Seyfarth Shaw LLP

Labor & Employment.; Wage & Hour Litigation; Complex Discrimination Litigation

Partner, Seyfarth Shaw LLP

Mr. Miller 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. Barry is an active member of the firm’s Pay Equity group, and provides compliance advice to employers that includes pay equity reviews designed to identify and remedy pay disparities based on gender or other protected classifications.

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, division 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 is an active member of Seyfarth Shaw’s Wage and Hour Litigation practice group.

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, and analogous state laws. His experience includes litigation of noncompetition 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 was ranked by Chambers USA (2012, 2014-2015), was listed in Massachusetts Super Lawyers (Thomson Reuters) (2007-2008, 2011-2016), and is listed in the Legal Media Group’s Expert Guides  for the practice of employment law. He was also recognized by Law360 (Portfolio Media, Inc.) in 2014 as one of six Rising Stars nationwide in the employment law practice area.

JD, Georgetown University Law Center, (2004), cum laude, Editor, Georgetown Law Journal; AB, Brown University (1998), magna cum laude; AM, Brown University (1998).