Shane Miller is Senior Counsel in the Pittsburgh office of Freeman Mathis & Gary and a member of the Firm’s Labor & Employment Law Section. He primarily defends employers in lawsuits brought by former employees, competitors, or other third parties. Shane loves meeting new clients, learning about their business, and planning a strategy that fits their needs. Since becoming a lawyer about a decade ago, he has represented companies of all sizes in a variety of industries such as auto sales, banking, construction, energy, entertainment, healthcare, manufacturing, non-profit, and real estate.

Today, Shane serves clients in two main ways. First, many employers end up facing a lawsuit from a former employee, a competitor, or another third-party sooner or later. Shane defends the company at all steps in the case, starting with the initial interview all the way through trial and appeal (if necessary). He has represented employers in many types of lawsuits, including:

• employment discrimination claims based on race, color, religion, sex, national origin, age, disability, and medical marijuana status;
• hostile work environment or harassment claims;
• housing discrimination claims;
• leave law claims arising under the Family and Medical Leave Act and the Americans with Disabilities Act;
• retaliation claims;
• unfair competition claims such as non-compete violations, trade secret theft, fraud, breach of contract, and negligent misrepresentation;
• wage and hour claims relating to overtime, minimum wage, and equal pay;
• wrongful discharge claims; and
• whistleblower claims.

Although Shane spends most of his time defending employers in court, he also aims to keep them out of litigation in the first place. Employment laws often change, however, so it can be hard for businesses to keep up. But if a company falls behind the curve, it may be exposed to an expensive lawsuit. Shane helps employers prevent legal problems by:

• providing legal advice about topics like hiring, discipline, termination, leave requests, equal pay, non-compete agreements, and independent contractors;
• drafting employee handbooks, company policies, and employment agreements; and
• training employees on subjects like discrimination, harassment, leave requests, retaliation, and trade secret theft.

Before entering private practice in 2016, Shane served as an attorney-advisor in the U.S. Department of Labor. There, he gained an invaluable “behind the scenes” look at how judges decide cases. Shane previously received his law degree, cum laude, from the University of Pittsburgh School of Law in 2014. He obtained an undergraduate degree in business administration from Emory University in 2010.

Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Western District of Pennsylvania

United States Court of Appeals for the Third Circuit

• “Third Circuit rules that an employer’s passwords are not ‘trade secrets,'” FMG BlogLine
• “Recent decision reminds employers to consider the FMLA when an employee misses work for a medical reason,” FMG BlogLine
• “President Trump issues Executive Order targeting ‘disparate impact liability,'” FMG BlogLine
• “EEOC and DOJ issue guidance on ‘DEI-Related Discrimination,'” FMG BlogLine
• “Recent Third Circuit decision shows that employers may face significant penalties for failing to pay employees for work-related travel,” FMG BlogLine
• “Employers Must Swiftly Respond to Pregnancy-Accommodation Requests,” CLM Magazine, July 2024
• “Recent Third Circuit decision reminds employers they must swiftly respond to pregnancy-related accommodation requests,” FMG BlogLine
• “Hiring a New Employee in Pennsylvania? Don’t Stumble Into a Trade Secret Lawsuit,” The Pennsylvania Lawyer Magazine, March 2024
• “Third Circuit rules that requiring employees to provide letter from clergy to support accommodation request may constitute religious discrimination,” FMG BlogLine
• “Third Circuit provides useful reminder about the importance of statistical evidence in disparate impact cases,” FMG BlogLine
• “The Defend Trade Secrets Act turns seven: What every Pennsylvania lawyer and employer needs to know,” Allegheny County Bar Association Lawyer’s Journal, April 7, 2023
• “A Brief Guide to Better Briefs,” Allegheny County Bar Association Point of Law Newsletter, Fall 2020″A Brief Guide to Better Briefs,” Allegheny County Bar Association Point of Law Newsletter, Fall 2020
• “Pa. Workers’ Compensation Act provides broad coverage for injuries sustained both inside and outside of Pa.,” Allegheny County Bar Association Lawyer’s Journal, February 28, 2020
• “U.S. Supreme Court to Decide Whether Federal Law Prohibits Employers From Discriminating Against Employees Based on Their Sexual Orientation or Gender Identity,” Iron & Steel Technology Magazine, September 1, 2019
• “Bissoon’s Title VII Ruling Sets Stage for Appeal,” Allegheny County Bar Association Lawyer’s Journal, February 3, 2017
• “Tear Down This Wall: Why Men’s College Sports Needs More Female Coaches,” The Sports Lawyers Journal, April 1, 2015
• “Drawing the Line: The Legality of Using Wiretaps to Investigate Insider Trading,” Pittsburgh Journal of Technology Law & Policy, May 1, 2013

Dismissals

• Obtained dismissal of negligence per se, nuisance, and trespass claims in state court on behalf of environmental services company
• Obtained dismissal of whistleblower retaliation claim under the Clean Air Act in federal court on behalf of contracting company
• Obtained dismissal of negligent misrepresentation, unpaid wages, and unjust enrichment claims in federal court on behalf of real estate development company
• Obtained dismissal of housing discrimination complaint before local administrative agency on behalf of condominium board
• Obtained dismissal of breach of contract action in state court on behalf of restoration company
• Obtained dismissal of race discrimination and retaliation claim before EEOC on behalf of roofing contractor
• Obtained dismissal of age discrimination and retaliation claim before EEOC on behalf of flooring company
• Obtained dismissal of race and retaliation claim before EEOC on behalf of waste management company

Mediations

• Resolved disability discrimination and retaliation claims at EEOC mediation on behalf of financial institution
• Resolved disability discrimination and retaliation claims at federal court mediation on behalf of boating facility
• Resolved age discrimination and retaliation claims at federal court mediation on behalf of automobile dealership
• Resolved disability and retaliation claims at EEOC mediation on behalf of beverage distributor
• Resolved disability discrimination, sex discrimination, and retaliation claims at EEOC mediation on behalf of trucking company
• Resolved race, color, and disability discrimination claims at EEOC mediation on behalf of transportation company

Administrative Hearings

• Prevailed at numerous administrative hearings before the Pennsylvania Public Utility Commission on claims relating to electric utility service on behalf of utility company

 Arbitrations

• Prevailed before three-member arbitration panel on breach of contract action on behalf of healthcare provider

Jury Trials

• Represented individual defendant at federal court jury trial on claims relating to assault and battery
• Represented construction company at federal court jury trial on claims relating to race discrimination and hostile work environment
• Represented contracting company at federal court jury trial on claims relating to age discrimination

Appeals

• Prevailed in appeal before the U.S. Court of Appeals for the Third Circuit on claims relating to unlawful search and seizure, equal protection, and trespass on behalf of nonprofit organization
• Prevailed in appeal before Pennsylvania Superior Court on claims relating to debt collection action on behalf of financial institution
• Prevailed in appeal before Pennsylvania Commonwealth Court on claims relating to pension benefits on behalf of pension fund

• Member of the Board of Directors at Mainstay Life Services
• Allegheny County Bar Association
  • Federal Court Section
  • Labor and Employment Law Section
• Young Lawyer’s Division
• Served as volunteer juror for local high school mock trial competition
• Provided Pro Bono services at local Wills for Heroes events
• Provided Pro Bono services to the Pennsylvania Innocence Project
• Youth Basketball Coach for Edgewood Borough

• Best Lawyers: Ones to Watch® in America – Litigation – Labor and Employment (2025 edition)
• Pennsylvania Super Lawyers “Rising Star” (2020-2025)

• “Key Employment Law Developments in 2025,” Pittsburgh Human Resources Association, November 2025
• “Adverse Actions After Muldrow,” Allegheny County Bar Association Labor and Employment Law Symposium, November 2025
• “Navigating Labor Policy Changes in 2025: What Employers Should Expect During the Second Trump Administration,” FMG Webinar, May 2025
• “Everything You Need to Know About Leaves of Absence Due to Mental Health,” FMG Webinar, October 2023
• Attended the National Trial Advocacy College at the University of Virginia School of Law in January 2020. This was an intensive one-week program that improved trial advocacy skills through classroom instruction and courtroom learning