Elizabeth Mincer practices in the area of traditional labor and employment. Ms. Mincer represents employers in litigation at both the state and federal level in a range of employment matters, including with respect to laws relating to labor and unionization, age, race, gender, and disability discrimination, sexual and racial harassment, and wage and hour. She represents employers before various administrative agencies, including the National Labor Relations Board, Equal Employment Opportunity Commission, Department of Labor, and Pennsylvania Human Relations Commission with respect to charges, audits, elections and investigations.
Ms. Mincer also advises employers on a range of workplace issues, including compliance with federal, state and local laws governing the workplace, and in particular the National Labor Relations Act. She assists employers by reviewing and drafting employee policies and handbooks, confidentiality and restrictive covenant agreements, and termination and severance agreements. She also conducts trainings for employers about various NLRA-related issues and union avoidance. Ms. Mincer advises clients in various sectors including education, healthcare, technology, construction, transportation and service industries.
In 2017, Ms. Mincer interned with Judge James A. Wynn of the Fourth Circuit Court of Appeals, and in 2016 she interned with President Judge Margherita Patti-Worthington of Monroe County.
Ms. Mincer is a 2018 graduate of William and Mary Law School, where she was awarded the Thomas Jefferson Prize for Best Note and the Hermann Prize for demonstrating great potential for contributing to the enhancement of the efficient administration of justice through the innovative use of technology. She was the technical coordinator of the William & Mary Bill of Rights Journal and a board member of the National Trial Team. She is a magna cum laude graduate of Smith College and a Teach for America alumna.
Representative Matters
Won labor arbitration and denial of grievance for non-profit organization in arbitration involving a contractual dispute about internal reorganization and the parties’ collective bargaining agreement.
First-chaired collective bargaining negotiations for successor CBA for media organization.
Represented national deathcare company in federal litigation and appeal involving a labor contract dispute over wage provision. Obtained full vacation of unfavorable arbitration award in federal district court, which decision the Third Circuit affirmed in 3-0 opinion.
Represented national staffing company in arbitration involving allegations of unlawful termination, discrimination, and retaliation, and obtained full dismissal of claims.
Represented healthcare organization before NLRB and obtained multiple dismissals of unfair labor practice charges involving a range of allegations, including unlawful termination and discipline of union-represented employees, unlawful unilateral changes, discrimination, and retaliation.
Represented dialysis companies in 30+ union-related election petitions over two-year period.
Represented international manufacturing company in federal lawsuit involving multiple alleged claims, including violation of whistleblower and disability discrimination laws. Obtained dismissal of majority of claims through summary judgment and obtained order to exclude all punitive damages.
Won labor arbitration and denial of grievance for municipal organization in arbitration involving termination of employee for cause (for verbal threat of violence).
Represented client before the NLRB in multiple unfair labor practice charges alleging unlawful layoffs and discrimination, and obtained withdrawal of majority of unfair labor practice charges, leading to settlement of remaining charges which client found favorable.
Prepared COVID-19 health and safety plan for multistate real estate company, and advised client on COVID-19-related requirements at state and local level.
Conducted diversity and inclusion training for company implementing new diversity and inclusion committee.
Represented employer in collective bargaining with Security, Police, and Fire Professionals of America International Union.
Represented technology company before the NLRB in multiple unfair labor practice charges alleging company had unlawfully discharged employees, and had maintained unlawful handbook policies. Obtained withdrawal of majority of charges.
Represented national deathcare company before the NLRB in unfair labor practice charges alleging unlawful layoff and obtained full withdrawal of the charges.
Represented addiction treatment center before the NLRB in unfair labor practice charge alleging retaliation due to union activity and obtained full withdrawal of charge.
Represented a beauty school in a union representation petition filed by Education Minnesota; the school prevailed in the union election 14 to 10, allowing it to remain union free going forward.
Won municipal trial and appeal for elderly client to remove squatters who were damaging and refusing to leave her family’s historic home.
Represented and obtained permanent resident status for South American family that sought asylum in the United States.
Represented and obtained permanent resident status for DACA recipient who was victim of domestic violence.
Favorably settled and resolved landlord/tenant dispute for non-English speaking Philadelphia resident.
Obtained Protection from Abuse order for client who had experienced extreme violence, and supported client through criminal prosecution of perpetrator.
Won SSI benefits for client with history of abuse and mental illness, who was experiencing homelessness at the time of her application.
Won trial for Protection from Abuse petition for client who had suffered years of domestic violence, which included order to confiscate defendant’s firearms for three years.
Pro Bono
Admissions
- Pennsylvania
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. Court of Appeals for the Third Circuit
Education
- William and Mary School of Law, J.D., 2018
- William and Mary Bill of Rights Journal
- Thomas Jefferson Prize for Best Note
- The Hermann Prize - Smith College, B.A., magna cum laude, 2013
Experience
Duane Morris LLP
- Associate, 2018-presentUnited States Court of Appeals for the Fourth Circuit
- Intern to the Hon. James A. Wynn, 2017Monroe County Court
- Intern to President Judge Margherita Patti-Worthington, 2016
Civic and Charitable Activities
Former Board Member of the Philadelphia Smith College Alumnae Club, planning events and fundraisers for young people, current students, and alumnae
Big Sister with the Big Brothers Big Sisters Program, mentoring young teenager living in Philadelphia
Selected Publications
- Co-author, "NLRB Reinstates 'Clear and Unmistakable Waiver' Standard for Unilateral Changes," Duane Morris Alert, December 17, 2024
- Co-author, "NLRB Makes Captive-Audience Meetings Illegal," Duane Morris Alert, November 19, 2024
- Co-author, "NLRB Further Restricts Employer Statements About Effects of Unionization, Overruling 40 Years of Precedent," Duane Morris Alert, November 18, 2024
- Co-author, "NLRB Judge Orders Starbucks to Give Union Employees Wage Increases in Catch-22 Case," Duane Morris Alert, October 31, 2023
- Co-author, "NLRB Significantly Broadens Joint-Employer Standard, Increasing Risk for Staffing Agencies, Franchisees and Other Entities," Duane Morris Alert, October 30, 2023
- Co-author, "NLRB Flips Responsibility for Filing Representation Election Petitions from Unions to Employers with New Refusal-to-Bargain Standard," Duane Morris Alert, August 30, 2023
- Co-author, "NLRB Develops New Standard for Assessing Legality of Employer Workplace Rules… Again," Duane Morris Alert, August 10, 2023
- Co-author, "A Look At 2023's Major NLRB Developments Thus Far," Law360, June 22, 2023
- Co-author, "NLRB Rings in New Year with Impactful Case Law and New Rules Employers Need to Know," Duane Morris Alert, January 9, 2023
- Co-author, "Expanding Employees' Protected Speech and Broadening the Definition of Employer, the National Labor Relations Board Implements Its Agenda in Full Force," Duane Morris Alert, September 23, 2022
- Co-author, "NLRB Likely to Bring Back Micro-Units, a More Narrow Definition of Independent Contractor and a Broader Definition of Joint Employer," Duane Morris Alert, January 20, 2022
- Co-author, "Philadelphia Provides Additional Time for Healthcare and Higher Education Institutions to Comply with Vaccine Mandate," Duane Morris Alert, October 18, 2021
- Co-author, "Philadelphia Announces New Indoor and Outdoor Mask Mandates Effective August 12," Duane Morris Alert, August 11, 2021
- Co-author, "Third Circuit Upholds National Labor Relations Board's Return to Pre-Obama Deferral Standard," Duane Morris Alert, July 22, 2021
- Co-author, "Pennsylvania and Philadelphia Announce Dates for Lifting Most COVID-19 Restrictions for Employers," Duane Morris Alert, May 28, 2021
- Co-author, "NLRB Withdraws Proposed Rule About Student Workers - What Does It Mean for Private Colleges and Universities?" Duane Morris Alert, April 30, 2021
- Co-author, "Pennsylvania and Philadelphia End Mandatory Telework," Duane Morris Alert, April 7, 2021
- Co-author, "NLRB Acting General Counsel Rescinds 12 Trump-Era Memorandums One Week After Appointment," Duane Morris Alert, February 5, 2021
- Co-author, "New Jersey Announces New COVID-19 Restrictions on Indoor and Outdoor Gatherings," Duane Morris Alert, November 23, 2020
- Co-author, "Federal District Court Strikes Down Pennsylvania Governor's COVID-19 Emergency Orders as Unconstitutional," Duane Morris Alert, September 18, 2020
- Co-author, "Pennsylvania Governor Issues New Order Pulling Back Reopening Efforts to Mitigate Increased Spread of Coronavirus," Duane Morris Alert, July 16, 2020
- Co-author, "New Jersey Announces Required Safety Protocols for Reopening Businesses," Duane Morris Alert, June 5, 2020
- Co-author, "Pennsylvania's Data-Driven COVID-19 Reopening Plan Begins with Counties in Yellow Phase," Duane Morris Alert, May 8, 2020
- Co-author, "Pennsylvania Extends Stay-at-Home Order Until May 8, but Eases Some Restrictions," Duane Morris Alert, April 20, 2020
- Co-author, "Pennsylvania Requires Employers to Implement Additional COVID-19 Workplace Safety Measures," Duane Morris Alert, April 16, 2020
- Co-author, "New Jersey and New York Governors Mandate Masks and Other Measures to Protect Workers and Citizens," Duane Morris Alert, April 15, 2020
- Co-author, "New Guidelines for New Jersey Construction, Retail, Warehouse and Manufacturing Sectors," Duane Morris Alert, April 9, 2020
- Co-author, "Construction During the COVID-19 Pandemic – Essential, Nonessential or What?" Duane Morris Alert, March 30, 2020
- Co-author, "NLRB Issues Final Rule on Joint-Employer Status and Returns to Pre-2015 Standard," Duane Morris Alert, February 27, 2020
Co-author, "Labor Department Increases Minimum Salaries Required to Meet FLSA Exemptions," Duane Morris Alert, September 25, 2019
Co-author, "New Jersey Joins the Salary History "Ban" Wagon," Duane Morris Alert, August 8, 2019
Co-author, "Washington State Enacts Salary History Ban," Duane Morris Alert, June 5, 2019
Co-author, "OP-ED: Changes Ahead – What Employers Need to Know About Expanded Paid Family Leave Benefits," NJBIZ, May 28, 2019
Co-author, "Dept. of Labor Proposes to Increase Minimum Salaries Required to Meet FLSA Exemptions," Duane Morris Alert, March 15, 2019
Co-author, "Philadelphia City Council Passes "Fair Workweek" Ordinance," Duane Morris Alert, December 11, 2018
Co-author, "Pennsylvania Supreme Court Rules Employers Have a Legal Duty to Protect Employees’ Personal Information from Data Breaches," Duane Morris Alert, November 28, 2018
Author, "Fifty Shades and Fifty States: Is BDSM a Fundamental Right? A Test for Privacy," March 2018
Co-author, "Assessing Politicized Sexual Orientation Identity: Validating the Queer Consciousness Scale," September 2016
Media Hits
- Quoted, "Proposed Rule Makes It Easier for Unions to Carry On," HR Magazine, November 7, 2022
Selected Speaking Engagements
- Speaker, "Mini Law School for Pennsylvania HR Professionals," National Business Institute Webinar, November 25, 2024
- Speaker, "The Presidential Election and The World of Work: What Could Go Wrong?" Duane Morris Institute (DMi) Webinar, October 7, 2024
- Speaker, "The Presidential Election and The World of Work: What Could Go Wrong?" Duane Morris Institute (DMi) Webinar, September 26, 2024
- Speaker, "The NLRB’s New Standard for Assessing Legality of Employer Workplace Rules," Duane Morris Institute (DMi) Webinar, September 12, 2023
- Moderator, "COVID-19: From Sea to Shining Sea: A Quick Update of U.S. and International COVID-Related Restrictions," Duane Morris LLP, Webinar, December 11, 2020
- Speaker, "NLRA Updates and Implications in the COVID-19 Era," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, November 10, 2020
- Presenter, "Whoa! Big Changes From the NLRB That Union and Non-Union Employers Need to Know," Duane Morris Institute (DMi) Webinar, February 11, 2020
- Presenter, "New DOL Overtime Rule and State Law Issues, Too!" Duane Morris Institute (DMi), Webinar, October 30, 2019
Speaker, "Labor Law Updates," Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 7, 2019