Tracy A. Miller

Shareholder | Phoenix

Tracy Miller represents management in all facets of labor and employment law and civil rights, including wage and hour law, employment discrimination law, wrongful termination, executive employment contracts, trade secrets/noncompete agreements, sexual harassment, drug and alcohol testing, and personnel policies and manuals. She also provides counseling to employers on litigation avoidance by concentrating on preventive measures and designing strategies to ensure compliance with state and federal laws. Tracy also represents management in various labor and employment litigation matters, including hearings and trials in state and federal trial appellate courts and before government agencies.

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Education & Admission

Professional Activities

Speeches

Corporate Labor and Employment Counsel Exclusive – “Wage and Hour Wake Up: The Biggest Areas of Concern for In-House Counsel” – Phoenix – November 9, 2023
Workplace Strategies Seminar – “Tales From the Trenches: Document Disasters … and How to Prevent Them” – San Diego – May 12, 2023
Workplace Strategies Seminar – “Performance Management Documentation—The Key to Litigation Avoidance” – Phoenix – May 6, 2022
Corporate Labor and Employment Counsel Exclusive – “Investigation Insights: Round 3—Government Investigations” – New Orleans – November 14, 2019
Ogletree Deakins Workplace Strategies Seminar – “Documentation Deep Dive: Improve Your Performance Management Practices and Documents” – Las Vegas – May 1, 2019
Ogletree Deakins Seminar – “Less Than Zero? A Pragmatic Approach to Enforcing Sexual Harassment Policies in the Wake of the #MeToo Movement” – Scottsdale – October 26, 2018
ACC Program – “The Final Overtime Regulations: What the New Minimum Salary Requirement Means for Employers” – Phoenix – December 8, 2016
C4CM Audio Conference – “Overtime Injunction! Handling Planning, Employee Communications and Strategies for the Overtime Overhaul” – November 29, 2016
Ogletree Deakins Webinar – “Best Practices in the Wake of the Overtime Rule Injunction: How Employers can Launch a Quick Plan of Action” – November 29, 2016
Ogletree Deakins Workplace Strategies Seminar (moderator) – “More Wage and Hour Suits (And Enforcement) Than Ever? Really?” – Chicago – May 2016
Ogletree Deakins Seminar – “Employment Updates” – Phoenix – January 26 – 27, 2016
Ogletree Deakins Seminar – “Latest Developments in Wage & Hour Law: The Shifting Landscape of Overtime Exemptions and Independent Contractors” – Scottsdale – September 25, 2015
AZ Restaurant Association – “Top Ten Employment Mistakes Restauranteurs Make (And How to Avoid Them)” – Phoenix, Tucson – August 31, 2015
Ogletree Deakins Workplace Strategies Seminar – “You’re Not the Boss of Me” – San Antonio – May 14 – 15, 2015
Wholesale Retail Group Conference – “Living Wages – Ethical, Legal, Economic and Practical Issues” – San Diego – April 21 – 22, 2015
Managing a Workforce in 2015 – “A Regulator’s Perspective on Employment Laws and Enforcement Trends” – Scottsdale – October 3, 2014
Ogletree Deakins Seminar – “DOL Wage and Hour Investigations, Regulations, and Litigation: Everything Old Is New Again” – Scottsdale – October 3, 2014
AZSHRM 2014 Employment Law and Legislative Conference – “To Audit or Not to Audit” – Phoenix – February 26, 2014

Published Works

Media Quotes

January 18, 2022 – Bloomberg Law – “Punching In: Nominee’s Past Shows Dangers of New Overtime Rule”
August 24, 2020 – SHRM Online – “DOL Provides Guidance on Tracking Telecommuters’ Work Hours”
November 15, 2019 – Arizona Big Media – “Here’s how to prepare for new overtime rules in 2020”
July 9, 2019 – SHRM Online – “Can an Employee Turn Down a Pay Raise?”
May 16, 2019 – Arizona Big Media – “10 unacceptable office behaviors you used to get away with”
May 16, 2016 – AZ BIG MEDIA – “Businesses may be forced to reveal pay practices”
July 20, 2015 – Arizona Commercial Real Estate Magazine – “DOL cracks down on illegal practices in construction industry”
July 7, 2015 – Arizona Republic – “Proposal could extend overtime pay to 100,000 Arizonans”
June 30, 2015 – Phoenix Business Journal – “How employers might skirt new Obama overtime rules”
May 13, 2014 – Phoenix Business Journal – “Most Hiring Managers Say They Look At Applicants' Social Media Posts”
March 13, 2014 – Phoenix Business Journal – “Wage Lawsuits Against Businesses on the Rise”
March 12, 2014 – Phoenix Business Journal – “Obama Looks to Expand Overtime Rules, Could Follow California Model”
July 10, 2012 – Law360 – “Ariz. Court Says Employer Not Liable For Biz Trip Car Crash”
April 6, 2012 – Phoenix Business Journal – “Improved Job Market, Restructuring Spark Worker Claims”
April 6, 2012 – Phoenix Business Journal – “Salaried Workers Get Squeezed”
July 22, 2011 – Phoenix Business Journal – “Employee Firings Must Be Handled Carefully”
November 26, 2010 – Phoenix Business Journal – “Common Missteps Employers Make When Dealing with Accommodations”
June 25, 2010 – Phoenix Business Journal – “Unpaid Internships Full of Pitfalls”
May 2, 2010 – Arizona Republic – “Social media raise red flags for employers”

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Tracy A. Miller

More About Tracy A. Miller

Education & Admission

Education

Admission to Practice

Professional Activities

Speeches

Published Works

Media Quotes

Honors & Awards

Insights by Tracy A. Miller

DOL Reissues Opinion Letter Eliminating the 80/20 Rule

FAQs on the Final Overtime Regulations

Arizona Supreme Court Limits Employer’s Vicarious Liability for Employee’s Off-Duty, On-Location Assignment Car Accident

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