Barry J. Miller

As a partner in the Labor & Employment Department of Seyfarth Shaw LLP, Mr. Miller defends employers in state and federal courts and before administrative agencies. Mr. Miller also provides counseling and compliance advice to employers on a wide variety of employment-related legal issues, including all aspects of employee compensation, accommodation of disabled employees, workplace investigations, reductions in force, and terminations of employees in sensitive situations. His counseling work focuses not only on identifying employment practices that comply with the law, but also the design of solutions that maximize an employer’s flexibility in managing its business.

Mr. Miller focuses a significant share of his practice on the defense of complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. He has successfully defended against such claims through all phases of litigation, from early-stage motion practice, through summary judgment, class or collective action certification, jury trials and appeals. He has defended claims involving the alleged misclassification of independent contractors, exempt status classification, reimbursement of business expenses, failure to provide benefits contributions, detention of tips and gratuities, Sunday and holiday premium pay, missed meal breaks, and off-the-clock work.

Mr. Miller contributes to Seyfarth Shaw’s Wage & Hour Litigation Blog and has been a driver of the Mortgage Loan Officer initiative on behalf of Seyfarth Shaw’s Wage and Hour Litigation Practice Group. He has litigated the exempt status of the position around the country and developed programs for compliance with regulatory requirements bearing on compensation, registration, and training of mortgage loan officers. He has also been quoted in media sources as an expert on the compensation of mortgage loan officers.

In addition to his class action and wage/hour practice, Mr. Miller has successfully represented management against all types of discrimination and harassment claims, including those asserted under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, Massachusetts’ Chapter 151B, and other state laws. His experience includes litigation of non-competition agreements and other restrictive covenants, in addition to the defense of whistleblower retaliation claims under state and federal law. He has also defeated a wide variety of breach of contract and tort actions brought by employees against their employers.

Mr. Miller has been repeatedly recognized as a Rising Star by the Massachusetts Super Lawyers Guide and has been recognized in Chambers USA as being at the forefront of his generation for the practice of employment law. He was also recognized by Law 360 in 2014 as one of six Rising Stars nationwide in the employment law practice area.

Good to know

Areas of Practice 1) Labor & Employment, 2) Complex Discrimination Litigation, 3) Workplace Counseling & Solutions, 4) Employment Litigation, 5) Wage & Hour Litigation, 6) Wage & Hour Compliance Reviews and Assessments, 7) Appellate Advocacy and 8) Government Compliance and Enforcement Actions
Law School Georgetown University Law Center (J.D., 2004)
Education Brown University (A.B.,1998)
Bar Member / Association Massachusetts State Bar Association
Most recent firm Seyfarth Shaw LLP
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