Tim Weatherholt is a partner in the Louisville office of Fisher Phillips. Tim has extensive class and collective action experience in wage and hour law matters. Tim has litigated numerous class and collective action cases, achieving successful results for a wide variety of employers in misclassification cases, off-the-clock cases, and delivery driver cases. As part of Tim’s wage and hour practice, he has led multiple audits for national companies regarding exempt/non-exempt status of employees. 

Tim’s practice also involves representation of management in employment litigation involving civil rights, retaliation, wrongful termination and discrimination under Title VII and Kentucky law. Tim has helped numerous employers prevail at the summary judgment in Kentucky state and federal courts. Representative cases include an age discrimination case in Morgan County, Kentucky; a worker’s compensation retaliation case in Henderson County, Kentucky; a worker’s compensation retaliation case in the U.S. District Court for the Eastern District of Kentucky; an ADA case in the Western District of Kentucky; and a disability case under the Kentucky Civil Rights Act in Scott County, Kentucky.

Tim prepared extensive briefing and served as an integral part of the team that successfully litigated the famous “paint suit” case, a 15-year case involving alleged uncompensated donning, doffing, and walking time for team members at Toyota Motor Manufacturing, Kentucky’s plant in Georgetown. During that case, Tim prepared briefing on the novel argument that the Kentucky Wages and Hours Act does not permit class actions, a position that became the law in Kentucky for over three years, before it was overturned by the Kentucky Supreme Court in an unrelated case in August 2017. 

For over a year from 2015 to 2016, Tim worked “in-house” for two days a week at Toyota’s former manufacturing headquarters in Erlanger, Kentucky as part of a secondment arrangement to support Toyota’s operations during its transition to its new Plano, TX headquarters. As part of that arrangement, Tim performed in-house counsel tasks, including the following: analyzing multiple state laws, creating and revising policies and procedures, leading efforts toward policy harmonization across manufacturing facilities, drafting internal communications, preparing legal training documents, leading legal training of supervisors and HR, creating internal reports, providing daily advice and counseling, reviewing termination decisions and other corrective action, drafting monthly newsletters, and creating state law surveys.

Tim also contributes content to the firm’s Wage and Hour Blog and various other firm and local bar publications. 

While attending Vanderbilt Law School, Tim placed second in the Bass, Berry & Sims Intramural Moot Court competition. After graduating from Vanderbilt Law School in 2004, Tim clerked for the Honorable Joseph H. McKinley, Jr. of the United States District Court for the Western District of Kentucky for two years. From September 2006 to March 2009, Tim worked as an associate at a large regional law firm in Louisville, before joining Fisher Phillips in April 2009. 

Reported Cases

• Burge v. PPG Industries, Inc., 2008 WL 4386859 (W.D. Ky. 2008)
• Toyota Motor Manufacturing, Kentucky, Inc. v. Kelley, 2013 WL 6046079 (Ky. App. Nov. 15, 2013)

Honors & Awards

• Recognized in The Best Lawyers in America (2018 – 2021)

News

Seminars & Speaking Engagements

• University of Kentucky CLE – Recent developments in wage and hour class and collective actions
  June 2014
• Toyota Motor Manufacturing, West Virginia, Inc. – Reasonable Accommodation Training 
  April 2014
• Indiana Work One –  How To Create A Great Employee Handbook
  June 2013
• Indiana Work One –  Summary of Recent ADAAA Cases 
  October 2012
• Louisville Bar Association – Latest Developments Under the ADAAA
  July 2011 
• Sterling Educational Services –  Employee Privacy Issues
  October 2009

Articles

• “Indiana Case Reaches Supreme Court”
  Southern Indiana Business Source
  May 2013

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