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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.

In the latest episode of Greenberg Traurig’s Workplace Safety Review podcast, co-hosts Adam Roseman and Joshua Bernstein provide a comprehensive wrap-up of the significant OSHA developments from 2024 and explore what’s on the horizon for 2025. They delve into the impacts of administrative changes, including the Supreme Court’s Loper Bright decision, which overturned Chevron deference,
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A Texas court nullified the Department of Labor (DOL)’s 2024 rule increasing salary thresholds for overtime exemptions.The court’s decision reverts the salary threshold for exempt executive, administrative and professional employees to $684 per week ($35,568 annually) and for highly compensated employees to $107,432 annually.The DOL filed an appeal, but it is unlikely to
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Any Israeli company with U.S. facilities should consider taking proactive measures to ensure employees have the appropriate information about chemical hazards.  OSHA’s recently updated Hazard Communication Standard (HCS) not only requires chemical manufacturers or importers to classify the hazards of chemicals they produce or import, but also requires all U.S. employers, including those with manufacturing…


As Israeli companies continue to expand globally and acquire operations in the United States, a proactive approach to safety and health in the workplace is critical. The U.S. Occupational Safety and Health Act (OSH Act), which regulates the safety and health of workplace conditions in the United States, and the agency charged with its enforcement…

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…