Brad Harvey concentrates in labor and employment law and class and collective action defense. He has defended employers in agency and court actions, including hostile work environment, discrimination, retaliation, wage and hour, FMLA, Fair Credit Reporting Act and other claims, in Tennessee, Georgia, New York, California, Ohio, Texas, Missouri, New Jersey and elsewhere. Brad has handled hundreds of labor arbitrations and represented employers in union avoidance efforts, work stoppages and the defense of NLRB charges. Brad has defeated and reached favorable resolutions of class and collective actions at the local, regional and national level. He regularly advises employers on all aspects of labor and employment compliance and best practices. Additionally, Brad obtained a jury verdict in an eminent domain trial for over 20 times the amount offered by the condemning government agency.
- Won summary judgment in all 12 rulings in multi-plaintiff employment litigation in New York from 2012-2015, with the U.S. Court of Appeals for the Second Circuit affirming summary judgment against all plaintiffs who appealed.
- Won jury verdict in eminent domain trial in Bradley County, Tennessee in 2015. Jury awarded client over 20 times the amount offered by the government agency.
- Obtained non-solicitation, confidential information and 6-state non-competition injunction in Hamilton County, Tennessee in 2015, and sanctions award in 2016 after showing that other party had acted in contempt of the injunction.
- Resolved wage and hour class action filed in California and Fair Credit Reporting Act class action filed in Missouri in 2015, with dismissal of class allegations in each case.
- Resolved 70,000 member Fair Credit Reporting Act class action in Tennessee in 2013-2015 for lower amount than parallel case against smaller employer in same industry filed by same attorneys.
- Defeated certification efforts in nationwide employment class actions filed in New York (motion to dismiss granted), New Jersey (motion to dismiss class compensatory and punitive damage claims granted and class claims dropped) and Tennessee (defeated motion to certify class).
- Motion to dismiss class race discrimination claims granted in Texas. Motion for summary judgment on class age discrimination claims granted in Tennessee.
- Resolved wage and hour class allegations for favorable settlements in California for employers in the restaurant, security, photographic studio, manufacturing and distribution industries.
- Represented employers in hundreds of labor arbitrations and in connection with NLRB charges, work stoppages, union campaigns and union avoidance efforts.
- J.D., Vanderbilt University School of Law, 1995
- Order of the Coif
- B.A., cum laude, Duke University, 1991
- Martindale-Hubbell® - AV® Peer Review Rated
- Chattanooga Bar Association
- Tennessee Bar Association
- American Cancer Society
- Arts and Education Council
- Big Brothers Big Sisters of Chattanooga
- Duke Alumni Association
- McKamey Animal Center - Volunteer
- North River Rotary Association
- Vanderbilt Alumni Association
- Miller & Martin Represents PlayCore in Acquisition of Sport Surface Specialties
- Miller & Martin Represents PlayCore in Acquisition of Alta Enterprises
- Miller & Martin Represents PlayCore in Acquisition of Playcraft Systems
- Miller & Martin Represents PlayCore in Acquisition of Worlds of Wow
- Miller & Martin Attorneys Participate in ALS Ice Bucket Challenge
- U.S. Supreme Court to Resolve Split Over Enforceability of Class Arbitration Waivers in Employment Agreements
- 30-Day Countdown to the New DOL Overtime Rule – Are YOU Ready?
- Divide Deepens Over Enforceability of Class Arbitration Waivers
- The NLRB Makes it Easier for Temporary Workers to Unionize
- Questions and Answers on the DOL Salary Basis Requirement Final Rule
- To Record or Not to Record, That is the Question
Twice came within one hour and two minutes of shattering world marathon record.