Kurt A. MillerKurt Miller Clark Hill
Kurt A. Miller
Kurt A. Miller represents management in labor and employment matters. He defends employers against claims of harassment and discrimination, breach of contract, and wrongful discharge. He also litigates unfair competition claims.
He has represented numerous companies in the defense of wage-hour claims, including claims under the Fair Labor Standards Act and state wage-payment laws. He has also litigated, on behalf of employers and employee benefits plans, ERISA claims for alleged wrongful denial of benefits, breach of fiduciary duty, and interference with protected rights.
Kurt has prosecuted and defended all types of unfair competition litigation, including cases of alleged breach of non-competition and confidentiality agreements, misappropriation of trade secrets, breach of fiduciary duty, and trademark infringement. He is a frequent lecturer, for the Pennsylvania Bar Institute and other professional organizations, on topics relating to the law of unfair competition and non-competition agreements.
Kurt has also worked extensively in the more traditional areas of labor law, including the negotiation and administration of collective bargaining agreements, grievance arbitration, and litigation before the National and Pennsylvania Labor Relations Boards. He counsels clients throughout the United States with regard to positive employee relations and union avoidance.
The clientele that Kurt represents comes from a broad variety of industries, including equipment manufacturers, hospitals and nursing homes, transportation and logistics firms, steel tube manufacturers, airlines, real estate appraisal and title management firms, trucking companies, amusement parks, background investigation firms, mushroom farms, municipalities, and public libraries.
Kurt has practiced law with Clark Hill since his admission to the bar in 1982. He became a partner in the firm in 1991 and is a former Chairman of the firm’s Labor and Employment Law practice group.
Publications / Presentations
- “Hot Labor and Employment Topics for Human Resources in 2014" and “Social Media in the Workplace,” CHTR Employment Law Conference, October 2013.
- “What to Expect During President Obama’s Second Term,” Working PArts magazine, December 2012/January 2013 edition.
- Presenter, "Mitigating Legal Risk in a Recovering Economy," Financial Executives Institute, Pittsburgh Chapter Meeting, Technical Session, April, 2010.
- "Defending Restrictive Convenant Claims," PBI Seminar, January 2009.
- “Potential Ramifications of the Employee Free Choice Act,” Communique, October 2008. Author of "Union Avoidance Handbook for Small Businesses."
- "Trade Secrets and Restrictive Covenants: Keeping Your Secrets Safe & Your Employees Honest,” PBI Employment Law Institute West; November 18, 2004.
- "A Practical Guide to Employment Non-Competition Agreements,” Communiqué, September 2004.
- "U.S. Supreme Court Invalidates FMLA Regulation,” Allegheny County Bar Association, Federal Court Section, Update Newsletter, Vol. 12, Issue 1, May 2002.
- "Family and Medical Leave Act (FMLA) Update: U.S. Supreme Court Invalidates DOL Regulation Regarding an Employer’s Duty to Designate Leave as FMLA-Qualifying in Order to Count Leave Time Already Taken Against an Employee’s 12-Week Leave Entitlement,” Communiqué, March 2002.
- "Evidentiary Issues in Employment Cases: The Usual and the Unusual,” PBI Employment Law Institute West, November 2002.
- "Litigating the Non-Compete / Trade Secrets Case,” PBI Employment Law Institute West, November 2001.
- "The Prevention and Investigation of Sexual Harassment Claims," December 2000.
- "Avoiding Unionization: A Small Business Guide to Remaining Union-Free,” Communiqué, November 2000.
- "Avoiding Unionization: A Small Business Guide to Remaining Union-Free,” SMC Business Council, June 5, 2000.
- "Employment Reference Checking," Council on Education in Management; Pittsburgh, PA, March 8, 2000.
- "Trucking Industry Employment Law Communiqué,” Communiqué, August 1999.
- "Americans With Disabilities Act Update: U.S. Supreme Court Rules That Mitigating Measures Must be Taken Into Account When Determining Whether an Individual is Actually Disabled Under the ADA,” Communiqué, July 1999.
- "Employer’s Liability Insurance,” Communiqué, July 1999.
- "Employee Reference Checks,” Communiqué, July 1999.
- "Severance Plans,” Thorp Reed & Armstrong Seminar, May 20, 1999.
- "American with Disabilities Act Update: U.S. Supreme Court Rules That an Individual’s Pursuit and/or Receipt of Social Security Disability Benefits Does Not Automatically Stop the Individual From Pursuing a Claim Under the ADA,” Communiqué, May 1999.
- "Sexual Harassment,” Annual Convention of International Association of Amusement Parks and Attractions; Dallas, TX, November 20, 1998.
- "Employer and Employee Privacy Issues,” Financial Women International Meeting; Pittsburgh, PA, April 22, 1998.
- "Navigating the Legal Land Mines in Hiring the Best Applicants,” Personnel Law Update Seminar; Pittsburgh, PA, September 25, 1997.
- “Fed. Jury Awards $2 Mil. Over Actions of Departing Execs,” The Legal Intelligencer, June 15, 2010.
- “Thorp Reed & Armstrong Wins Significant Jury Verdict on Behalf of Crown Coal & Coke Company,” Philadelphia Business Journal,June 10, 2010.