Whiteford, Taylor & Preston
Steven E. Bers

Steven E. Bers

Partner
Baltimore
T: 410.347.8724

Biography

Mr. Bers is an experienced attorney, rated as “Preeminent” by Martindale Hubbell, whose practice since 1978 has been directed to management employment law; he also leads the firm's maritime law practice.

Recognitions

  • The Best Lawyers in America®,Labor Law-Management (2024-Present), Litigation-Labor and Employment (2024-Present)
  • Benchmark Litigation: Labor & Employment Guide, "Benchmark Labor & Employment Star" (2019-Present)
  • AV Preeminent®: Martindale-Hubbell® Peer Review Ratings™
  • House of Ruth Maryland: Outstanding Service Award
 

Memberships & Activities

  • Former President: Maryland State Federal Bar Association
  • Member: Board of Directors and Executive Board, House of Ruth Maryland, Inc.
  • Member: Board of Directors, Chizuk Amuno Synagogue
  • Former President: Jewish Big Brother Big Sister League
  • Graduate of Greater Baltimore Committee's Leadership Program
  • Member: Mayor’s Select Committee for City Convention Structure Oversight
  • Member: MSBA and ABA Employment Sections
  • Life Member: Maryland Head Injury Foundation

Labor & Employment

Employment Law, including Employment Advice, and Litigation in all Courts

  • Has represented scores of large, medium, and small employers in matters of employment law since 1978; comprehensively involved in strategic defense strategies under multiple employment statutes, the common law of employment, and private employment contracts
  • Preventative and advisory counsel regarding employment practices, policies and adversarial terminations
  • Managerial and supervisory training
  • Experience in wide range of industries, including
  • Banking, Credit Union, Financial Management
  • Excursion, Tour, Cruise Vessel Industry
  • Cyber Development; Software & Hardware R&D; Web-Based Services
  • Healthcare; Medical Service Delivery; R&D Product Development
  • Heavy Industry Manufacturing; Food Manufacturing
  • Trade/Professional Association; Not-For-Profit
  • Construction, Construction Support Services
  • Hospitality; Food Service; Maritime
  • Residential & Life Care Communities; Nursing Facilities


Labor and Employment Litigation and Administrative Hearings, Employment Torts

  • Employment litigation before federal and state courts
  • Employment defense before federal, state and local anti-discrimination agencies
  • Equal Employment Opportunity Commission defense
  • State and county anti-discrimination claim defense
  • Occupational safety violation claim defense
  • United States Coast Guard

Employment Contract/Document/Policy Preparation/Advice and Counsel
 
  • Employment agreements
  • Employment offer documentation
  • Non-competition agreements
  • Executive compensation agreements: tax-advantaged employment programs
  • Commissioned employee agreements / compensation programs
  • Severance agreements
  • Employment policies and handbooks
  • Affordable Health Act (“ObamaCare”) programs and compliance


Employment Litigation - Defense

  • Employment termination – claims based in tort, contract or statute
  • Non-compete and non-solicitation litigation
  • Employment discrimination
  • Wrongful discharge
  • Overtime/minimum wage


Federal Employment Statutes

  • Affordable Health Act (“ObamaCare”)
  • National Labor Relations Act ("NLRB")
  • Union-Free Strategies
  • Employer representation in NLRB election process
  • Employer representation in union negotiations
  • Unfair labor practice defense
  • Fair Labor Standards Act (Overtime/Minimum Wage)
  • Defense of unpaid overtime claims
  • Preventative advice and counsel re: wage system development
  • Family & Medical Leave Act (“FMLA”)
  • “Title VII” – Federal anti-discrimination law
  • Americans With Disabilities Act (“ADA”)
  • Age Discrimination in Employment Act (“ADEA”)
  • Discrimination in employment
  • Discrimination in public accommodations
  • Fair Credit Reporting Act (“FCRA”)
  • Employment credit checks
  • Employment criminal background checks
  • State Employment Law
  • Wage payment law
  • Credit checks
  • Unemployment claims
  • Anti-discrimination claim defense
 

Maritime Law

Mr. Bers has represented numerous large, medium, and small maritime businesses in matters of maritime regulation, US Coast Guard regulatory compliance and vessel-related transactions. He has also served as General Counsel to the Passenger Vessel Association (National Association of Passenger Vessel Owners) since 1988.


Transactional Maritime Advice and Counsel

  • Vessel Purchase/Sale
  • Negotiation of vessel purchase/sale transaction documents
  • Preparation of purchase/sale documents
  • Owner’s representative vis-à-vis shipyard negotiations
  • Author “75 Pointers When Building A New Boat”
  • USCG Certification
  • Vessel Financing
  • Advice and counsel/review of financing documents
  • Title recordation
  • Title inspection/vessel inspection history
  • USCG documentation center assistance
  • US Coast Guard Regulatory Compliance
  • Inspection and manning issues
  • USCG “835” Form response
  • Vessel incident reporting
  • Vessel & facility security compliance
  • Vessel Docking/Wharfage Agreements
  • Bareboat Charter Agreements


Marine Casualties Response – Complete Marine Accident Management

  • Accident Emergency Response
  • US Coast Guard vessel owner representation
  • Response to civil/criminal investigations
  • NTSB Regulatory response advice 
  • Accident investigation participation issues
  • NTSB limitations upon communications
  • Environmental Protection Agency Response Advice
  • Clean-up/federal privatization of clean-up
  • Civil/criminal investigations


Maritime Litigation

  • Federal admiralty jurisdiction claims
  • Vessel construction claims
  • Shipbuilding dispute claims
  • US Coast Guard litigation/administrative “tickets” and licensing claims

Insights

Author: “Machine Intelligence and Salaried Employees Overtime Eligibility,"  FOGHORN Magazine (September 2025)

Author: “New Overtime Tax Law: Increases Employer Recordkeeping Obligation,"  FOGHORN Magazine (July 2025)

Speaker: “5 Employment Law ‘Hot Topics’ for NY Tour Boat Operators," New York State Tour Boat Operators Association (April 2025)

Speaker: “New Maritime Legal Developments," Passenger Vessel Association, Annual Convention at MariTrends (January 2025)

Author: “Right to Use Medically Prescribed Marijuana at Work Denied,"  FOGHORN Magazine (January 2025)

Speaker: “Maritime and Employment Law Issues of 2024,” PVA Regional Meetings (2024)

Speaker: “Maryland Human Resource Law: What You Need to Know Now,” National Business Institute (July 2024)

Speaker: “New 2023 Vessel Capital Construction Fund,” American Passenger Vessel Association Conference (September 2023)

Speaker: “New 2023 USCG Sexual Harassment Law,” American Passenger Vessel Association Conference (September 2023)

Author: “It's Time to Hang Up the Phone: Stop Texting,"  FOGHORN Magazine (December 2022)

Author: “PVA Weighs in On Waivers,"  FOGHORN Magazine (November 2022)

Editor: Maryland Employment Law Letter, Employers Counsel Network (2022-present)

Author: “Tips for Writing Effective Employment Offer Letters," HRLaws (May 2022)

Speaker: “ADA Applications for Website Compliance," National Passenger Vessel Association Annual Meeting (March 2022)

Speaker: “ADA Developments in the Marine Industry," National Passenger Vessel Association Annual Meeting (March 2022)

Author: “Legal Matters: The PVA Legal Hotline at Age 30," FOGHORN Magazine (October 2021)

Speaker: “Mandatory Vaccinations, A Workplace ‘Must’ or Workplace ‘Mistake’?," Passenger Vessel Association, MariTrends Annual Conference (February 2021)

Speaker: “COVID-19 Vaccine: Employer Considerations," Webinar (January 2021)

Author: “Getting Employees Back to the Workplace," FOGHORN Magazine (December 2020)

Speaker: “Employment Law Q & A – Impacts of COVID on Liability," Webinar, Ocean City Chamber of Commerce and Hotel-Motel Restaurant Association (April 2020)

"Employer Perspective - Employee Free Choice Act." Baltimore Hospitality Industry 2010

"The Obama Health Plan - Employer Impact" Passenger Vessel Ass'n 2010

"FMLA Essentials - The New Regulations" HR Institute Master Class 2010

"Offer Letters and Written Employment Agreements" 2008 Employment Law Update 2008

"Unemployment Insurance - Back to Basics" 2007 Employment Law Update

"Employment Record Retention in the Electronic Age" 2006 Employment law Update

Author: "PVA Argues Overtime Case in 1st Circuit Court of Appeals: Participation Termed 'Very Helpful', The Foghorn (January 2005)

Author: "PVA Files AMICUS Brief in Federal Wage/Hour Litigation," The Foghorn (November 2004)

Author: "Documentation and Other Effective Ways to Avoid Liability for Discrimination," Employment Law Strategist (August/September 2004)

Speaker: "After the Accident, 'Right' or 'Wrong' Doesn't Matter," Passenger Vessel Association Convention, New Orleans, LA (2004)

Speaker: "75 Pointers for Negotiating a New Vessel Purchase Agreement," Passenger Vessel Association Convention, New Orleans, LA (2004)

Speaker: "Common Errors in Employee Management for Passenger Vessel Owners," Passenger Vessel Association Original Colonies Region and Great Lakes Meeting, Buffalo, NY (2003)

Speaker: "Effective Ways to Avoid Employment Discrimination Exposure," Passenger Vessel Association Convention, Long Beach, CA (2003)

Speaker: "2002 Legal Developments for PVA Members," Passenger Vessel Association Convention, Long Beach, CA (2003)

Speaker: "Sarbanes-Oxley Act of 2002: Provisions Relevant to CEO Employment," CEO Summitt - Washington, DC (2002)

Author: "Supreme Court OK's Maritime Wage/Hour Decision," The Foghorn (July 2002)

Author: "Exercise Caution Before Hiring Foreign Seasonal Employees," The Foghorn (February 2002)

Speaker: "Commission Agreements and Other Alternatives to Hourly Pay," Whiteford Breakfast Briefing, Baltimore, MD (2002)

Speaker: "Documenting Discipline and Discharge," Passenger Vessel Association Convention, Biloxi, Miss. (2002), Worldwide Employee Benefits Network (2000), Whiteford Employment Law Update, Baltimore, MD (1999)

Speaker: "Defensive Downsizing," Whiteford Breakfast Briefing, Baltimore, MD (2001)

Author: "Caution in Hiring Foreign Seasonal Employees," The Foghorn (March 2001)

Speaker: "Litigating Covenants Not to Compete," Lorman Educational Services, Baltimore, MD (2000)

Author: "Non-Union Employees Ruled to Have Right to Bring Co-Worker to Disciplinary Meetings," The Foghorn (November 2000)

Speaker: "The Family and Medical Leave Act," Maryland CPA Association (2000)

Author: "Marine Employment Safety: OSHA or Coast Guard Jurisdiction," The Foghorn (February 1999)

Speaker: "Sexual Harassment: 1999 Developments," Passenger Vessel Association Convention, Long Beach, CA (1999)

Author: "The ADA: The Tale of Three Boats," The Foghorn (September 1998)

Speaker: "Your Written Employment Documents: Salvation or Suicide?" Whiteford Employment Law Update, Baltimore, MD (1998)

Author: "Employee Terminations: A Navigational Guide," The Foghorn (July 1996)

Author: "Employee Terminations: Reducing Exposure to Suit," The Foghorn (September 1996)

Author: "Employee Terminations: 10 Situations Commonly Leading to Challenge," The Foghorn (October 1996)

Speaker: "15 Common Errors In Employee Management," Passenger Vessel Association Convention (1993)

Speaker: "Employment Law Issues Facing Maryland Employers," Institute of Management Accountants (1993)

Speaker: "The ADA and the Passenger Vessel Industry," Passenger Vessel Association Convention, New Orleans, LA (1992)

Speaker: "Employee Value Systems and Management Goals," Passenger Vessel Association Convention, New Orleans, LA (1992)

Speaker: "Wage and Hour Laws Affecting the Passenger Vessel Industry," Passenger Vessel Association Convention, New Orleans, LA (1992)

Speaker: "Wage and Hour Law Basics," Accounting Firm Seminar (1991)

Speaker: "Workplace Substance Abuse: State and Federal Laws," Maryland State Drug Free Workplace Initiative (1991)

Speaker: "A Guide to Drafting Personnel Policies and Handbooks," Passenger Vessel Association Convention, Boston, Mass. (1990)

Speaker: "An Introduction to Unemployment Law," Printing Industries of Maryland (1990)

Practices & Industries

Education

Admissions