Kimberly Martin Picture
What Makes Martin & Martin Different?

Dedication to Our Clients."We do not run a 'litigation mill' taking on 100 cases at a time hoping a few are successful. We take on fewer clients with the goal of successfully representing them all.”
- Kimberly N. Martin

Atlanta Employment & Overtime Attorneys

Martin & Martin Brings Experience and Personal Attention

Martin & Martin, LLP is an Atlanta, Georgia law firm formed between daughter, attorney Kimberly Martin, coming from working at a large international law firm representing employers nationwide in all areas of overtime and employment laws, and father, attorney Thomas Martin, former senior hospital executive with over 28 years of experience running hospitals across the country.

In 2007, employment and overtime attorneys, Kimberly Martin and Tom Martin founded their boutique law firm, Martin & Martin, in Atlanta with the purpose of unapologetically aggressively fighting for what’s right. Together, they have built an award-winning law firm treating clients like family, passionately representing employees, as well as, a select number of small businesses in all areas of employment and wage & hour laws. To learn more about the firm, read About Us.

Martin & Martin's Representation of Employees. Passionate. Proven. Award-Winning.

What makes Martin & Martin different is that the firm’s Atlanta overtime attorneys accept fewer cases in order to provide personal attention to all aspects of those cases to obtain the greatest reward for their clients rather than accepting hundreds of cases and delegating them to paralegals and case managers. When the law firm, Martin & Martin, represents an overtime or employment law client, they aggressively fight for all of the damages that their client deserves - not just a small portion of those damages - and it's the firm’s overtime and employment law attorneys who are fighting for their clients, not non-lawyer assistants.

The firm’s attorneys have successfully represented employment law and overtime clients throughout the country, including a nationwide age discrimination case discussed in the New York Times; a failure to pay all wages case involving over 600 hourly employees; and in 2016, Atlanta employment law trial attorneys Kimberly Martin & her partner, Tom Martin, obtained the second highest jury verdict of the year in a sexual harassment and retaliation case in Georgia.

Through failure to pay overtime wages, misclassification of salaried employees, employment discrimination and retaliation, employee rights are violated every single day by employers throughout Georgia. Representing employees against employers who purposefully violate federal employment laws, experienced litigators, Atlanta employment law attorneys, Tom Martin and Kimberly Martin, truly believe that if it’s not right, you have to fight. Daily they are warriors for their clients who have claims of discrimination and retaliation, are harassed, targeted for wrongful termination, or illegally denied their proper overtime pay. With decades of experience, they represent their clients in all areas of employment and wage & hour laws, including claims pursuant to Title VII, ADA, ADEA, and FMLA. Atlanta overtime attorneys also represent their clients pursuant to the FLSA where they work to create an overtime damages calculation quickly so that their clients recover damages sooner.

To learn more about the practice areas the firm handles on behalf of employees, see the firm’s Overtime Law Overview and Employment Law Overview and then contact the firm’s Atlanta employment law and overtime attorneys directly by calling (404) 831-8721. If you would like to speak with attorney Tom Martin or attorney Kimberly Martin, they welcome you to contact them directly.

Martin & Martin’s Representation of
a Select Number of Small Businesses.
Knowledge. Experience. Realistic Gameplan.

Over the past 16 years, small business laws attorneys Tom Martin and Kimberly Martin have seen a need by Georgia small businesses looking for proven, experienced legal counsel at reasonable rates. In response to this need, Atlanta small business attorneys Tom Martin and Kimberly Martin began representing a select number of small businesses providing them with daily legal counsel in areas of contracts, employment law, and wage & hour law. Martin & Martin represents small businesses at the EEOC, DOL, arbitration, mediation, and litigation as well as serving as “in-house” counsel to their clients. Prior to becoming an attorney and forming Martin & Martin, Tom Martin spent 28 years as a senior healthcare executive protecting the interests of large hospital corporations. Meanwhile, attorney Kimberly Martin spent the five years prior to forming the firm working at large law firms representing employers in all areas of employment and wage & hour laws.

Small business laws attorneys Tom Martin and Kimberly Martin work to protect their small business clients from the financial devastation that can occur when a violation of law is alleged. They offer their clients reasonable hourly hours and monthly retainer rates that allow their small business clients to contact them anytime an issue arises without the worry of astronomical legal expenses. Learn more about the firm’s representation of small businesses at Small Business Laws Overview. And, if you are a small business looking for a free sample template of an employment law policy or form, see Georgia In-House Counsel.

Wage & Hour Violations

Wage & hour violations occur when an employer fails to properly pay employees time and one-half for all hours over 40 hours in a given workweek in violation of the Fair Labor Standards Act (FLSA). Typical violations under the FLSA include the failure to pay hourly workers for all hours worked, the misclassification of salaried employees as exempt, and the misclassification of workers as independent contractors instead of employees. Another typical violation includes when a restaurant illegally takes a portion of a server’s tips, requires them to participate in an invalid tip pool, or deducts an improper amount for credit card fees. The FLSA includes an anti-retaliation provision that makes it illegal for an employer to retaliate against an employee for complaining about FLSA violations. Learn more about the FLSA on the firm’s Wage & Hour Overview.

Employment Discrimination & Retaliation

Employers are prohibited from making employment decisions on the basis of the protected categories identified in Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. It is illegal for an employer to discriminate against an applicant or employee on the basis of that individual’s race, religion, gender, sexual orientation, or gender identity under Title VII. Pursuant to the ADEA, it is illegal for an employer to discriminate against an individual on the basis of age. Additionally, pursuant to both Title VII and the ADEA, it is illegal for an employer to retaliate against an individual on the basis of that individual’s complaint about violations of Title VII or the ADEA. The prohibition against discrimination on the basis of sex under Title VII includes pregnancy discrimination. This means that an employer may not base an employment decision the basis of an applicant’s or employee’s pregnancy. Learn more about employment discrimination on the firm’s Employment Law Overview.

Equal Pay Laws

There are two laws that prohibit discrimination in pay. These two laws are the Equal Pay Act (EPA) and Title VII of the Civil Rights Act. The EPA requires that men and women in the same workforce be given equal pay for equal work. Title VII also prohibits discrimination in the form of pay on the basis of not only sex, but also race, gender, religion, sexual orientation, or gender identity. Learn more about Equal Pay Laws.

Disability Discrimination & Failure to Provide Reasonable Accommodations

Disability discrimination under the Americans with Disabilities Act (ADA) (including the Amendments Act) encompasses discrimination on the basis of an applicant’s or employee’s disability, perceived disability, or record of disability. Additionally, the ADA requires employers to provide individuals with disabilities reasonable accommodations to access or participate in the application process or to assist them in performing the essential functions of their job. Reasonable accommodations under the ADA include flexible work schedules, permitting time off for doctor’s appointments, accessible parking, permitting short breaks throughout the day, etc. The ADA requires employers to participate in an interactive process with the employee to determine what reasonable accommodation would permit the employee with a disability to perform the essential functions of their position. Learn more about the ADA, reasonable accommodations, and disability discrimination and retaliation.

Family Medical Leave Act Violations

The Family Medical Leave Act (FMLA) requires employers to provide qualifying employees with up to 12 weeks of leave each calendar year. The FMLA permits a qualified employee to take the medical leave intermittently or consecutively. The FMLA permits leave for an employee’s serious health condition, to care for a family member’s serious health condition, or to care for a new born baby, newly adopted child, or a child placed with the employee through a foster care program. The FMLA makes it illegal for an employer to fail to provide this leave to a qualifying employee or fail to return the employee to their position or similar position upon return from FMLA leave. The FMLA also prohibits employers from retaliating against workers for requesting or taking FMLA leave. Learn more about the FMLA.

Sexual Harassment & Retaliation

Title VII of the Civil Rights Act prohibits sexual harassment in the workplace. There are two types of illegal sexual harassment in violation of Title VII. First, Title VII prohibits a hostile/harassing work environment. This includes offensive comments, jokes, discussions, actions, touching, etc. Sexual harassment includes harassment directed towards one’s gender, gender identity, or sexual orientation. Second, Title VII prohibits quid pro quo sexual harassment which is a demand for sexual actions in exchange for a favorable treatment, e.g., offer of a promotion in exchange for sex. Title VII also prohibits retaliation against an employee on the basis of the employee’s sexual harassment complaint. Learn more about Sexual Harassment.

Wrongful Termination

Wrongful termination occurs when an employer terminates an employee in violation of one of the federal employment laws. Examples of employment law wrongful termination include when an employer terminates an employee on the basis of race, gender, age, disability, for taking FMLA leave, etc. FLSA wrongful termination/whistleblower occurs when an employer terminates an employee for complaining about company violations of federal employment and wage & hour laws.

Small Businesses

For more information about the firm’s representation of a select number of small businesses see the firm’s Small Business Laws Overview and Georgia In-House Counsel. Martin & Martin can develop a real world gameplan to protect your small business while constantly ensuring that your hourly rates and retainer fees remain reasonable.

Meet the Attorneys
Kimberly Martin Picture
Kimberly Martin

A National Trial Lawyers Top 100 Civil Trial Lawyer in Georgia, Kimberly N. Martin co-founded the boutique law firm, Martin & Martin, in Atlanta, Georgia with the purpose of unapologetically aggressively fighting for what’s right....

Tom Martin Picture
Tom Martin

Georgia attorney, Thomas F. Martin, grew up in Queens, New York playing basketball at LaSalle Academy against the likes of Lew Alcindor (“Kareem Abdul-Jabbar”), prior to being highly recruited to play basketball for the United States Naval Academy at Annapolis, Maryland....

Client Testimonials
"Someone who fights for you! Hands down one of the better decisions I have made. Tom [Martin] came out fighting and didn't back down. Secured the victory but also took the time to let me know what to expect and when to expect it. I would highly recommend this Law firm. You will be glad you did." Scott T.
"Kimberly Martin was a life saver for me in my case from day one. My case was with a former employer and when I explained what was going on, she informed me that I had nothing to worry about. She was very compassionate, understanding and professional." D. Hopkins
"Thank you for your kindness and the tremendous effort you continued to exert on my behalf. I am humbled and grateful you stuck by me through it all. Appreciate you so very much!" M. Brown
Atlanta Overtime Lawyers Blog
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