THANK YOU, MIKE MILLER

BY Nick Kapiotis

General Counsel
NAPEO

May 2024

With Mike Miller officially stepping down from his long-tenured role as general counsel of FAPEO, we thought it would be appropriate to take a moment to recognize Mike’s outsized impact on our industry. As we discussed my role in the recognition, Chris Chaney, editor extraordinaire, thought I could give a brief introduction on Mike’s background and history within our space.

As I thought about this, I realized that most folks already know these details—about things like Mike’s drafting of some of the earliest PEO frameworks and principles upon which we still rely today, his passion for seeking a cure for pediatric cancer, especially through CureSearch, and how he has saved our industry from disaster many, many times through grit, determination and, most of all, relentless phone calls. If you don’t know, then you can’t find a better summary than his biography.

Instead, I decided to write about the Mike I know: the selfless individual who—through actions, not words—has made me not just be a better PEO practitioner, or a better attorney, but more impactfully, a better person, starting from the first time I met him.

Very early on in my PEO career, I was lucky enough to receive a copy of the famous “Mike Miller Letter,” which at the time was around 200 pages of case law and correspondence collated by Mike to explain the concept of co-employment (the letter has now grown to well over 300 pages). I spent many hours reading through the examples to help foster my understanding of the PEO paradigm. Certainly, in my eyes, Mike was a larger-than-life figure from the beginning.

I finally had a chance to meet Mike for the first time at a FAPEO event in Tallahassee, and, much to my surprise, he was gracious enough to give me a few minutes of his time to talk about co-employment. Here was Mike Miller—the preeminent expert on all things PEO—and he took the time to have a genuine conversation with an absolute nobody in the space. And then we talked some more. And then some more. And then it was time to sit down for dinner and surely Mike would take his appointed seat at the head of the table. No! Instead, he invited me to sit with him at dinner (somewhere in the middle of the table), where our conversation continued.

All told, Mike must have spoken with me for over three hours—that just does not happen in a Type A, ego-driven industry like the legal practice. But with Mike it does. And no legal expert is going to share their hard-earned experience time and time again without sending you a bill. But Mike does. No one can persist against legislators and regulators who refuse to pick up the phone until they are finally heard without discouragement. Mike persists. No attorney would have his work attacked by both friends and foes without punching back. But Mike just smiles and continues his work. Because it’s great work. And Mike’s a great person. And for that, Mike, and so much more we say thank you.

A few industry leaders reflected on his legacy, and shared their thoughts on Mike’s incredibile career with us.

“Mike is an industry icon, who literally built the industry in Florida, built the regulatory scheme around it that allowed it to grow. He is known – and beloved – for taking or returning calls from clients – and some non-clients — at all hours of the day and night. At the same time – and to Mike, more importantly — he has been a leader in raising awareness – and funds – in the fight against pediatric cancer. He’s a great lawyer, a great friend, and a great human being.”—Pat Cleary, Chief Growth Officer, Vensure Employer Services

“As Mike’s friend and prior law partner, I could not have been blessed with a better mentor. Over the years, I have been with Mike as we worked through a litany of challenges to our industry. In those battles, I have marveled at Mike’s amazing recollection of the history of our industry and of the laws that he has written. That knowledge and his wisdom have made him a formidable force fighting for PEOs as General Counsel for FAPEO and on behalf of his clients. I cannot write about Mike though without mentioning his other passions, his family, and fighting children’s cancer. With a caring and altruistic soul, Mike has made a genuine difference in the battle to defeat children’s cancer while being a great patriarch for his family. Although there will never be another Mike Miller, he has made those who have worked with him better for the experience and he has taught us all to be better human beings. I am grateful that I have been able to work with this man for whom I have so much love and respect.”—Torben Madson, Esq., Partner, The PEO Law Firm, LLC.

““Mike has been a pioneer, advocate, and friend of the PEO industry literally since the beginning.  There is no question the industry would not be what it is today without Mike.  He also is a dear friend and has been a mentor to me personally, for which I will be eternally grateful.”—John Polson, Chairman & Managing Partner, Fisher Phillips.

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