Labor & Employment
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Overview
Miller & Martin's team of nationally-recognized labor and employment attorneys serve clients on a national, regional and local basis, handling a wide spectrum of matters that often arise within the workplace. Whether providing trusted counsel on day-to-day issues or handling complex class actions, our attorneys are equipped to assist in all areas of employment/labor relations.
By collaborating with our clients, we strive to quickly determine the best course of action for a successful outcome, tailoring our legal counsel by understanding the individual business objectives of each client. We make it a point to know our clients' businesses and industries in order to deliver sound legal counsel. Our team of attorneys is actively involved in many legal and industry organizations; experienced attorneys who routinely host seminars on topical labor and employment law for clients. We frequently present to industry associations and regularly issue legal alerts on breaking labor and employment news that may impact our clients.
Our Labor & Employment group has been ranked as one of the top Employment Litigation firms in the nation by Employment Law360. One of our group attorneys was recognized as a "Client Service All-Star" by BTI, an honor shared with only 318 lawyers from firms across the country. This elite recognition is reserved for lawyers who deliver superior service to clients at Fortune 1000 companies and other large organizations.
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Affirmative Action/OFCCP
Appellate
Class & Collective Action
Construction
Employee Benefits & Executive Compensation
Employment Law Compliance Advice & Training
Employment Litigation
ERISA & Employee Benefits Litigation
Healthcare
Immigration
Labor Relations/Union Avoidance
Life Sciences
Litigation
Wage & Hour
Workplace Accommodation & Leave Issues
Workplace Environmental, Health & Safety/OSHA
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News
- 7 Chattanooga Miller & Martin Attorneys Awarded Best Lawyers® "Lawyer of the Year" 2021 Edition
- Miller & Martin Practices and Attorneys Earn Top Rankings in 2020 Chambers USA®
- 8 Miller & Martin Attorneys Named 2020 Georgia Super Lawyers and Rising Stars
- Miller & Martin Ranked Among Top 50 Atlanta Law Firms by Atlanta Business Chronicle
- Six Miller & Martin Attorneys Named 2019 "Legal Elite" by Georgia Trend Magazine
- 15 Miller & Martin Attorneys Named to 2019 Mid-South Super Lawyers and Rising Stars Lists
- 50 Miller & Martin Attorneys Listed in The Best Lawyers in America® 2020 Edition
- 6 Chattanooga Miller & Martin Attorneys Awarded Best Lawyers® "Lawyer of the Year" 2020 Edition
- Miller & Martin Practices, Attorneys Recognized in 2019 Chambers USA®
- 7 Miller & Martin Attorneys Named 2019 Georgia Super Lawyers
- 18 Miller & Martin Attorneys Selected to 2018 Mid-South Super Lawyers and Rising Stars Lists
- Miller & Martin Earns 2 National & 41 Regional Rankings in "Best Law Firms" 2019 Edition
- Miller & Martin Practices, Attorneys Recognized in 2018 Chambers USA®
- Nine Miller & Martin Attorneys Named 2017 "Legal Elite" by Georgia Trend Magazine
- Miller & Martin Earns 2018 “Best Law Firm” Ranking in 23 Practice Areas from U.S. News & World Report and Best Lawyers
- 56 Miller & Martin Attorneys Listed in The Best Lawyers in America 2018 Edition
- Jessica Malloy-Thorpe Joins Miller & Martin
- Miller & Martin Practices, Attorneys Recognized in 2017 Chambers USA®
- Bode Elected Chair of Tennessee Bar Association Labor & Employment Law Section
- Miller & Martin Recognized in 2016 Chambers USA®
- Bode Named Fellow of the American Bar Foundation
- Griffin and Parker Selected as 2016 Georgia Super Lawyers Top 100
- David Kesler Awarded Chattanooga Bar Association 2015 Albert L. Hodge Volunteer Award
- Miller & Martin Jury Verdict Ranked in Daily Report's Top Georgia Verdicts of 2014
- John Bode Inducted as a Class of 2015 Fellow of the Chattanooga Bar Foundation
- Miller & Martin Maintains Top Rankings in Chambers USA, 2015 Edition
- Chris Parker Named Top 100: 2015 Georgia Super Lawyers®
- 14 Miller & Martin Attorneys Named 2014 Georgia Trend Magazine's Legal Elite
- Miller & Martin Recognized by ALM as a 2014 Go-To Law Firm® for the Top 500 Companies in the U.S.
- Miller & Martin Maintains Top Rankings in Chambers USA, 2014 Edition
- Trumpeter Talks about Northwestern Ruling
- Miller & Martin Selected One of The Atlanta Journal-Constitution's Workplace Achiever for 2014
- Social Media and the Workplace, Chattanooga Magazine
- Twelve Miller & Martin Attorneys Named 2013 Legal Elite by Georgia Trend Magazine
- 50 Listed in The Best Lawyers in America® 2014 Edition
- Miller & Martin PLLC Maintains Top Ranking in Chambers USA, 2013 Edition
Alerts- The DOL Issues New Regulations on the FFCRA
- A Change and a Reminder to Employers Regarding Georgia Leave Laws
- DOL Issues New FMLA Forms
- The EEOC Weighs in on COVID-19 Antibody Testing and Other Return to Work Considerations
- The U.S. Supreme Court Holds That Title VII Protects Sexual Orientation and Gender Identity
- OSHA Publishes FAQ Regarding Face Coverings, Masks and Respirators in the Workplace
- DOL Finalizes Regulations for Retirement Plan Electronic Disclosures
- OSHA Issues Revised Enforcement Policies for Employee Protection Amid COVID-19
- Now Is the Time To Update Your COBRA Notices
- OSHA Issues Additional Guidance Regarding Curbside and Takeout Service Amid COVID-19
- What to Do When Employees Refuse to Return to Work
- DOL Adds More Clarity Regarding Interaction of Regular and Expanded Paid Leave as FFCRA Enforcement Begins
- Employer’s Good Faith Efforts Considered When Enforcing OSHA Compliance During Coronavirus Pandemic
- OSHA Issues Interim Enforcement Response Plan for COVID-19
- New DOL Regulations Provide Additional Information to Employers Regarding the FFCRA
- Employers to Roll Out the FFCRA on April 1
- Coronavirus-Based Updates to Georgia and Tennessee Unemployment Requirements for Employers
- Employee Benefits During the COVID-19 Pandemic
- The Families First Coronavirus Response Act As Signed Into Law
- Proposed Bill Follow-Up: Who is Going to Pay for All This Coronavirus Leave?
- The Families First Coronavirus Response Act Passes the House
- EEOC Issues Guidance and Sample Questionnaire on Coronavirus
- Coronavirus Workplace Checklist
- (Avoiding) The Top Five Mistakes Employers Make Regarding New Parent Leave Policies
- It’s a Festivus Miracle: NLRB Gives Employers Trifecta of Wins!
- 10 Tips for Complying with the New EEO-1 Pay Data Reporting Requirements
- Tennessee’s Anti-Bullying Law Now Applies to Private Employers
- Tennessee Now Uses the 20-Factor IRS Test to Identify Independent Contractors (vs. Employees)
- The Latest from the DOL Regarding Independent Contractors
- Update to Last Week's EEO-1 Report Alert
- Filing EEO-1 Reports this Year – “Have We Landed Yet?”
- New DOL Opinion Letter Means Employers Must Designate Time Off as FMLA Leave Once Put on Notice
- DOL Increases Salary Requirement for “White Collar” Exemptions
- Are You Paying Your Workers Correctly? The Half-a-Million-Dollar Question
- New NLRB Decision Reverts Back to Former Independent-Contractor Standard
- What's on Your 2019 HR To-Do List? (Part 2)
- What's on Your 2019 HR To-Do List?
- DOL Clarifies Compensability of Employee Wellness and Benefit Fairs
- Fun New FMLA Facts from the DOL
- A Full-Time Employee’s Doctor Says She Can Only Work Part Time at the End of Her FMLA Leave.
- Tennessee Bureau of Workers' Compensation E-Billing in Effect July 1, 2018
- Mandatory Employment Arbitration Programs - Practical Considerations In Light of Supreme Court's Epic Decision
- Supreme Court Rules Employment Arbitration Programs With Class Action Waivers Are Lawful
- Don't Get Stumped by the 9-Month Bump: A Discussion of the Sixth Circuit's Decision in Mosbey-Meachem v. Memphis Light
- The Dangers of Misunderstanding “Pregnancy Accommodation”
- #MeToo: It Can't Happen Here...That's Just Hollywood
- NLRB Change-ups: The (Republican) Force Awakens
- 'Tis the Season for a Reminder about the Human Element of Workplace Health & Safety Programs
- Two Things Employers Can Celebrate this Labor Day
- USCIS Unveils New Form I-9s Like Apple Unveils iPhones
- Monthly Pay Is Now Legal in Tennessee
- Are You My Employer? DOL Rescinds Obama-Era Joint Employer Guidance
- Tennessee Enacts Private Employer (Optional) Veterans' Preference Law
- Is Your Anti-Harassment Training Making the Grade?
- Employee Participation in Social Movements: What's an Employer to Do?
- U.S. Supreme Court to Resolve Split Over Enforceability of Class Arbitration Waivers in Employment Agreements
- USCIS Unveils the "Smart" I-9
- 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?
- Election Day is Coming Soon - Do You Know Your Employees' Voting Leave Rights?
- Are You Covered by the DOL's New Final Rule Regarding Paid Sick Leave for the Employees of Federal Contractors?
- Divide Deepens Over Enforceability of Class Arbitration Waivers
- The EEO-1 Report Filing Date is Right Around the Corner - Are You Ready?
- Employee Training Requirements Lowered for Tennessee Drug-Free Workplace Employers
- The EEOC Revises Its Proposal to Collect Pay Data
- The NLRB Makes it Easier for Temporary Workers to Unionize
- A Reminder to Employers of the August 10 OSHA Compliance Deadline
- Tennessee Businesses: To Ban Firearms on Your Property, Bear the Appropriate Signage
- Preparing for the MANDATORY Digital Age of Workplace Injury Reporting
- The DOL Persuader Rule Is Put On Hold
- New EEOC Guidance - Handling Disabled Employee Leave Requests which Conflict with Your Company Policies and Practices
- What's Wellness Got To Do With It?
- Questions and Answers on the DOL Salary Basis Requirement Final Rule
- To E-Verify or Not to E-Verify: That Will No Longer Be a Question for Some Tennessee Employers
- Congress Passes Federal Trade Secrets Law
- It's Time to Schedule a Wage and Hour Check-Up to Avoid Costly FLSA Lawsuits
- The EEOC Is "Playing Sides" with the Charge Response Process
- Eleventh Circuit Issues Significant Independent-Contractor Ruling
- EEOC Proposal Seeks to Combat Discrimination Through the Tracking of Payroll Data
- To Record or Not to Record, That is the Question
- Supplement "EEO It's the Law" Poster Issued for Federal Contractors
- July Issue Date Announced by the DOL for the New Salary Basis Regulations
- It's Not Too Late to Make Your 2017 HR Resolutions
- Two New Developments Affecting Federal Contractors
- Why Are OSHA Inspectors In My Lobby, And What Should I Have Already Done To Be Prepared?
- NLRB Issues New Ruling on Joint Employment
- A Surprising Holding by the Tennessee Supreme Court Regarding Workers
- Is Sexual Orientation Now a Protected Class?
- New Overtime Regulations Proposed
- U.S. Supreme Court Says Same-Sex Marriage Must Be Allowed Nationwide
- U.S. Supreme Court Upholds Affordable Care Act Subsidies in Federal Exchanges
- What is a Tennessee "Certificate of Employability"?
- Employees Must Prove "Motive" Not Mere "Knowledge" in Order to Demonstrate Religious Discrimination per the U.S. Supreme Court
- The DOL Issues New FMLA Forms
- Tennessee Legislation Wrap Up: What You Need to Know Before July 1st
- Georgia Employers Can Now Use Payroll Card Accounts to Pay Employees
- IRS Rules That Retention Bonus Violates Code Section 409A
- Navigating Georgia's New Medical Marijuana Law
- Two New Developments Affecting Federal Contractors
- Guns on Company Property: Think Twice Before Taking Action
- Tennessee Supreme Court Upholds a Narrow Definition of "Whistleblowers"
- U.S. Supreme Court Rules on Pregnancy Accommodations
Event- Attorney Brad Harvey Discusses Hot Wage & Hour Developments at TBA Labor & Employment Forum
- WEBINAR: How the “Families First Coronavirus Response Act” Will Impact Your Business
- 2019 Supervisor Training | Essential Tools for the 21st Century Manager - Full Day Workshop
- Attorneys Fullerton and Welton Present Implicit Bias in the Workplace Program for SETLAW Members
- Ashby Serves as Panelist for ABC of GA's Construction Workforce Crisis Symposium
- Attorneys to Speak at TVPPA 2018 Legal Conference
- Bode to Host 7th Annual Labor and Employment Law Update
- Caraway to Present BLR's FMLA Master Class
- Caraway to Present at the 2017 Advanced Employment Issues Symposium
- Smith to Speak at Human Resource Law Seminar
- Caraway to Present at Tennessee Bankers Association
- Caraway to Speak at Corporate Counsel Forum 2017
- Caraway to Speak at German American Chamber of Commerce
- What's New in Employment Law for 2017, SHRM Chattanooga
- Stacie Caraway to Speak at BLR's 2017 FMLA Master Class
- So You Think You Need to Accommodate? | Chattanooga
- Bode to Host 6th Annual Labor and Employment Law Update
- Chuck Lee to Speak at Institute of Management Accountants
- Chuck Lee to Present on DOL Fiduciary Ruling and Overtime Regulations (FLSA)
- Chattanooga Seminar | Union Wars: The Force Awakens
- Caraway and Smith to Speak at Tennessee Credit Union League Executive Leadership Compliance Conference
- SHRM Chattanooga Employment Law Session
- An Examination of the FLSA's Final Overtime Rule, Chattanooga SHRM
- John Bode to Present "The Year in Review–Tennessee Law Update"
- Chattanooga Seminar | Wage and Hour Law Update
- Nashville Seminar | Wage and Hour Law Update
- Stacie Caraway to Speak at BLR's 2016 ADA Master Class
- Chattanooga Seminar | Exploring the Mysteries of FMLA and Beyond
- Exploring Practical Examples of the ADA Interactive Process
- John Bode & Friends: An Employment Law Update
- Stacie Caraway will Present at the 20th Annual Advanced Employment Issues Symposium
- Stacie Caraway to Speak at BLR's 2015 FMLA Master Class
- Stacie Caraway to Speak at the Tennessee Association of Housing and Redevelopment Authorities Annual Conference
- Stacie Caraway to Speak at SHRM Chattanooga Chapter Meeting
- Stacie Caraway Speaking at the Annual Tennessee Municipal Attorneys Association Summer Seminar
- Stacie Caraway to Speak at Duck River SHRM Seminar
- Bode and Terry to Speak at Tennessee Bar Association's 19th Annual Labor & Employment Forum
- Employment Law - What's New for 2015, SHRM Chattanooga
- Caraway to Speak at Cleveland/Bradley Chamber of Commerce
- Caraway to Speak at Tennessee Association of Manufacturers
- Chattanooga Seminar | FMLA, ADA and Workers' Comp - When They Intersect
- Stacie Caraway to Speak at the 19th Annual Advanced Employment Issues Symposium
- Stacie Caraway to Speak at 2014 TN SHRM Conference
- Chattanooga Seminar | Have You Ever Wondered. . . ?
- Chris Parker to Speak at the Comprehensive Employment Law Seminar
- Miller & Martin Attorneys to Speak at SHRM Chattanooga
- So, You Think You May Be a Federal Contractor (or Subcontractor)? | Chattanooga Breakfast Seminar
- Wellness Programs - What You Don't Know Could Make Your Employer Sick Seminar | Nashville
- Wellness Programs - What You Don't Know Could Make Your Employer Sick Seminar | Chattanooga
- Chattanooga Bar Association Sponsors Annual Labor and Employment Law Update
- Chris Parker to Speak at the 12th Annual Employment Law: Beyond the Basics Seminar
- How to Prepare for the Affordable Care Act Employer Mandate Seminar | Chattanooga
- What You Need to Know about Tennessee's New Workers' Compensation Law Seminar | Nashville
- What You Need to Know about Tennessee's New Workers' Compensation Law Seminar | Chattanooga
- Your Immigration Law Questions Answered Seminar | Nashville
- John Bode to speak at the Tennessee Bar Association's Labor & Employment Law Seminar
- Navigating the Affordable Care Act: A Lunch & Learn Discussion
- Stop FMLA Abuse Today: End the Frustration, Be in Control, Progressive Business Executive Education
- Chris Parker to Speak at the Employee Documentation, Discipline & Discharge Seminar
- Miller & Martin Power Hour with NLRB Supervising Attorney Lisa Henderson
- Navigating the FMLA/ADA/Workers' Compensation Bermuda Triangle
- 18th Annual 2013 Advanced Employment Issues Symposium (AEIS), HR Hero
- Annual Legal Round Table, Society for Human Resource Management (SHRM) Chattanooga
- Your Hiring and Termination Checklists for 2013
Publications- Harvey and Welton Contribute to [Connect]
- Harvey and Welton Contribute to Tennessee Bar Association's Newsletter
- Harvey and Welton Contribute to Labor & Employment [Connect]
- Independent Contractor or Employee?
- Protecting Your Business Assets: Restrictive Covenant Law in Georgia
- A Break in the Dam: New Tennessee Unemployment Law Offers Relief to Employers
- Smartphones Ring in New Challenges
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Blog
- Let's Take a Breath - Adjusting to Our "New Normal"
- Clarification Regarding Georgia Shelter In Place and Emergency Executive Orders by Governor Kemp
- Fewer OSHA Inspectors?
- New Year’s Resolutions for Health & Safety
- OSHA May Use Drones to Collect Evidence During Inspections
- So What Did You Think OSHA Was Going to Do With the Electronically Filed Injury Information?
- Silica Standard (Part 7): Employee Understanding of Standard and Requirements
- Silica Standard (Part 6): Medical Surveillance Program
- Silica Standard (Part 5): Written Exposure Control Plans Required by the Standard
- Silica Standard (Part 4): Regulated Areas for General Industry
- OSHA Provides Further Interpretation on Drug Testing and Incentive Programs
- Understanding the Multi-Employer Worksite (Part 6) - Conclusion
- TOSHA's Most Cited Standard in the Construction Industry for 2017 was Fall Protection Training Requirements
- Understanding the Multi-Employer Worksite (Part 5) - The Controlling Employer
- Understanding the Multi-Employer Worksite (Part 4) - The Correcting Employer
- Understanding the Multi-Employer Worksite (Part 3) - The Exposing Employer
- Machine Guarding is Difficult
- Understanding the Multi-Employer Worksite (Part 2) - The Creating Employer
- Understanding the Multi-Employer Worksite (Part 1)
- OSHA Top 10 Most Frequently Cited Standards
- OSHA Delays Another Rule - Cranes This Time
- Fall Protection is OSHA'S Top Citation for 2017
- May 8-12, 2018 is National Safety Standdown to Prevent Falls in Construction
