issues. 

Steve has renowned expertise in the area of public agency retirement laws and vested rights. His extensive experience allows him to be ahead of the curve in spotting issues and trends in retirement law. This experience and his ability to describe issues in plain language helps clients plan and budget for changes.  Steve also litigates retirement issues on behalf of our clients. Whether it's an administrative appeal of a CalPERS audit finding, or a lawsuit related to vested benefits, retiree medical benefits or any other retirement related matter, Steve brings his extensive knowledge and experience to each case.

Steve also represents clients in a wide range of legal proceedings, including writs, breach of contract, the Fair Labor Standards Act, and before the Public Employment Relations Board. 

Recognitions

Steve is continually awarded for his excellence in his practice of law, including:

  • National Law Journal Crisis Leadership Trailblazer (2020)

  • Top 75 Labor & Employment Lawyers, Daily Journal

  • Top 25 Municipal Law Attorneys, Daily Journal

Education

  • JD, University of California, Los Angeles School of Law

  • BA, State University of New York at Binghamton

LITIGATION

San Bernardino County of Public Attorneys Association (SBCPAA) v. County of San Bernardino, et. al. (2014) - Successfully defended the County of San Bernardino against SBCPAA's challenge to the County, eliminating its pick-up of a portion of the employees' contribution to the retirement system. SBCPAA argued that a statute enacted as part of the PEPRA actually required the County to continue the pick-ups absent the employees' agreement to a change in the employer contribution.

Neustadter v. CalPERS, et al. (2013) - In this case, Steve defended a lawsuit brought by a former local agency employee against CalPERS and the agency, that sought to compel higher retirement benefits through CalPERS or for the agency to pay the difference if CalPERS was determined to not be responsible for the payment. Steve successfully argued that the benefits currently being provided were correct and the agency had no further liability to the former employee.

Brotherhood of Locomotive Engineers and Trainmen, a Division of the Rail Conference, International Brotherhood of Teamsters; Glenn William Steele v. Southern California Regional Rail Authority, d/b/a Metrolink (2011) - In a case handled by Steve Berliner and James Oldendorph of Liebert Cassidy Whitmore's Los Angeles office, the Los Angeles County Superior Court ruled that Metrolink's installation and operation of an audio and video monitoring system in the cabs of Metrolink locomotives did not violate the locomotive engineers' privacy rights, due process rights, and that the actions were not preempted by state law.  The union for the engineers that operate the locomotives, and one individual engineer, had sued Metrolink seeking declaratory and injunctive relief, arguing that the engineers had a reasonable expectation of privacy in the cabs of the locomotives and that Metrolink's monitoring system violated their procedural and substantive due process rights.  They also claimed that the installation of the cameras and the policy adopted to govern their use were preempted by state law. The Court granted Metrolink's motion for summary judgment on all of Plaintiffs' causes of action, finding that there were no issues of material fact warranting a trial.  This ruling resulted in a victory for Metrolink on all claims.

NEGOTIATIONS

City of Carlsbad - Safety and Non-Safety Units.

City of El Cajon - Safety and Non-Safety Units.

City of La Mesa - Safety and Non-Safety Units.

City of Fullerton - Safety Units.

City of Port Hueneme - Safety Units.

City of Rancho Cucamonga - Non-Safety Units.

City of Murrieta - Safety and Non-Safety Units.

City of South Pasadena - Safety and Non-Safety Units.

City of Oceanside - Safety Units.

Joshua Basin Water District - Non-Safety Unit.

City of Encinitas - Safety and Non-Safety Units.

City of Redondo Beach - Served on Factfinding Panel.

City of Port Hueneme - Served on Factfinding Panel.

Kern County - Presented Case to Factfinding Panel.

City of Hesperia - Served on Factfinding Panel.

City of El Cajon - Served on Factfinding Panel.

 

Education

  • JD, University of California, Los Angeles School of Law

  • BA, State University of New York at Binghamton

Nov 16, 2020 Press Release

LCW to Present Nine Workshops at the 2020 Annual CALPELRA Virtual Conference

We are pleased to present and sponsor the 2020 Annual CALPELRA Conference taking place virtually this week (November 16 – 20)!  Don’t miss our nine scheduled conference presentations by our expert speakers.  Topics include negotiating in difficult times, telecommuting issues, public safety disability accommodations, and much, much more. 

Sep 1, 2020 Press Release

Liebert Cassidy Whitmore Partners Named as National Law Journal’s Crisis Leadership Trailblazers

LOS ANGELESLiebert Cassidy Whitmore (“LCW”) is pleased to announce three Los Angeles partners have been named as National Law Journal’s Crisis Leadership Trailblazers. Firm Managing Partner J. Scott Tiedemann, Steven M. Berliner and Peter J. Brown were selected for their work in educating and guiding clients on labor and employment issues related to COVID-19.   

Jul 31, 2020

Partner Steven M. Berliner Quoted in Daily Journal, Orange County Register, Sacramento Bee, Courthouse News Service and EdSource

Partner Steven M. Berliner was quoted in Daily Journal, Orange County Register, Sacramento Bee, Courthouse News Service, Pensions & Investments and EdSource regarding the California Supreme Court ruling on July 30, 2020 against a union of Alameda County sheriff’s deputies over the legality of a 2013 law that limited retirement benefits.

Jul 30, 2020

California Supreme Court Leaves The California Rule Largely Intact in Highly Anticipated Opinion Concerning Public Employee Pension Rights

On July 30, 2020, the California Supreme Court issued its decision in Alameda County Deputy Sheriff's Assn. v. Alameda County Employees' Retirement Assn. (Alameda).  It was anticipated that the Court would address the continuing viability of the “California Rule.”  Under the California Rule, a public employee is vested in a pension benefit at the start of employment.  Under the traditional expression of the California Rule, benefits cannot be reduced even for prospective service, except in very limited circumstances.  The modification of a pension benefit “must bear some material relation to the theory of a pension system and its successful operation,” and any modification that results in disadvantages to employees must be accompanied by comparable new advantages. While the Court asserted at the end of the decision that it was not reexamining the California Rule, the decision leaves the current legal framework largely intact, including the California Rule.

Apr 20, 2020

CalPERS Issues Circular Letter Explaining How Leave Under the Families First Coronavirus Response Act Should be Tracked and Reported

The California Public Employees’ Retirement System (“CalPERS”) has answered several outstanding questions concerning how paid leave hours taken under the Families First Coronavirus Response Act (“FFCRA”) should be tracked and reported.  On April 16, 2020, CalPERS issued Circular Letter No. 200-021-20 which explains how to report compensation and track hours for employees taking leave under the Emergency Paid Sick Leave (“EPSL”) and the Emergency Family and Medical Leave (“EFML”) provisions of the FFCRA. 

Apr 7, 2020

Emergency Response

J. Scott Tiedemann, Peter Brown, and Steve Berliner were interviewed in the Daily Journal to discuss advising clients in the time of COVID-19.  

Education

  • JD, University of California, Los Angeles School of Law

  • BA, State University of New York at Binghamton

17 November 2020
Speaking Engagements

Negotiating Retirement And Health Benefits In Tough Economic Times

California Public Employer Labor Relations Association (CALPELRA) 2020 Annual Training Conference Webinar
Read more

Education

  • JD, University of California, Los Angeles School of Law

  • BA, State University of New York at Binghamton

Contact Us

General Inquiries

info@lcwlegal.com

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Media Inquiries

Please contact Cynthia Weldon, Director of Marketing & Training, 800.981.2000.

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