Andrea Bernstein

Andrea R. Bernstein Counsel

Andrea Bernstein

Practice Areas


Andrea is Counsel in the Labor and Employment practice at SWA. Her practice focuses on counseling U.S. and Israel-based clients on all facets of U.S. employment law.

Andrea has more than 15 years of experience in counseling Human Resources personnel and in-house counsel on legal compliance and risk avoidance issues in the employment law context. She also has broad experience in litigating employment cases on behalf of employers, with a particular emphasis on litigation of restrictive covenants, wage and hour matters, and discrimination, harassment, and retaliation claims.

Andrea was recognized by Chambers USA in Associates to Watch for Labor & Employment in 2012 and  was awarded Commendation for Excellent Research by U.S. Legal 500.


  • Harvard Law School (J.D., cum laude) 1998
  • Emory University (B.A., summa cum laude) 1995


  • Shareholder, Fowler White Burnett
  • Proskauer Rose LLP
  • Fried, Frank, Harris, Shriver & Jacobson

Bar Admission

  • Florida
  • New York

Representative Matters

  • Defending employers in litigation involving non-compete, FLSA, Title VII, ADEA, ADA, FMLA, Pregnancy Discrimination Act, Equal Pay Act, and whistleblower claims in federal and state court and in front of federal, state and local administrative agencies.
  • Advising clients with respect to all stages of the employment relationship from the interview to separation, and preparing offer letters, disciplinary warnings, termination notices, and severance agreements.
  • Counseling employers regarding the creation and implementation of personnel practices, including drafting employee handbooks and policies.
  • Conducting wage and hour audits to review employee FLSA classifications.
  • Training management personnel as to best practices for the supervision of employees and preparation of employee performance reviews.
  • Drafting non-competition, non-disclosure and non-solicitation agreements.
  • Counseling non-union workplaces with respect to certain compliance obligations under the National Labor Relations Act.
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