Matt Simpson is a partner in the firm’s Atlanta office.  He represents management in all areas of labor and employment law in state and federal courts as well as before state and federal agencies, including the Equal Employment Opportunity Commission and the United States Department of Labor. He is also the co-chair of the Automobile Dealers Industry Group.

Class and Collective Action Employment Litigation

Matt’s litigation practice is focused on the defense of class and collective actions.  He has handled numerous collective actions involving claims for unpaid wages pursuant to the Fair Labor Standards Act (FLSA), and represents both employers and consumer reporting agencies in class actions brought under the Fair Credit Reporting Act (FCRA).  His class and collective action experience includes:

• Defeating class certification in FCRA class action against consumer reporting agency alleging reporting of inaccurate background information on behalf of approximately 14,000 potential class members;
• Representation of call center employer in multi-state FLSA and state law class and collective action alleging off-the-clock work on behalf of more than 900 opt-in employees; and
• Representation of Fortune 500 company in FLSA and state law class and collective action alleging misclassification of highly compensated white collar employees claiming multi-million dollars in back wage liability.

Matt also defends employers against single and multi-plaintiff claims of discrimination, harassment, retaliation, and wrongful termination brought under various federal and state laws.

Human Resources Advice and Counseling

In addition to his litigation practice, Matt regularly counsels employers and their managers on "preventive" employee relations. This includes advice on employee background screening and selection, drug and alcohol testing, wage and hour compliance, harassment investigations, and disciplinary strategies.  Matt drafts employment applications, employee handbooks, arbitration agreements, confidentiality agreements, and non-compete, non-solicitation, and severance agreements.  He conducts regular employment and wage-hour assessments, as well as management training, for his clients to ensure that they continue to comply with changing laws and regulations.

Representative Clients and Industry Knowledge

Matt is a member of the firm’s Dealership and Education Practice Groups, where he works regularly with his auto dealer and school clients to provide practical solutions to day-to-day employment issues.  In addition, Matt routinely represents employers in the background check services, call center, hospitality, and recruiting/staffing industries in single and multi-plaintiff litigation in both state and federal courts.

Community Involvement

Matt is the current Chair of the State Bar of Georgia’s Labor and Employment Law Section.  He is a past recipient of the State Bar of Georgia Labor and Employment Award and Law360 Rising Star award, and has been listed in each edition of Georgia Super Lawyers – Rising Stars from 2011 to the Present.  

Matt also serves on the Board of Trustees for Cristo Rey Jesuit High School, and on the Board of Directors for Turning Pointe Autism Foundation.

Experience

• Denial of class certification in FCRA class action alleging reporting of inaccurate background information on behalf of approximately 14,000 potential class members;
• Representation in multi-state FLSA collective action alleging off-the-clock work on behalf of approximately 750 opt-in call center employees;
• Representation in FLSA collective action alleging off-the-clock work on behalf of approximately 60 opt-in call center employees;
• Representation in FLSA collective action alleging unlawful application of fluctuating workweek pay plan on behalf of approximately 75 opt-in employees;
• Representation in FLSA collective action alleging claims in both federal court and arbitration for misclassification of independent contractors;
• Representation in FCRA class action alleging reporting of outdated background information on behalf of approximately 3,000 class members;
• Representation in multi-state FLSA and state law class and collective action alleging off-the-clock work on behalf of more than 900 opt-in call center employees;
• Representation in FLSA and state law class and collective action alleging misclassification of highly compensated white collar employees claiming multi-million dollars in back wage liability; and
• Representation in FLSA collective action alleging improper use of tip credit.

Reported Cases

• Broaddus v. Rivergate Acquisitions, Inc. d/b/a Planet Kia, 2010 WL 200798 (M.D. Tenn. Jan. 14, 2010)
• Andrews v. Norfolk Southern Corp., 2010 WL 11507157 (N.D. Ga. Feb. 17, 2010)
• Boyd v. Choicepoint Inc., 2011 WL 379162 (N.D. Ga. Feb. 3, 2011)
• Ballew v. ER Solutions, Inc., 2012 WL 2445080 (M.D. Ala. June 27, 2012)
• Farmer v. The Phillips Agency, Inc., 285 F.R.D. 688 (N.D. Ga. 2012)
• Frey v. Berkley Specialty Underwriting Managers, LLC, 2013 WL 12291870 (N.D. Ga. Feb. 13, 2013)
• Fiegl v. Graphic Packaging International, 2014 WL 3854223 (N.D. Ga. Aug. 5, 2014)
• Obertein v. Assured & Associates Personal Care of Georgia, Inc., 2015 WL 13546465 (N.D. Ga. Feb. 23, 2015)

Representative Work

Honors & Awards

• Georgia State Bar Labor and Employment Law Recipient (2007)
• Georgia Super Lawyers - Rising Star since 2011
• Top Attorneys Under 40
• Law360 Rising Star

News

Seminars & Speaking Engagements

• "The Politics of Employment Law: Understanding L&E in a New Administration”
  Jacksonsville Auto Dealers Association
  6.22.17
• “The Politics of Employment Law: Understanding L&E in a New Administration”
  Auto CPA Spring Meeting
  5.19.17
• "The Politics of Employment Law: Understanding L&E in a New Administration"
  NADC 13^th Annual Member Conference
  4.25.17
• Tattoos, Piercings, and Scantily Clad Workers
  BLR Webinar
  2011
• Processing Garnishments: A Guide for Georgia Employers
  Lorman Education Services
  2010
• Recruiting and Hiring the Right People
  DeKalb County Chamber of Commerce
  2010
• Social Media
  Douglas County Chamber of Commerce
  2010

Articles

• "A Practical Approach to Avoiding the Pitfalls of Misclassifying Workers"

Blog Posts

Legal Alerts

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