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Josh Bernstein is a trial lawyer who focuses on labor and employment law, including OSHA safety and health regulatory compliance. He is board certified in personal injury trial law by the Texas Board of Legal Specialization.

Prior to joining Greenberg Traurig, Josh served as a senior trial attorney for the U.S. Department of Labor. In this role, he acted as a first chair attorney representing the DOL in enforcing Federal employment laws, including OSHA, MSHA, FLSA, whistleblower, and EEO matters in Federal and Administrative courts in Texas and the neighboring states. He has also negotiated complex settlement agreements in numerous cases involving these statutes and regulations.

Josh has wide-ranging experience providing counsel and pre-litigation advice regarding government investigations and enforcing regulatory compliance in critical employer/employee areas, including safety & health, wage & hour, retaliation, wrongful termination, discrimination, classification as employees/independent contractors, work performance issues, and accommodations.

On Nov. 26, 2024, the DOL filed a notice of appeal following the Eastern District Court of Texas’ decision to vacate the department’s final rule Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (2024 Rule) that had significantly increased minimum salary thresholds for overtime exemptions. The appeal responds to…

In the wake of seven workers dying from heat illness indoors between 2010 and 2017, Cal/OSHA began pushing for rules obligating employers to provide indoor heat safety measures.  On June 21, 2024, the Cal/OSHA Standards Board adopted a new Standard to Protect Workers from Indoor Heat. This new rule applies to any indoor workplace…

On May 20, 2024, the U.S. Occupational Safety & Health Administration (OSHA) issued a final rule updating its Hazard Communication Standard (HCS) (29 CFR 1910.1200). The final rule takes effect July 19, 2024.

OSHA’s HCS aims to ensure chemical safety in the workplace by requiring chemical manufacturers or importers to classify the hazards…

Effective Jan. 16, 2024, the Occupational Safety and Health Act (OSHA)’s maximum penalty for Serious, Other-Than-Serious, and posting violations increased from $15,625 per violation to $16,131 per violation; the maximum penalty for Failure to Abate violations increased from $15,625 per violation to $16,131 per day; and the maximum penalty for Willful and Repeat violations…

On July 13, 2023, the Occupational Safety and Health Administration (OSHA) announced a National Emphasis Program (NEP) to prevent workplace hazards in warehouses, processing facilities, distribution centers, and high-risk retail establishments like hardware stores and supermarkets. OSHA’s NEPs are temporary programs that focus OSHA resources on particular hazards and high-hazard industries.

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