Overview

Kimberly R. Miers has experience in a variety of state and federal labor and employment law matters, with an emphasis on:

  • The Fair Labor Standards Act
  • Wage and hour litigation
  • Appellate matters
  • Equal Employment Opportunity Commission negotiations
  • Department of Labor matters
  • Mediations
  • Employment contracts
  • Unfair competition under Texas law

She regularly advises clients in all areas of employment law practices and policies, including wage and hour audits, employee discipline and counseling and internal investigations.

Among her notable successes, Kimberly has:

  • Defended a large multi-family housing corporation against allegations of misclassification and “off the clock” work by obtaining decertification of a nationwide class 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 class certification in a nationwide wage and hour class action lawsuit
  • Defended a wage and hour class action lawsuit brought by truck drivers in which she also defeated class certification, obtained summary judgment based on the Federal Motor Carrier Act exemption and prevailed on appeal
  • Defended a large national retailer, a national country club services corporation and a hospital against charges that they forced non-exempt employees to work "off the clock"
  • Defended an apartment locater company, national delivery services company, a staffing company, a homebuilder, a fuel distributor, national mortgage loan provider, national home health provider, healthcare enterprise and a manufacturing company against allegations of misclassification
  • Obtained summary judgment in a FLSA lawsuit alleging off-the-clock work
  • Obtained decertification in a nationwide wage and hour class action lawsuit against a homebuilder

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. She served as case note and comments editor for the Texas State Bar's Computer Law Review and Technology Journal and was selected to serve as a member of the SMU Barristers Association and the SMU Board of Advocates.

Professional & Community Affiliations

Member

American Bar Association

Member

State Bar of Texas

Member

Dallas Bar Association

Member

Leadership Dallas

2014

Member

Dallas Regional Chamber

Board Member

Suicide and Crisis Center of North Texas

Board Member

Dallas Fine Arts Chamber Players

Board Member

Dallas Kids First

Recognition

National Order of Barristers

Recipient, Outstanding Second-Year Advocate Award

SMU Board of Advocates

News, Analysis & Press

Harvey's Destruction Will Test Employers' Pay, Leave Policies

The National Law Journal

August 31, 2017

Top Five Employment Litigation Trends

Texas Center for the Judiciary Civil Justice Conference

March 2016

Federal Jury Clears Lindsey Management Co. of Alleged FLSA Violations

Northwest Arkansas Business Journal

October 1, 2014

The New Face of Discrimination: Increasing Government Regulations and Three Practical Suggestions For How to Deal with Them

Inside Counsel

May 21, 2012

Why Ethics Training Is the Cheapest Insurance Policy

Dallas Bar Association

September 1, 2010

Speaking Engagements

It’s the Story, Stupid: Preparing Your Case for the Win – Even Before You Hire a Lawyer

Littler Executive Employer, Phoenix, AZ

May 4, 2018

Transportation Roundtable

Littler Executive Employer, Phoenix, AZ

May 2, 2018

Preventing Workplace Discrimination and Harassment

Client Presentation

February 8, 2018

Employment Law Update

Client Presentation

January 17, 2018

Preventing Workplace Discrimination and Harassment

Client Presentation

December 21, 2017

The Trump Administration and Employers, Year One

Client Presentation

December 6, 2017

Ethical Issues For In House Counsel

San Francisco, CA

July 19, 2017

Employment Law Update

Dallas Bar Association’s Corporate Counsel Section, Dallas, TX

June 8, 2017

Shatter the Glass Ceiling, but Beware the Shards

Austin, TX

May 4, 2017

Best Practices for Addressing the Evolving Nature of Discrimination, Retaliation and Harassment

Littler webinar

December 7, 2016
2016 Employment Law Update

Dallas, TX

June 30, 2016
2016 Employment Law Update

Dallas, TX

June 8, 2016

The Limits of Work Time: What is Compensable Time?

The 2016 Executive Employer® Conference

May 5, 2016

Faculty Member

Civil Justice Conference

March 2016

Employment Law Update

Austin, TX

September 15, 2015
2015 Employment Law Update

Dallas, TX

June 11, 2015

Anti-Discrimination, Retaliation and Harassment Training

Client Presentation, Dallas, TX

December 2013
Avoiding Wage and Hour Liability: How to Minimize Your Legal Risk

Dallas, TX

October 17, 2013

Best Practices for Handling Employee Complaints

Client Presentation, Dallas, TX

October 16, 2013

The New Face of Discrimination

Labor & Employment Section - Dallas Bar Association

September 17, 2012
2012 Employment Law Update

Dallas, TX

June 27, 2012

Education

  • J.D., Southern Methodist University, 2003
  • B.S., University of Texas, Austin, 1990

Bar Admission

Texas

Courts

  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, 11th Circuit
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Arkansas
  • U.S. District Court, Eastern District of Arkansas