Rex Darrell Berry, Senior Counsel

Rex is an AV rated attorney who represents businesses and employers in all facets of business and employment law. He is an experienced trial lawyer with numerous appearances before judges, juries and arbitrators. He is also an accomplished appellate advocate with appearances before several federal and state appellate courts, the Washington and California Supreme Courts and United States Supreme Court.

Legal Experience

For more than 30 years, Rex has made a priority of counseling clients to help them avoid litigation where possible by addressing problems before they arise. He provides comprehensive review and recommendations on business and employment policies and practices, as well as advice, counsel and training on a full range of employment-related issues, including, but not limited to:

  • Discrimination claims, including age, gender, race and disability
  • Harassment claims, including sexual harassment, hostile work environment and retaliation claims
  • Privacy issues in the workplace, including monitoring computer and internet use, drug testing, conducting workplace searches and background checks
  • Disciplinary actions and employee terminations
  • Compliance with state and federal laws governing employment
  • Workplace investigations

When litigation becomes necessary, Rex utilizes thorough litigation practices designed to obtain the best result for his clients at the least expense. He has extensive experience representing employers in employment litigation 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, trade secret, employment tort, employee discharge, Title VII, ADA, FEHA, FMLA, CFRA, ADEA, and other employment matters.

Prior to joining Kronick in 2014, Rex was an owner/partner in Berry & Block, an LLP he co-founded in 2003. He lives in Davis with his wife, two children, and his faithful dog, Tex.

Rex began his legal career with Paul, Hastings, Janofsky & Walker (Los Angeles) after graduating from the Emory University School of Law (Atlanta) in 1983. He relocated to Seattle in 1987 to practice with Perkins Coie, and then with Davis, Grimm & Payne where he became a partner in 1995. In 2002, he came to Sacramento to join Livingston & Mattesich Law Corporation as a Partner.

Practice Examples

Following are examples of legal matters Rex has handled for clients:

  • 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.

Professional Activities & Affiliations

Rex enjoys speaking and lecturing on current issues in labor and employment law before both local civic groups and on behalf of several continuing education providers. His professional affiliations include:

  • Martindale-Hubbell AV Rated Attorney
  • Northern California Super Lawyer (2004, 2012-2017)
  • Sacramento Magazine, Top Lawyer 2016
  • Member, Sacramento Area Human Resources Association
  • Member, Sacramento County Bar Association
  • Member, California State Bar Association

Academic Background

J.D. Emory University School of Law, 1983

B.A. Wake Forest University, 1980

    Speaking Engagements

    05.08.2018

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    Speaking Engagement

    |

    Workplace Harassment Liability in a “Me Too” World; “The Way It’s Always Been” Isn’t Good Enough Anymore

    DATE:

    May 8, 2018

     

    LOCATION:

    University of the Pacific
    McGeorge Law School
    3200 5th Ave, Sacramento

    Organized By:

    Sacramento Area Human Resources Association (SAHRA)

    Program Overview:

    Rex Berry and Chris Onstott will bring their 50 years of employment law experience to bear on the topic of harassment of all kinds in the workplace, and the steps employers must take to ensure their compliance both with the law and changing social mores. The presentation will discuss the effect of the “Me Too” movement on employer exposure. A particular focus will be placed on identifying harassment in its many forms, responding properly to employee complaints, and finding the right workplace remedy when inappropriate behavior must be addressed.

    Registration:

    Please visit the event website for more information and to register.

    09.20.2017

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    Speaking Engagement

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    Managing the Chronically Absent Employee; An Employer’s Obligations Under the Myriad Federal and California Laws

    Date:


    Wednesday, September 20


    Location:


    Sacramento Convention Center


    Sponsored By:

    Sacramento Area Human Resource Association (SAHRA)

    Program Overview:

    Kronick attorneys Rex Berry and Chris Onstott will present at the SAHRA Annual conference on Wednesday, September 20 in Sacramento. They will discuss the employer’s rights and obligations when dealing with an employee requesting leaves or accommodation under the Fair Employment and Housing Act (FEHA), the Americans with Disabilities Act, Federal Family and Medical Leave Act, California Family Rights Act, Workers’ Compensation Act and other applicable laws. Attendees will receive instruction in the requirements of these various laws, and options for working with the impacted employees.

    Come by our booth in the exhibit hall and say hi!

    Registration:

    Please visit SAHRA's website for more information and to register.

    09.21.2016

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    Speaking Engagement

    |

    7 Deadly Sins of Employment Law

    Date:


    Wednesday, September 21


    Location:


    Sacramento Convention Center


    Sponsored By:

    Sacramento Area Human Resource Association (SAHRA)

    Program Overview:

    Kronick senior counsel Rex Berry will present at the SAHRA Annual conference on Wednesday, September 21 in Sacramento. He will discuss the key moments that define the employer/employee relationship and what employers must recognize in those moments and how to act accordingly. This presentation is designed to provide an overview for all levels of Human Resources professionals to aid you in preparing your Company to use best practices during the hiring process, orientation, day to day work, and the end of the employment relationship, however it comes about.

    Come by our booth in the exhibit hall and say hi!

    Registration:

    Please visit SAHRA's website for more information and to register.

    12.01.2015

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    Speaking Engagement

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    New Developments in Personnel Law: What you don’t know can hurt you

    Date


    Wednesday, December 2


    Time


    2:00 – 3:15pm


    Location:


    Renaissance & Hyatt Regency

    Indian Wells


    Sponsored By:

    Association of California Water Agencies (ACWA)
    Annual 2015 Fall Conference (December 1-4)

    Presenters:

    [SPEAKERS]

    Overview:

    California’s laws governing employer/employee interactions are some of the most complicated in the country. California extends its legislative and rule-making authority into virtually every aspect of the employment relationship, and can be a trap for an unwary employer. Most employers try hard to follow the law, pay good wages, and treat their employees fairly.  However, good intentions aren’t always enough. This program is designed to make certain you are up to date on the new California laws impacting the workplace, and will be well prepared to implement any changes the new laws require.

    Registration:

    For more information and to register, please visit the ACWA website.

    09.17.2014

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    Speaking Engagement

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    SAHRA 2014 Annual Conference | Recognizing and Preventing Workplace Harassment

    Date:


    Wednesday, Sept 17, 2014


    Location:


    Sacramento Convention Center


    Sponsored By:

    Sacramento Area Human Resouces Assocation (SAHRA)
    2014 Annual Conference

    Presenters:

    [SPEAKERS]

    06.25.2014

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    Speaking Engagement

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    Administering Leaves of Absence in California Under FMLA and CFRA

    Date:


    Wednesday, June 25, 2014


    Time:


    9:00 a.m. - 4:30 p.m.


    Location:


    Crowne Plaza Sacramento

    5321 Date Avenue

    Sacramento, CA 95841


    MCLE:


    6.0 Hours


    HRCI:


    6.0 Hours


    Sponsored By:

    Lorman Seminars

    Presenters:

    [SPEAKERS]

    Other panel members include: Charles Post from Weintraub Tobin; Robert Rediger from Rediger, McHugh & Owensby; and Sue Ann Van Dermyden from Van Dermyden Maddux Law Corporation

    Overview:

    Get the latest advice on managing the complexities of FMLA and CFRA regulations.

    In today's economic climate, attendance and productivity are key to a company's survival. Take the first step toward protecting employees' rights and minimizing your liability – attend this seminar and get practical tips on how to update your policies to comply with FMLA and CFRA regulations. Don't let your company take compliance risks during this historically difficult time in our nation.

    Given the high cost of dealing with attendance and leave issues, you will see a quick return on the investment you make in this crucial seminar. Don't miss this chance to learn cutting-edge techniques for coping with all the latest FMLA changes and hot issues.

    Benefits for You:

    • Stay abreast of recent updates to FMLA notice requirements
    • Make discipline and termination decisions under the FMLA without second-guessing yourself
    • Tips on effectively managing intermittent leave
    • Untangle the complex web of overlapping state and federal leave and disability laws

    Registration:

    Visit Lorman's website for more information and to register.