Kimberly R. Miers is the Office Managing Shareholder of the firm’s Austin office. She has experience in a variety of state and federal labor and employment law matters, with an emphasis on:
- Complex class and collective action litigation
- Wage and hour advice
- Workplace Investigations
- Title VII single plaintiff and class litigation
- Equal Employment Opportunity Commission negotiations and litigation
- Department of Labor matters
She regularly advises clients in all areas of employment law practices and policies, including wage and hour compliance, employee discipline and counseling and internal investigations.
Prior to joining Littler Mendelson, Kimberly was a senior employment attorney for a leading retailer. After law school, Kimberly served as law clerk to the Honorable Dixon W. Holman of the Texas Second Court of Appeals.
Selected Matters
Among her notable successes, Kimberly has:
- Obtained multiple arbitration awards in favor of client accused of misclassifying independent contractors in mass arbitration matter
- Obtained a complete defense verdict in a FMLA retaliation lawsuit
- Obtained summary judgment in favor of an employer in an FLSA off-the-clock lawsuit and prevailed on Plaintiff’s appeal to the Fifth Circuit
- Obtained a jury verdict in favor of an employer in a federal whistleblower lawsuit
- Defended a large multi-family housing corporation against allegations of misclassification and “off the clock” work by obtaining decertification of a nationwide collective action and then obtaining a jury verdict in favor of the employer
- Defended a Fortune 100 retailer against allegations of harassment and obtained a favorable settlement mid-trial
- Obtained a jury verdict in favor of an employer in a federal race discrimination lawsuit
- Defeated a plaintiff's motion for conditional certification in a nationwide wage and hour collective action lawsuit
- Defended a wage and hour collective action lawsuit brought by truck drivers in which she also defeated conditional certification, obtained summary judgment based on the Federal Motor Carrier Act exemption and prevailed on appeal
- Defended a large national retailer, waste services company, home lender, national country club services corporation and a hospital against charges that they forced nonexempt employees to work "off the clock"
- Defended an apartment locater company, national delivery services company, staffing company, homebuilder, fuel distributor, national mortgage loan provider, national home health provider, healthcare enterprise, manufacturing company, technology services company, automobile repair company, national retail services company and oil field services company against allegations of misclassification
- Obtained summary judgment in a FLSA lawsuit alleging off-the-clock work based on failure to demonstrate employer knew or should have known of alleged off-the-clock work and failure to allege the amount of alleged off-the-clock work as a matter of just and reasonable inference
- Obtained decertification in a nationwide wage and hour collective action lawsuit against a homebuilder
