Wage & Hour
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Overview
Miller & Martin's Wage & Hour Group helps clients achieve compliance with all aspects of federal and state wage and hour law.
Our group assists businesses with employee classification issues; overtime, minimum wage and work time issues; and employee timekeeping and recordkeeping issues. In the area of defending wage and hour class and collective actions, we have had many successes in jurisdictions across the country.
Services provided by attorneys in this group include defense of wage and hour litigation (including class and collective actions), assistance with wage and hour audits and investigations by the United States Department of Labor and other governmental agencies, conducting or assisting with wage and hour self-audits, reviewing and creating wage and hour policies, and providing general assistance, advice and counseling on wage and hour issues.
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Experience
- The California Court of Appeal recently confirmed a favorable class action settlement over repeated protests by an objector (and his attorney). The California Supreme Court refused to take the matter up on review and so the settlement stands.
- In a recent national class and collective action, after a hard-fought battle, we negotiated a low settlement for the company such that it could continue to operate and would not be crippled by the settlement payments.
- Not all class and collective actions in the wage and hour arena are settled. We obtained summary judgment in a case that was filed as a nationwide class action challenging a restaurant chain's tip sharing policy. The 6th Circuit affirmed, holding that the DOL's opinion letters that would have declared the company policy to be illegal were entitled to no deference.
- In Florida, our team recently obtained summary judgment against a putative class of truck drivers, claiming that the Motor Carrier Act exemption served as a defense. This summary judgment affected not only the Florida class members, but established a precedent that the company and other employers could use to defend against future class actions in other jurisdictions.
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NewsAlerts
- Are You Paying Your Workers Correctly? The Half-a-Million-Dollar Question
- Monthly Pay Is Now Legal in Tennessee
- Department of Labor Appeals Injunction Blocking New Overtime Rules
- Judge Blocks Overtime Rule That Was Set To Go Into Effect December 1st
- 30-Day Countdown to the New DOL Overtime Rule – Are YOU Ready?
- Are You Covered by the DOL's New Final Rule Regarding Paid Sick Leave for the Employees of Federal Contractors?
- It's Time to Schedule a Wage and Hour Check-Up to Avoid Costly FLSA Lawsuits
- July Issue Date Announced by the DOL for the New Salary Basis Regulations
Event- Attorneys to Speak at TVPPA 2018 Legal Conference
- Smith to Speak at Human Resource Law Seminar
- Miller & Martin Hosts CWLI for Legal Rights in the Workplace Panel Led by Attorney Karen Smith
- Chuck Lee to Speak at Institute of Management Accountants
- Chuck Lee to Present on DOL Fiduciary Ruling and Overtime Regulations (FLSA)
- Karen Smith to Speak at Walker County Small Business Conference
- Karen Smith to Speak at Chattanooga Chapter of the American Payroll Association
- Caraway and Smith to Speak at Tennessee Credit Union League Executive Leadership Compliance Conference
- Karen Smith to Speak at Cleveland/Bradley Chamber of Commerce
- Your Wage & Hour Law Questions Answered
