Rex Berry represents management-side clients in all matters of business and employment law, from discrimination claims to workplace investigations and beyond. He works closely with businesses and employers to avoid litigation where possible by addressing problems before they arise. Mr. Berry provides comprehensive review and recommendations on policies and practices relevant to his clientele, as well as advice, counsel, and training on a full range of employment-related issues included but not limited to harassment claims, privacy issues, disciplinary actions and employee terminations, and compliance with state and federal laws.
If and when the need for litigation arises, Mr. Berry brings over three decades’ worth of experience representing clients before federal and state courts, agencies, and arbitration panels. This includes representing employers in wage and hour class actions and other single and multi-plaintiff litigation, restrictive covenant enforcement, employment tort, employee discharge, Title VII, FEHA, FMLA, CFRA, ADEA, and other employment matters.
Mr. Berry is an accomplished appellate advocate. He has represented employers before numerous state and federal Courts of Appeal and Supreme Courts, including the United States Supreme Court.
Prior to joining AALRR, Mr. Berry was an owner/partner in Berry & Block, an LLP he co-founded in 2003, and a Senior counsel with Kronick, Moskovitz, Tiedeman & Girard.
Mr. Berry is the proud father of two wonderful adult children, and he and his wife, Janet, live in Davis, California, with their trusty dog, Tex.
Honors & Recognitions
Mr. Berry is a Martindale Hubbell AV Rated Attorney and has obtained both regional and national recognition for his legal expertise. Sacramento Magazine named him a Top Lawyer from 2016 through 2019, and the Sacramento Business Journal honored him in their annual Best of the Bar list in 2018 and 2019. He has been named a Northern California Super Lawyer every year since 2012. In 2018 and 2020, Mr. Berry was named one of the top lawyers in America in the field of Labor & Employment Litigation by Best Lawyers.
- Lead trial counsel for an orthopedic/prosthetics manufacturing startup company, sued by an industry giant over alleged violations of agreements restricting the use of certain intellectual property. Following a three week trial, obtained a complete defense verdict from the jury after only 20 minutes of jury deliberation.
- Lead trial counsel for a national pharmacy retailer in a month long jury trial held in the United States District Court for the Eastern District of California/Fresno. Post-trial motions resulted in the court granting a favorable verdict for the client, reversing many of the jury’s findings that were unsupported by evidence.
- Representation of a national electronics retailer before the United States Supreme Court in Adams v. Circuit City Stores, Inc., 532 U.S. 105 (2001), a case presenting issues arising from the employer’s mandatory arbitration program. Obtained desired decision that the Federal Arbitration Act applies to contracts of employment.
- Representation of large regional shipping broker in proceedings before the California Unemployment Insurance Appeals Board, resulting in the reversal of an erroneous EDD assessment of several hundred thousand dollars, based on the EDD’s faulty determination that numerous independent contractor trucking companies were the client’s “employees.”
- On-going advice and litigation representation of large medical care entity in its California employment issues through trials and arbitrations, preparation of multiple successful motions for summary judgment and the negotiation of numerous settlements/separation agreement favorable to the client, when appropriate.
News & Publications
Events & Speaking Engagements
Mr. Berry is a regular presenter at conferences held by the Sacramento Area Human Resources Association (“SAHRA”) as well as Lorman.
Alerts & Articles
- Sacramento, Santa Rosa, and the County of San Mateo Throw Their Hats in the Ring with New Supplemental Paid Sick Leave Ordinances07.24.2020
- Sacramento and Monterey Counties are the Latest in Northern California to Issue Amended Public Health Orders Requiring Written Social Distancing Protocols for Essential Businesses, Including Schools and Local Educational Agencies04.09.2020
- On the Cutting Edge of the Cutting Edge: Paid Sick Leave in San Francisco During the COVID-19 Crisis03.30.2020
- Labor & Employment Law Blog, 08.26.2020
- Labor & Employment Law Blog, 05.27.2020
- Labor & Employment Law Blog, 04.24.2020
Community & Professional
- Sacramento Area Human Resources Association, Member
- Sacramento County Bar Association, Member
- Yolo County SPCA, Pro Bono
J.D., Emory University School of Law
B.A., Wake Forest University
- 1983, California
Supreme Court of California
Supreme Court of Washington
U.S. Court of Appeals, Fourth, Ninth, and Eleventh Circuits
U.S. District Courts, Central, Eastern, Northern, and Southern Districts of California
U.S. District Courts, Eastern and Western Districts of Washington
U.S. Supreme Court