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Nicole A. Miller

Counsel   |   Phoenix

Nicole Miller’s employment and labor law practice includes extensive experience counseling employers and their management teams on a wide range of employment-related topics including coaching, discipline, and termination decisions; workers’ compensation reporting, retaliation, light duty, and return to full-duty; COVID-19 leave, vaccine policies, and return to work issues; the Americans with Disabilities Act (ADA) interactive process and reasonable accommodations; Family Medical Leave Act (FMLA) and other individual, family, and parental leaves including state disability-related leaves; employee pay, time recording, meal and rest periods, exempt employee classifications, and other wage and hour issues; independent contractor classifications; state paid sick leave and employer paid time off (PTO) policies; drug and alcohol testing; interviewing and hiring; investigating discrimination, retaliation and harassment claims; employee handbooks, employment policies, Occupational Safety and Health Administration (OSHA) and workplace safety policies, reporting, and investigations; reductions in force (layoffs and workplace relocations); group health and other benefit plans; management-employee relations and best practices; employee protected concerted activity, employment contracts, non-compete agreements, and claims against former employees.

Nicole has also conducted many investigations for private and public employers and institutions of higher learning regarding claims under the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act of 1967 (ADEA), OSHA and safety reporting retaliation claims, and Title IX of the Education Amendments Act of 1972.  She has also conducted training sessions for management on employment and labor-related subjects including Title VII of the Civil Rights Act, the National Labor Relations Act (NLRA), and the intersection between tribal, state, and federal employment and labor law.

Nicole is also an experienced litigator and has successfully defended employers claims under the Employee Retirement Income Security Act of 1974 (ERISA) as well as claims of discrimination, harassment, retaliation, wrongful termination, and wage and hour violations in state and federal administrative proceedings, in arbitration, and in state and federal court. She has defended employers against charges filed with the Arizona Civil Rights Division and the U.S. Equal Employment Opportunity Commission (EEOC) in several states. She has also handled safety reporting retaliation claims filed with the Industrial Commission of Arizona.

Nicole has also defended corporations and nonprofit corporations against claims of breach of contract, emotional distress, defamation, and other torts and she has successfully represented planned communities with respect to Fair Housing Act claims, covenants enforcement, and community interest law.

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