Cozen O’Connor: Miller, Emily S.

Emily S. Miller

Member

Philadelphia

(215) 665-2142

(215) 701-2308

Emily Miller concentrates her practice in the representation of management in labor and employment matters.

Emily represents employers in all aspects of labor and employment law, including federal and state proceedings involving equal employment opportunity laws, such as Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Uniformed Services Employment and Reemployment Rights Act, the Pennsylvania Human Relations Act, and the New Jersey Law Against Discrimination. She also represents employers litigating claims under the Fair Labor Standards Act and state wage and hour laws, where she has gained experience handling collective actions. She also has experience in litigating matters involving non-compete agreements.

Emily has experience handling public-sector labor relations issues, and has represented public housing authorities, municipalities, and other public entities in labor and employment matters. Her practice includes litigating First Amendment, due process and other constitutional claims.

Emily received her bachelor's and master's degrees in English from North Carolina State University, and is a graduate of Temple University's Beasley School of Law.

News

Cozen O’Connor Announces 2008 First Year Associates In Philadelphia

November 22, 2008

Cozen O'Connor has announced that its 2008 first year associates in the Philadelphia office have been admitted to the Pennsylvania Bar. These new associates were sworn in to the Bar by the Honorable Susan Peikes Gantman, Judge of the Superior Court of Pennsylvania. “We are quite proud of this energetic group and offer them congratulations as they embark on their legal careers as attorneys at Cozen O'Connor,” said Thomas A. Decker, president and CEO of Cozen O'Connor.

Publications

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

September 16, 2015

Hospitals and nursing homes may find themselves pulled into union elections or collective bargaining with staffing agencies, outside service providers and hitherto independent contractors.

Life After Browning-Ferris: What Employers Need to Know Under the New Joint Employer Regime [Labor & Employment Alert]

August 31, 2015

If Browning-Ferris withstands any proposed legislation and/or judicial review, the contours of the new test will continue to emerge for years to come as parties litigate the many issues it raises. In the meantime, unwitting employers could find themselves hauled to the bargaining table, and drawn into unfair labor practice charges, as joint employers.

NLRB General Counsel Offers Glimpse Into the Board’s Approach to Employee Handbooks [Labor & Employment Alert]

March 26, 2015

In a move that should remind all employers (whether unionized or non-unionized) to regularly review their employee handbooks, Richard F. Griffin, the General Counsel of the National Labor Relations Board (Board or NLRB), recently issued a memorandum addressing the kind of handbook language that could run afoul of the National Labor Relations Act.

No Mouthpiece, No Privilege: Pennsylvania Superior Court Holds that the Attorney-Client Privilege Does Not Survive the Dissolution of a Business Entity [The Temple 10-Q]

March 12, 2015

In an article titled “No Mouthpiece, No Privilege: Pennsylvania Superior Court Holds that the Attorney-Client Privilege Does Not Survive the Dissolution of a Business Entity,” Emily Miller, an associate in Cozen O’Connor’s Labor & Employment Department, discusses a recent Superior Court of Pennsylvania decision which held for the first time that the attorney-client privilege dissolves along with the business, rendering previously privileged documents and communications subject to discovery.

Mandatory Sick Leave Becomes the Law in Philadelphia [Labor & Employment Alert]

February 13, 2015

By late-Spring, employers within the city of Philadelphia will be required to offer sick leave to employees. On February 12, 2015, Philadelphia City Council passed Bill No. 141026 (as amended), and Mayor Michael Nutter signed it into law shortly thereafter. The ordinance requires employers with 10 or more employees in Philadelphia to provide paid sick leave, while those with less than 10 employees (for at least 40 weeks in a calendar year) will be required to provide unpaid sick leave. This Alert offers an overview of the ordinance, warns of hidden traps to avoid, and provides information on steps employers should take now to ensure compliance.

2014/2015 Labor and Employment Observer

December 31, 2014

The 2014/2015 Labor and Employment Observer looks back at significant developments in labor and employment law over the past year and forward to what employers can expect in 2015.

Supreme Court Cans Three Obama Recess Appointments to the National Labor Relations Board [Labor & Employment Alert]

June 26, 2014

The U.S. Supreme Court today released its much-anticipated opinion in National Labor Relations Board v. Noel Canning, holding that President Obama exceeded his authority in appointing Sharon Block, Richard Griffin, and Terrence Flynn to the NLRB during a three-day recess of the Senate. Because the appointments were invalid, only the two previously appointed members of the board could legitimately conduct board business, which is insufficient to constitute the necessary quorum. By affirming the decision of the D.C. Court of Appeals, the Supreme Court struck down the board’s decision in Noel Canning — and implicitly invalidated all other decisions rendered by the Block/Griffin/Flynn/Pearce/Hayes-constituted board.

Pennsylvania Employers’ FMLA Obligations in Light of Recent Ruling on Same-Sex Marriage [Labor & Employment Alert]

May 23, 2014

This week, Pennsylvania became the 19th state to extend the right to marry to gay and lesbian couples when a federal judge struck down as unconstitutional a 1996 statute defining marriage as “[a] civil contract by which one man and one woman take each other for husband and wife.” The same statute stated that a same-sex marriage entered into in a state recognizing such marriage “shall be void in this Commonwealth.” Governor Tom Corbett’s announcement that he would not appeal the decision cements Pennsylvania’s new status and heralds a new era for Pennsylvania employers. Here is what you need to know in light of this significant change in the law.

Supreme Court Holds That Items of Protective Clothing Are ‘Clothes’ For Purposes of the FLSA [Labor & Employment Alert]

January 28, 2014

The U.S. Supreme Court yesterday released its much-anticipated decision in the case of Sandifer v. United States Steel Corporation, and held that Section 203(o) of the Fair Labor Standards Act (FLSA) — which allows parties to a collective bargaining agreement to decide for themselves through negotiations whether “time spent in changing clothes … at the beginning or end of each workday” is compensable — applies to articles of protective clothing such as flame-retardant jackets, pants, hoods, snoods, wristlets, leggings, hardhats, work gloves and steel-toed boots.

2013/2014 [Labor and Employment Observer]

January 01, 2014

We are pleased to provide you with our 2013/2014 Observer, which looks back at the developments in labor and employment law over the past year and forward to what employers can expect in 2014.

Love Conquers All [Today's General Counsel]

September 25, 2013

What could be better than new love, except perhaps secret new love? Few in the throes of budding romance are willing to acknowledge the possibility that what is sweet now might sour later, let alone eventuate in a lawsuit. But when the romance in question is between co-workers, and especially where there is a supervisory relationship involved, the company hosting their courtship should take protective measures once the relationship comes to light. Otherwise, what began as an innocent (or not-so-innocent) dalliance could end in a nasty and costly lawsuit.

High Profile Decision Deals Blow to Unpaid Internship Programs [Labor & Employment Alert]

June 14, 2013

Many companies with unpaid internship programs have been closely watching a case filed by unpaid interns who worked on the film Black Swan, and this week, the outlook turned grim. The U.S. District Court for the Southern District of New York ruled that two of the named interns in the case were employees of Fox Searchlight Pictures (Fox) under the Fair Labor Standards Act (and the New York Labor Law) who should have been paid for the hours they worked.

Early Retirees May Receive Unemployment Compensation, Pennsylvania Supreme Court Rules [Labor and Employment Alert]

January 08, 2013

For more than 20 years, Pennsylvania retirees who accepted an early retirement incentive plan have been denied unemployment compensation benefits under the Unemployment Compensation Law (UC law). The Supreme Court of Pennsylvania departed from well-established precedent on December 28, 2012, opening the door for early retirees to qualify for unemployment compensation.

2012/2013 [Labor and Employment Observer]

January 01, 2013

We are pleased to provide you with our 2012/2013 Observer, which looks back at the developments in labor and employment law over the past year and forward to what employers can expect in 2013.

NLRB Issues Decision Protecting Union Coffers [Labor and Employment Alert]

December 21, 2012

Historically, employers have been free to discontinue union dues check-off arrangements upon the expiration of a collective bargaining agreement. The National Labor Relations Board (NLRB) changed that long-standing rule on December 12, overturning 50 years of precedent and ruling employers must honor dues check-off arrangements until the parties execute a new collective bargaining agreement or reach a bargaining impasse. The fact that this decision came just one day after Michigan joined the ranks of Right-to-Work states, by banning requirements that non-union employees pay union dues, raises the question of whether the NLRB is seeking to give where state legislatures take away.

Asking Employees to Keep Mum During Internal Investigations Could Constitute an Unfair Labor Practice, NLRB Rules [Labor and Employment Alert]

August 02, 2012

Asking Employees to Keep Mum During Internal Investigations Could Constitute an Unfair Labor Practice, NLRB Rules - Labor and Employment Alert - The National Labor Relations Board took another step into territory most employers previously assumed was safe when it decided on July 31 that a general rule requiring confidentiality during an internal investigation into an employee complaint constitutes an unfair labor practice.

Third Circuit Establishes New Test for "Joint Employers" [Labor and Employment Alert]

July 02, 2012

Third Circuit Establishes New Test for "Joint Employers" - Labor and Employment Alert - A determination that a company is a “joint employer” can dramatically increase its potential exposure to liability under the Fair Labor Standards Act, because joint employers can be held responsible for each other’s violations of the law.

Philadelphia's Sick Leave Ordinance Takes Effect July 1 [Labor and Employment Alert]

June 25, 2012

Philadelphia's Sick Leave Ordinance Takes Effect July 1 - Labor and Employment Alert - Beginning July 1, 2012, certain employers within the city of Philadelphia will be required to provide up to 56 hours of paid sick leave for their regular full-time employees each year.

Supreme Court Approves Treatment of Pharmaceutical Sales Reps as Exempt from Overtime Under the FLSA [Labor and Employment Alert]

June 19, 2012

Supreme Court Approves Treatment of Pharmaceutical Sales Reps as Exempt from Overtime Under the FLSA - Labor and Employment Alert - The U.S. Supreme Court has issued its much-anticipated opinion on whether pharmaceutical sales representatives can properly be treated as exempt from overtime under the Fair Labor Standard Act’s “outside salesman” exemption.

DOL Issues Proposed Regulations Regarding FMLA Entitlement for Military Families and Airline Flight Crew Members [Labor and Employment Alert]

February 01, 2012

DOL Issues Proposed Regulations Regarding FMLA Entitlement for Military Families and Airline Flight Crew Members - Labor and Employment Alert - On January 30, 2012, the U.S. Department of Labor (DOL) issued proposed regulations to implement
amendments to the Family and Medical Leave Act (FMLA) that were passed in 2009. These amendments cover “qualifying exigency leave” and “military caregiver leave” available to military families under the FMLA.

From the Experts: Unpaid Internships' Swan Song? [Corporate Counsel]

November 10, 2011

From the Experts: Unpaid Internships' Swan Song? - Corporate Counsel - Two men who worked as unpaid interns on the 2010 Oscar-nominated film "Black Swan" have sued the film's production company for allegedly violating the FLSA and the New York Labor Law.

Winter 2011 [Labor and Employment Observer]

February 18, 2011

Our Winter 2011 Labor and Employment Observer covers topics of interest to in-house counsel, human resources professionals, and corporate management.

Summer 2010 [Labor & Employment Observer]

July 01, 2010

Our Summer 2010 Labor and Employment Law Observer covers topics of interest to in-house counsel, human resources professionals and corporate management.

Supreme Court Holds Two-Member NLRB Had No Authority to Act [Labor and Employment Alert!]

June 18, 2010

Supreme Court Holds Two-Member NLRB Had No Authority to Act - Labor and Employment Alert! - On June 17, the U.S. Supreme Court released its much anticipated decision on whether the National Labor Relations Board (NLRB) has the authority to decide cases with a complement of only two Board members. In a 5-4 decision, the Court held in New Process Steel, L.P. v. NLRB, 560 U.S. ___ (2010), that the National Labor Relations Act (NLRA) does not grant a two-member Board authority to act.

Fall 2009 [Labor and Employment Observer]

October 01, 2009

We are pleased to present the latest edition of the Labor and Employment Observer. We hope you find this issue both useful and informative.

New Interim Final Rule Sheds Light on Compensation Restrictions for TARP Recipients [Labor and Employment Alert!]

June 16, 2009

New Interim Final Rule Sheds Light on Compensation Restrictions for TARP Recipients - Labor and Employment Alert! - Entities which have received money through the
Troubled Asset Relief Program (“TARP”) must take note of recently released guidance from the Department of Treasury (“Department”), because it clarifies changes in the way certain employees can be compensated. On June 15, 2009, the Department’s interim final rule regarding standards for
executive compensation and corporate governance under TARP was published in the Federal Register.

Employment Risks to Consider in a Challenging Economy [The Legal Intelligencer]

June 15, 2009

Employment Risks to Consider in a Challenging Economy - The Legal Intelligencer - Companies operating in these challenging economic times might have to navigate a number of pressing
issues in order to weather the storm. Before making hasty employment-related decisions, companies
would be wise to analyze the legal ramifications of such decisions, especially when it comes to
reductions in force.
This article will address five legal risks that an employer should consider before reducing its workforce.

Economic Stimulus Package Likely to Boost Whistleblower Claims [Labor and Employment Alert!]

March 09, 2009

Economic Stimulus Package Likely to Boost Whistleblower Claims - Labor and Employment Alert! - Attention, employers: The economic stimulus plan
that President Obama signed into law on February
17, 2009 takes effect March 19, 2009, and contains
significant new whistleblower protections that will catch the
unwary by surprise.

Winter 2009 [Labor and Employment Observer]

January 01, 2009

Our Winter 2009 Labor and Employment Law Observer covers a multitude of topics of interest to -in-house counsel, human resource professionals and corporate management. Many of these articles are particularly timely given the changing political climate and current difficult economic environment.

NJ Appellate Court Rules That Employers May be Liable for Co-Worker Harassment [Labor and Employment Alert!]

October 08, 2008

A New Jersey court of appeals recently made employers’ New Jersey Law Against Discrimination (LAD) defense toolbox significantly lighter. Until recently, New Jersey courts were silent on whether an employer could be held liable for harassment by a nonsupervisory co-worker, about which the company had no knowledge. This led some employers to believe that such liability would not attach as a matter of law.

Events & Seminars

Past Events

Critical Employment Law Issues for 2015

November 05, 2014 - Philadelphia, PA

Education

  • Temple University—James E. Beasley School of Law, J.D., 2008
  • North Carolina State University, M.A., 2003
  • North Carolina State University, B.A., 1999
  • New Jersey
  • Pennsylvania
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- New Jersey