Sam
J. Smith practices complex class,
collective action, and multiparty
litigation in the fields of
wage and hour law, employment
discrimination and civil rights.
Martindale-Hubbell has assigned
Sam its "AV" rating, indicating
very high to preeminent legal
ability and very high ethical
standards as established by
the confidential opinions of
members of the Bar. Sam was
selected by his peers for inclusion
in the 2009 and 2010 editions of The Best
Lawyers in America in the field
of Labor and Employment Law.
In 2008, 2009, and 2010 Sam was also designated
by his peers as a SuperLawyer
as published in Florida Monthly
/ Law and Politics Magazine. In 2010, Sam was identified as a Florida Legal Elite by Florida Trend Magazine, and was selected by Tampa Bay Magazine for its 2010 Top Lawyer List.
Sam
is a
Florida
native, born in
Miami
in 1959. He obtained his undergraduate
degree in electrical engineering
from the
University
of
Central
Florida
, summa
cum laude, in 1986, and earned
his law degree from
Florida
State
University
,
summa cum laude, in 1989. At
FSU
Law
School
,
Sam was the Executive Writing
Editor for the Law Review and
a member of the Order of the
Coif.
Before joining
Charles Burr in practice, Sam practiced law at the Law Office of Thomas A.
Warren in Tallahassee, Florida, where he represented employees in Haynes v.
Shoney's Inc., No. 89-30093-RV (N.D. Fla. 1993), a race discrimination class
action filed in Pensacola, Florida. The Shoney's class action plaintiffs
obtained a recovery of $132.5 million, one of the largest monetary recoveries
ever awarded in a Title
VII
case
as of that date. Sam also teamed with co-counsel to obtain class
certification for more than 160,000 female current and former employees of
Publix Super Markets suing for discrimination against female employees in
various job benefits, including promotions, allocation of hours, job
assignments, job advancement, pay and employment opportunities. In 1997, the
court approved Publix' settlement of the case for $81.5 million in monetary
relief and extensive injunctive relief. Sam has also litigated and resolved
numerous multimillion dollar Equal Pay Act and Fair Labor Standards Act equal
pay and overtime pay collective action suits. He sued the Adam's
Mark
Hotel
on behalf of individuals who experienced discriminatory treatment while
attending their Black College Reunion, resulting in a settlement of $2.1
million, $600,000.00 of which was earmarked for black colleges in
Florida
. His efforts
on behalf of the plaintiffs in Adam's Mark earned Burr & Smith, L.L.P.
the award for Outstanding Service in Public Accommodations law from the
Washington Lawyers' Committee on Civil and Urban Rights. Sam has also received a
"Foot Soldiers"
Award from the NAACP for his advocacy on behalf of African Americans.
Sam is a former
co-chair of the Federal Labor Standards Legislation committee of the American Bar Association, a former FLSA subcommittee of the American Bar Associations’ Labor and
Employment Section and the Legislative Liaison for the Wage and Hour
Committee of the National Employment Lawyers Association. Sam is the Associate Editor of the
Supplements to The Fair Labor Standards Act (Gallagher, Ed.-In-chief); Chapter
Editor of the Florida Chapter to the State Wage & Hour Laws (McGillivary,
Ed-In-Chief); and an Author of Chapter 23, "Employment Agencies" in
an update to Employment Discrimination Law (Weirich & Dardarian,
Editors-in-Chief). In
May 2009, Sam and his partner Marguerite Longoria published an article
on overtime protections for drivers of light-weight vehicles in the
Florida Bar Journal. Sam regularly makes
presentations to attorneys and human resource officials nationwide on the
FLSA and
Florida
wage & hour law.
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