Elizabeth Mincer practices in the area of labor and employment. Ms. Mincer works with employers on a range of workplace issues, including compliance with federal, state and local laws governing the workplace. She assists employers by drafting employee policies and handbooks, including COVID-19 health and safety plans and policies, confidentiality and restrictive covenant agreements, and termination and severance agreements. Ms. Mincer works with clients in various sectors including education, technology, pharmaceuticals, construction, and service industries.
Ms. Mincer also represents employers in litigation at both the state and federal level in a range of employment matters, including age, race, gender, and disability discrimination, sexual and racial harassment, labor and unionization, and wage and hour laws. She represents employers before various administrative agencies, including the Equal Employment Opportunity Commission, the Department of Labor, the Pennsylvania Human Relations Commission, and the National Labor Relations Board with respect to charges, audits, elections and investigations.
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.
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 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.
- U.S. District Court for the Eastern District of Pennsylvania
- 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
Duane Morris LLP
- Associate, 2018-present
United States Court of Appeals for the Fourth Circuit
- Intern to the Hon. James A. Wynn, 2017
Monroe County Court
- Intern to President Judge Margherita Patti-Worthington, 2016
Civic and Charitable Activities
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
- 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
- Quoted, "Proposed Rule Makes It Easier for Unions to Carry On," HR Magazine, November 7, 2022
Selected Speaking Engagements
- 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