People: Brett C. Bartlett, Partner

Photo of Brett C. Bartlett, Partner

Brett C. Bartlett

Partner

Atlanta
Direct: (404) 888-1875
Fax: (404) 892-7056
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Brett Bartlett is a Chambers-rated partner in the Labor and Employment Department and the Wage and Hour Litigation Practice Group of Seyfarth Shaw LLP. His experience defending businesses across the country in more than 150 class, collective, and complex employee pay, overtime, and hours-related lawsuits informs the counsel that he provides as a trusted advisor to the firm’s clients as they strive to comply with local, state, and federal laws. His work helping businesses to prevent compliance-related risks informs the strategies that he recommends to help those clients secure the results they desire when litigation or investigation is unavoidable.

Additional information about Mr. Bartlett:
  • Rated by in-house counsel as a BTI Client Service All-Star, for his acute focus on providing practical advice to clients across a variety of industries  Identified as one of Georgia’s Legal Elite by GeorgiaTrend magazine  
  • Recognized by the Financial Times as an innovator in the legal industry 
  • Chair of Seyfarth Shaw's Labor & Employment Department in Atlanta
  • Co-chair national Wage and Hour Litigation Practice Group
  • Leader of Practice Group’s Wage and Hour Law Compliance Initiative
  • Author of Association of Corporate Counsel’s practical guide to wage and hour law compliance, the Wage and Hour InfoPak
  • Architect of The FLSA Exemption Resource Center (http://www.seyfarth.com/FLSA-Exemption-Resource-Center), which contains cutting-edge guidance and other resources for businesses striving to comply with state and federal laws governing employee classifications
  • Trusted advisor to businesses undertaking practical compliance measures to mitigate risks arising from litigation and investigations concerning state and federal wage and hour laws and local pay-related ordinances
  • Employers’ counsel who has defended dozens of investigations of pay, timekeeping, and classification practices by United States Department of Labor’s Wage and Hour Division
  • Co-author of definitive treatise on wage and hour litigation, Wage & Hour Collective and Class Litigation (Law Journal Press)
  • Complex litigator who has defended more than 150 complex, collective, and class action lawsuits involving claims made by workers nationally claiming unpaid minimum wage, overtime premiums, and other compensation
  • Frequent source for national media concerning worker pay and classification concerns, change management in stratified organizations, and diversity within the law firm industry
  • Member of Third Place Team, 2016 Women in Law Hackathon sponsored by DiversityLab, Stanford Law, and Bloomberg Law
  • Chairperson, Board of Directors, Atlanta Market March of Dimes
  • Member, Leadership Atlanta Class of 2017

 

Brett Bartlett is a Chambers-rated partner in the Labor and Employment Department and the Wage and Hour Litigation Practice Group of Seyfarth Shaw LLP. His experience defending businesses across the country in more than 150 class, collective, and complex employee pay, overtime, and hours-related lawsuits informs the counsel that he provides as a trusted advisor to the firm’s clients as they strive to comply with local, state, and federal laws. His work helping businesses to prevent compliance-related risks informs the strategies that he recommends to help those clients secure the results they desire when litigation or investigation is unavoidable.

Additional information about Mr. Bartlett:
  • Rated by in-house counsel as a BTI Client Service All-Star, for his acute focus on providing practical advice to clients across a variety of industries  Identified as one of Georgia’s Legal Elite by GeorgiaTrend magazine  
  • Recognized by the Financial Times as an innovator in the legal industry 
  • Chair of Seyfarth Shaw's Labor & Employment Department in Atlanta
  • Co-chair national Wage and Hour Litigation Practice Group
  • Leader of Practice Group’s Wage and Hour Law Compliance Initiative
  • Author of Association of Corporate Counsel’s practical guide to wage and hour law compliance, the Wage and Hour InfoPak
  • Architect of The FLSA Exemption Resource Center (http://www.seyfarth.com/FLSA-Exemption-Resource-Center), which contains cutting-edge guidance and other resources for businesses striving to comply with state and federal laws governing employee classifications
  • Trusted advisor to businesses undertaking practical compliance measures to mitigate risks arising from litigation and investigations concerning state and federal wage and hour laws and local pay-related ordinances
  • Employers’ counsel who has defended dozens of investigations of pay, timekeeping, and classification practices by United States Department of Labor’s Wage and Hour Division
  • Co-author of definitive treatise on wage and hour litigation, Wage & Hour Collective and Class Litigation (Law Journal Press)
  • Complex litigator who has defended more than 150 complex, collective, and class action lawsuits involving claims made by workers nationally claiming unpaid minimum wage, overtime premiums, and other compensation
  • Frequent source for national media concerning worker pay and classification concerns, change management in stratified organizations, and diversity within the law firm industry
  • Member of Third Place Team, 2016 Women in Law Hackathon sponsored by DiversityLab, Stanford Law, and Bloomberg Law
  • Chairperson, Board of Directors, Atlanta Market March of Dimes
  • Member, Leadership Atlanta Class of 2017

Education

  • J.D., Mercer University School of Law (1999)
    Chair Person, Moot Court Board; Wagner Labor & Employment Moot Court Competition

  • B.A., Oberlin College (1994)

Admissions

  • Georgia
  • New York

Courts

  • U.S. Courts of Appeals for the Fifth and Eleventh Circuits
  • U.S. District Courts for the Middle and Northern Districts of Georgia
  • U.S. District Courts for the Southern and Western Districts of New York
  • U.S. District Court for the Western District of Tennessee
  • Georgia Supreme Court
  • Georgia Court of Appeals
  • Sixth Circuit Court of Appeals
  • United States District Court for the Western District of Arkansas
  • United States District Court for the Eastern District of Arkansas

Affiliations

  • American Bar Association (Labor & Employment Section, Federal Labor & Standards Legislative Committee)
  • State Bar of Georgia (Labor & Employment Section)
  • State Bar of New York (Labor & Employment Section)

Presentations

  • “Overtime Rules Will Not Change On December 1! What Now?,” Webinar, presented by Seyfarth Shaw LLP (November 29, 2016)
  • "Overtime Exemption Rules: Countdown to December 1, Liftoff from December 2," Webinar, presented by Seyfarth Shaw LLP (November 4, 2016)
  • Participant, Women in Law Hackathon, sponsored by Stanford Law School, Bloomberg Law, and the DiversityLab (June 24, 2016)
  • Panelist with Wage and Hour Division Administrator David Weil, “#OTRuleChat,” Twitter Chat, hosted by Bloomberg BNA (June 16, 2016)
  • "From Fundamentals to Action," Webinar, presented by Seyfarth Shaw LLP (May 19, 2016)
  • "New FLSA Overtime Exemption Rule," Webinar, presented by Seyfarth Shaw LLP (May 18, 2016)
  • "Spotlight on Wage & Hour Investigations: How to Prepare For and Respond to a DOL Investigation," Webinar, presented by Seyfarth Shaw LLP (December 18, 2015)
  • “The Employer/Employee Relationship Suffers Radical Change:  The Department of Labor’s Restrictions on Overtime Pay Exemptions, an Expanding Definition of “Employee,” and the Overarching Effect of the National Labor Relations Board’s Browning-Ferris Ruling on the Determination of Joint Employer Status”  presented for Corporate Counsel Institute (December 10/11, 2015)
  • “Wage and Hour Recent Developments” presented at the 45th Annual Labor and Employment Law Institute (December 4, 2015)
  • “Addressing Joint Employer Issues in the Retail Industry” Webinar (October 29, 2015)
  • “Class & Collective Action Update:  Continued Trends & Means To Avoid Or Manage A Continuing Risk”  (2012)
  • “Business Etiquette: The New Rules in a Digital Age” (2012)
  • “Drafting the Blueprint:  Modeling An Effective & Efficient Defense to Collective and Class Actions” (2012)
  • “Fighting to Win:  Deconstructing Conditional & Class Certification”  (2012)
  • “Winning the Case: The End Game” (2012)
  • “Training Presentation to Real Estate / Multi-Family Property Firm Community Managers and Directors Regarding Wage-Hour Matters” (2007)
  • “Seyfarth Shaw Compliance Boot Camp for the HR Professional” (2005, 2007)
  • “Training Presentation to Major Financial Services Institution’s Compensation Department” (2004)
  • “Labor and Employment Law Update,” CLE, Atlanta, GA (2004)
  • “Lorman Educational Seminars,” throughout Georgia (2000-2003
  • “Employers’ Duties & Problems,” CLE, Macon, GA (2001, 2002)

Representative Cases

  • Baldridge et al. v. SBC Communications Inc. and Cingular Wireless LLC, 5:04CV071-J (N.D. Tex. 2005) (FLSA collective action involving claim of joint employment and that defendants misclassified first line managers in call center)
  • Adepoju v. Wolters Kluwer, No. 1:11-cv-02052-AT (N.D. Ga. 2012) (putative FLSA collective action in which plaintiff claimed that pre-litigation back wage payment did not foreclose employees’ overtime claims).
  • Armstead v. Lazer Spot, Inc., No. 1:11-cv-04319-CAP (N.D. Ga. 2012) (multi-plaintiff FLSA action challenging applicability of Motor Carrier Exemption to transportation industry drivers).
  • Barfield v. New York City Health and Hospitals Corp., et al., No.  05-CV-6319 (S.D.N.Y. 2005) (Putative FLSA collective action alleging improper payment of nurses’ assistants, nurses, and contract workers in the health care industry).
  • Bryant, et al. v. Lazer Spot, No. 1:12-cv-00925-WTL-MJD (S.D. Ind. 2012) (multi-plaintiff FLSA action challenging applicability of Motor Carrier Exemption to transportation industry drivers).
  • Chie, et al. v. Reed Elsevier, No. 3:11-cv-01784 (N.D. Cal. 2011) (hybrid class and collective wage and hour action in which employees alleged misclassification after receiving back wages and signing releases of overtime claims)
  • Cushman v. DeVry, Inc., No. 6:12-cv-1405-ORL-22-GJK (M.D. Fla. 2012) (putative FLSA collective action alleging failure to pay in compliance with fluctuating workweek pay alternative)
  • Erb, et al. v. TruGreen Limited Partnership, et al., No. 2:11-cv-02638-PBT (E.D. Pa. 2011) (putative Pennsylvania class action asserting failure to pay overtime to lawn technicians) 
  • Francisco, et al. v. Aaron’s, Inc., No. 1:12-cv-00077-SPM-GRJ (N.D. Fla. 2012) (multi-plaintiff FLSA claims alleging employees worked off the clock and during meal breaks).
  • Holland v. Levy Restaurants, No. 1:10-cv-02992-CAP (N.D. Ga. 2010) (class action alleging employer impermissibly retained service charges paid for banquet servers’ services)
  • In Re Wachovia Securities, LLC Wage and Hour Litigation., MDL – 1807, No.  05-CV-1031 (C.D. Cal. 2006) (multidistrict litigation involving nearly 30 hybrid state law and federal class and collective actions alleging misclassification of securities brokers as exempt from minimum wage and overtime requirements and improper deductions from compensation).
  • Jewell v. Aaron’s, Inc., No. 1:11-cv-02314-DCN (E.D. Oh. 2011) (putative FLSA collective action alleging unpaid overtime on behalf of all employees in employer’s retail stores).
  • Jordan et al. v. Reed Construction Data LLC et al., No. 1:10-cv-2756-JEC (N.D. Ga. 2010) (putative FLSA collective action filed by inside sales employees seeking allegedly unpaid overtime).
  • Kunstmann v. Aaron Rents, Inc., No. 2:08-CV-1969-WMA (N.D. Ala. 2008) (putative FLSA collective action alleging that employer misclassified store managers as overtime-exempt).
  • Mainor, et al. v. Lazer Spot, Inc., No. 1:11-cv-971-CAP (N.D. Ga. 2012) (national FLSA collective action challenging applicability of Motor Carrier Exemption to drivers in the interstate transportation industry).
  • Nascembeni v. Quayside Place Partners, LLP, et al., No. 09-cv-23322 (S.D. Fla. 2009) (putative FLSA collective action asserting failure to pay minimum wage and overtime to banquet servers).
  • Niland v. Delta Recycling Corp, No.  03-80259-CV-DMM, aff’d, 377 F.3d 1244 (11th Cir. 2004)  (seminal case involving Secretary of Labor’s supervision of back wage payment under section 16(c) of the FLSA).
  • Parra v. HEI, Inc., No. 10043375 (17th Jud. Cir. Fla. 2010) (Florida class action claiming banquet servers were entitled to retain service charges paid to hotels for banquet services)
  • Ruiz, et al. v. Serco, Inc., No. 3:10-cv-00394-BBC-SLC (W.D. Wisc. 2010) (putative FLSA collective action asserting that employer misclassified as exempt all employees performing support work for U.S. Armed Services).
  • Ruggles, et al. v. WellPoint, Inc., No. 1:08-CV-0201 LEK/RFT (N.D. N.Y. 2008) (putative FLSA collective action brought concurrently with class action claims under three states’ laws alleging that member of insurance industry misclassified registered nurses as exempt professionals).
  • Smith, et al. v. Aarons, Inc., No. 2:12-cv-551-FtM-29DNF (M.D. Fla. 2012) (putative FLSA collective action alleging that employees worked off the clock and during unpaid meal breaks).
  • Teoba v. TruGreen LandCare LLC, No. 6:10-cv-06132-CJS-JWF (W.D. N.Y. 2010) (putative hybrid FLSA collective and state law class action asserting the failure to pay immigrant workers in compliance with federal and state law).
  • Washington v. Carter’s Retail, Inc., No. 3:10-cv-01136-TJC-TEM (M.D. Fla. 2010) (putative FLSA collective action asserting failure to pay retail store employees minimum wage and overtime; also asserting FMLA claims).

Representative Publications

  • Co-Author, "Labor Department Expansively Defines Joint Employment Under FLSA," Westlaw Journal Employment (February 17, 2016)
  • Co-Author, "How Hospitality Industry Employers Can Navigate the New White-Collar Overtime Rules: Turning Legal Change Into Business Opportunity," Hospitality Alert, Seyfarth Shaw LLP (July 7, 2015)
  • Co-Author, "Full-day Deductions Are Out of Whack With the Fluctuating Workweek," Wage & Hour Tip of the Week, Seyfarth Shaw LLP (March 6, 2014)
  • Co-Author, "Implement A Wage & Hour Complaint Hotline," Wage & Hour Tip of the Week, Seyfarth Shaw LLP (January 16, 2014)
  • Co-Author, “Wage & Hour Collective and Class Litigation,” ALM Law Journal Press (2012) Definitive treatise on wage and hour litigation.
  • Contributing Author, “Fair Labor Standards Act, Cumulative Supplement,“ ABA Section of Labor and Employment Law (2002-2011)

Representative Presentations

  •  “Overtime Rules Will Not Change On December 1! What Now?,” Webinar, presented by Seyfarth Shaw LLP (November 29, 2016)
  • "Overtime Exemption Rules: Countdown to December 1, Liftoff from December 2," Webinar, presented by Seyfarth Shaw LLP (November 4, 2016)
  • Participant, Women in Law Hackathon, sponsored by Stanford Law School, Bloomberg Law, and the DiversityLab (June 24, 2016)
  • Panelist with Wage and Hour Division Administrator David Weil, “#OTRuleChat,” Twitter Chat, hosted by Bloomberg BNA (June 16, 2016)
  • "Spotlight on Wage & Hour Investigations: How to Prepare For and Respond to a DOL Investigation," Webinar, presented by Seyfarth Shaw LLP (December 18, 2015)
  • “The Employer/Employee Relationship Suffers Radical Change:  The Department of Labor’s Restrictions on Overtime Pay Exemptions, an Expanding Definition of “Employee,” and the Overarching Effect of the National Labor Relations Board’s Browning-Ferris Ruling on the Determination of Joint Employer Status”  presented for Corporate Counsel Institute (December 10/11, 2015)
  • “Wage and Hour Recent Developments” presented at the 45th Annual Labor and Employment Law Institute (December 4, 2015)
  • “Addressing Joint Employer Issues in the Retail Industry” Webinar (October 29, 2015)
  •  “Business Etiquette: The New Rules in a Digital Age” (2012)
  • “Drafting the Blueprint:  Modeling An Effective & Efficient Defense to Collective and Class Actions” (2012)

Representative Media Mentions

  • Quoted, “Top 7 Workplace Legal Trends for 2017,” SHRM (January 3, 2017)
  • Quoted, “Justice Department Asks Court to Halt Proceedings in Overtime Case,” SHRM (December 15, 2016)
  • Quoted, “Fair to Blame Puzder for Franchisee Wage Violations?,” Bloomberg BNA (December 13, 2016)
  • Quoted, “Regulatory Reform Likely Under Puzder,” SHRM (December 12, 2016)
  • Quoted, “Congress May Use Review Act to Nullify Overtime Rule,” SHRM (December 9, 2016)
  • Quoted, “Inaugural Women in Law Hackathon Generates Groundbreaking Ideas That Will Be Piloted by 36 Top Law Firms,” Press Release, published by Women in Law Hackathon, Diversity Lab (December 6, 2016)
  • Quoted, “Subway, DOL Compliance Deal a New Template for Franchises?,” Bloomberg BNA (August 2, 2016)
  • Quoted, “Will New Overtime Regulations Alter the U.S. Research Landscape?,” SHRM (July 14, 2016)
  • Quoted, "WHD Stats Tell Mixed Story on Enforcement Success,"  Bloomberg BNA Daily Labor Report (January 26, 2016)