J. Larry Stine

Senior Principal

Greater Atlanta Area

Media Features

Millennium Magazine, Larry Stine Feature

J. Larry Stine, a Senior Principal in the Firm and an AV rated attorney, enjoys a diverse practice in which he covers a broad range of labor and employment matters. Larry is the former Region IV Counsel for OSHA in the Office of the Solicitor for the U.S. Department of Labor. He is nationally known for his expertise in Occupational Safety and Health (OSHA), wage and hour laws (including FLSA, DBRA, SCA, and state laws) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA.) He is co-author of Wage and Hour Law: Compliance and Practice (West Publishing 1995 to date) and Occupational Safety and Health Law: Practice & Compliance (West Publishing 2008 to date).

Providing clients with the information and guidance they need to avoid controversies is Larry’s first line of defense. This role starts with regulatory impact analysis and keeping clients abreast of developments. He also focuses on litigation prevention through counseling, compliance audits and training, and through assisting employers with developing workplace policies and procedures to comport with all State and Federal laws and regulations including those directed at government contractors by the Office of Federal Contract Compliance Programs (OFCCP.) Larry also provides executive leadership and management training, and helps clients design effective systems for personnel management and review.

Litigation Experience

Larry’s litigation experience includes defending employers against individual, class and collective actions in Federal and State court, before Administrative tribunals, as well as in arbitration and mediation. In OSHA matters, Larry focuses on ensuring that employers do not accept citation items and penalties that are not proper. These skills were on display in his negotiated settlement of the largest OSHA case in history which included approximately 5000 citations. Some of his more recent reported matters include:

Federal Court Cases:

Albritton et al. v. Cagle’s Inc., 508 F.3d 1012, 1017 (11th Cir.2007)
Anderson v. Cagle’s, Inc., 488 F.3d 945 (11th Cir. 2007). cert. denied, 128 S.Ct. 2902 (2008)
Brooks v. Cagle’s, Inc., No. 4:07-CV-0036 (June 23, 2008);
Bertrum et al. v. Cagle s, Inc., No. CV-05-RRA-1133-M (N.D. Ala., Nov. 13, 2008)
Jenkins v. Harrison Poultry, Inc., No. 2:07-CV-00058-WCO (N.D. Ga. July 29, 2008)
White v. Tip Top Poultry, Inc., No 1:07-CV-101 (N.D. Ga., Oct. 7, 2008)
Clark, et al. v. Tip Top Poultry, Inc., No. 1:07-CV-1155 (N.D. Ga., Feb. 13, 2009)
Matter of Crider Poultry, Inc., 2010 WL 1524571 (SD Ga. 2010)
Israel v. Raeford Farms of Louisiana, LLC, No. 5:06 CV 1999 (WD La. 2011)
Atkinson v. House of Raeford Farms, Inc., 2011 WL 1526605 (D.S.C. 2011)
Perez v. Mountaire Farms, Inc., 650 F.3d 350 (4th Cir. 2011) – FLSA donning and doffing case
Fulford v. Alligator River Farms, LLC, 858 F.Supp.2d 550 (E.D.N.C. 2012) – MSPA and Title VII – summary judgment granted to Defendants on all counts but poster count (E.D.N.C. 2013)
Secretary of Labor v. Southern Pan Services, 2014 WL 7338403 (OSHRC 2014)
Hernandez-Hernandez v. Hendrix Produce, Inc., 2014 WL 953503
Barton v. House of Raeford, 745 F.3d 95 (4th Cir. 2014)
Hamilton v. Diversicare Leasing Corp., 2014 WL 4955799
Fortson v. Columbia Farms Feed Mill, 34 F. Supp. 3d 1302 (2014)
Fortson v. Carlson, 618 Fed. Appx. 601 (11th Cir. 2015)
Allen v. Hamill, 2015 WL 12697643
EEOC v. J & R Baker Farms, LLC, 2015 WL 7185534
Perez v. Jasper Contractors, Inc., 2016 WL 10988805
Herrera-Velazquez v. Plantation Sweets, Inc., 2016 WL 183058
Galvan v. San Jose Mexican Restaurant, et al, 2016 WL 6205783
U.S. v. Mar-Jac Poultry, 2016 WL 10567962
In the Matter of Mar-Jac Poultry, Inc., 2016 WL 8938586
Secretary of Labor v. Action Electric Company, 868 F.3d 1324 (11th Cir. 2017)
Gallardo v. Los Portales Volivar, LLC, 2017, WL 913805
Zevallos v. Stamatakis, 2017 WL 6262012
Jones v. Triple Z, Inc., 679 Fed. Appx. 986 (11th Cir. 2017)
Acosta v. Jasper Contractors, Inc. 2017 WL 8186721
Young v. Columbia Farms, 2018 WL 4214374
Castillo v. Western Range Association, et al, 2018 WL 893862
US v. Mar-Jac Poultry, Inc., 756 Fed. Appx. 856, (11th Cir. 2018)
Llauca v. Western Range Association, et al, 930 F.3d 1161, (10th Cir. 2019)

Occupational Health & Safety Review Commission Cases:

Secretary of Labor v. Precision Concrete Construction, 2001 WL 422968 (OSHRC 2001)
Secretary of Labor v. Southern Pan Services, 2014 WL 7338403 (OSHRC 2014)
Secretary of Labor v. Watson, 2006 WL 2641337 (OSHRC 2006) – Award of Equal Access to Justice Act attorney fees to employer.
Secretary of Labor v. Cagle’s, Inc., 2006 WL 4916424 (OSHRC 2006)
Secretary of Labor v. Cagle’s, Inc., 2006 WL 2885055 (OSHRC 2006)
Secretary of Labor v. Joseph Watson, d/b/a Joseph Watson Masonry, 2006 WL 4404089 (OSHRC 2006)
Secretary of Labor v. Cagle’s, Inc., 22 OSH Cas. (BNA) 1185, 2008 OSHD (CCH) P 32948
Secretary of Labor v. Cagle’s Inc., 2007 WL 3008262 (OSHRC 2007)
Secretary of Labor v. Burford’s Tree, Inc., 22 OSH Cas. (BNA) 1948, 2010 OSHD (CCH) P 33046
Secretary of Labor v. M.C. Dean, Inc., 2011 WL 2567258 (OSHRC 2011)
Secretary of Labor v. Jim Boyd Construction, 2013 WL 5505281 (OSHRC 2013)
Secretary of Labor v. Piedmont Mechanical, Inc., 2013 WL 5505282 (OSHRC 2013)
Secretary of Labor v. Southern Pan Services Co., 2014 WL 7338403 (2014)
Secretary of Labor v. Action Electric Company, 2016 WL 3747113 (OSHRC 2016)
Secretary of Labor v. Jim Boyd Construction, 2016 WL 8201805 (OSHRC 2016)
Secretary of Labor v. Mid-South Waffles, Inc., 2019 WL 990226 (OSHRC 2019)

In addition to advising employers in industries too numerous to name here, Larry advises national trade associations in the lumber, furniture, apparel, health care and food processing industries, and state trade associations in the poultry, trucking, nursing home and textile industries.

Education

Larry graduated cum laude from both the University of Georgia and its law school where he was Senior Editor of the Georgia Law Review. He is admitted to practice in Georgia and in U.S. District Courts in Arkansas, Florida, Colorado, Texas and Tennessee, the U.S. Supreme Court, and the 4^th, 5^th, 6^th, 10^th, and 11^th Circuit Court of Appeals. He is a regular speaker on OSHA and wage & hour issues and former Editor of several trade publications including: Safety & Health Newsletter for Associated Builders & Contractors of Georgia; OSHA Alert for American Furniture Manufacturers Association; OSHA Alert for Georgia Poultry Association; and, Employment and Labor Law Section Newsletter -- Georgia Bar Association.

J. Larry Stine's Latest Resources

September 12, 2024

TIPS: A Fresh Look at Tip Tax Exemptions & Their Implications

Have we reached the “tipping point”? Both Presidential candidates proposed to exempt tips from tax, and a Texas court just invalidated the Biden Administration’s revamped rules on the FLSA’s tip credit exemption. So, it’s a good time to take a fresh look at this question, considering not just the law, but also the practicalities. Our partners, Larry Stine and Les Schneider have worked extensively with clients in the hospitality industry and will explain the status quo, make predictions, and of course entertain your questions.