Kimberly Harding is an attorney in Nixon Peabody’s Labor & Employment group. Her practice is a hybrid of traditional labor relations, particularly in the health care and construction industries, and employment litigation and counseling for employers both large and small. As a leader of Nixon Peabody’s Coronavirus Response Team for the East Coast, Kim is proud to have been on the forefront of the employer response to COVID-19, preparing workplaces across the country well before a pandemic was declared. Kim is also a highly sought-after trainer on harassment prevention, diversity, and inclusion in the workplace.
I counsel unionized employers with respect to the development of bargaining strategies and the cost and negotiation of labor agreements. In doing so, I am always cognizant of the fact that the development of a labor relationship is a full-time job that requires attention, careful planning and deliberate actions. I am committed to understanding my clients’ workplaces and needs to ensure that we avoid piecemeal approaches to labor relations, which tend to be both shortsighted and ineffective.
My labor relations practice also involves representing management in the arbitration of labor disputes and in litigation of claims under the National Labor Relations Act and the Labor Management Relations Act. Specifically, I have defended Section 301 claims and both prosecuted and defended unfair labor practice charges. Understanding employers’ rights under these acts helps me to develop more effective strategies, as I am able to weigh each plan’s strengths and weaknesses, and educate clients regarding potential outcomes.
I regularly represent employers in litigation in state and federal courts and before state and federal administrative agencies. My practice involves the defense of wage and hour suits, including putative class and collective actions, discrimination and whistleblower claims, the prosecution of non-compete covenants and the litigation of claims under the Employee Retirement Income Security Act (ERISA).
My litigation experience guides me as I counsel employers regarding their obligations and their potential exposure under the state and federal employment statutes. I strongly believe employment counseling cannot be done in a vacuum and that the most effective legal advice requires an understanding of the clients’ businesses, operations, workplace cultures and long-term objectives.
Unfortunately, COVID-19 is not going away anytime soon, and dealing with its immediate effects and aftermath will continue to dominate employer agendas for the months and years to come. There is tremendous opportunity for employers to generate goodwill, and instill trust and confidence, amongst their workforces, with forward thinking, and appropriate preparedness, response, and safety plans. Employers who holistically think about, and prepare to address, the issues that inevitably will arise (e.g., COVID-19 exposure and response, confidentiality of employee medical information, expense reimbursements, continued and/or indefinite work-from-home arrangements, paid sick leave, maintenance of workplace cultures in virtual environments) will be the best positioned to navigate post-pandemic litigation and employee discontent.
Spectrum News | December 09, 2020
In this television news segment on a bill introduced in the New York State Assembly to make the COVID-19 vaccine mandatory, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on the bill’s enforcement mechanism.
WHEC NBC-10 | November 02, 2020
In this broadcast segment on New York State’s new coronavirus regulations regarding interstate travel, which replaces the 14-day quarantine for travelers, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on how the new regulations are more manageable for businesses.
Rochester Business Journal | September 11, 2020
Labor & Employment partner Kim Harding and Complex Commercial Disputes associate Franz Wright, both in Rochester, contributed this column on the unprecedented need for collaboration between working parents and their employers as the school year commences during COVID-19.
Daily Record | July 31, 2020
In this article on the proposed legislation to provide businesses with immunity from COVID-19 liability lawsuits, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on the legislation and the importance of businesses to continually abide by state and federal laws.
WHEC-TV News 10NBC | July 22, 2020
Rochester Labor & Employment partner Kim Harding was featured in this broadcast segment on what obligations employers have to work with their employees as schools start again in September.
WHEC-TV (Rochester) | March 19, 2020
Rochester Labor and Employment partner Kim Harding spoke to the local NBC affiliate via FaceTime to discuss new work restrictions announced by New York Governor Andrew Cuomo. Kim talks about employee staffing, staggered scheduling and which businesses qualify as essential.
HR Magazine (Society for Human Resource Management) | March 18, 2020
Rochester Labor and Employment partner Kim Harding, Rochester Corporate partner Brian Kopp, and Long Island Labor and Employment associate David Tauster co-wrote this contributed article, based on their NP client alert, analyzing the new mandatory sick-leave deal in New York state.
WXXI News | March 13, 2020
Rochester Labor and Employment partner Kim Harding says that travel, communicable illness, and sick leave policies should be top of mind for employers as they adjust to the unprecedented circumstances of the COVID-19 outbreak.
WHAM-AM (Rochester) | March 13, 2020
This story highlights Rochester Labor and Employment partner Kim Harding’s guidance on what is required of employers during the coronavirus outbreak.
The Daily Record | March 12, 2020
This coverage features the insights of Rochester Labor and Employment partner Kim Harding on how companies should address the growing coronavirus outbreak—including developing remote work guidelines and protecting the confidential health information of employees.
Spectrum News | March 11, 2020
This coverage features the insights of Rochester Labor and Employment partner Kim Harding on how companies should address the growing coronavirus outbreak—including developing remote work guidelines and protecting the confidential health information of employees.
WROC-TV | March 02, 2020
Rochester Labor and Employment partner Kim Harding talks about how employers can effectively address the coronavirus outbreak, including weighing short-term staffing needs, analyzing sick leave policies, and limiting employee travel to severely impacted areas.
WHEC-TV | March 02, 2020
Rochester Labor and Employment partner Kim Harding talks about how employers can effectively address the coronavirus outbreak, including weighing short-term staffing needs, analyzing sick leave policies, and limiting employee travel to severely impacted areas.WXXI News | February 25, 2020
This radio interview (also available in print) features Rochester Labor and Employment partner Kim Harding discussing the steps Nixon Peabody and other businesses are taking to modify employees’ travel routines as the coronavirus spreads. Kim also explains employers’ right to tell workers to stay home if there is a possibility of infection.
The Deal | February 04, 2020
This column of notable executive moves in the legal industry included a write-up on the promotion of Nixon Peabody’s 2020 new partner class: Laura Bacon, Shariff Barakat, Katie Baynes, Robert Fisher, Kimberly Harding, Brian Mahoney, Sonia Nayak, Dara Newman Histed, Morgan Nighan, Chris Porzio, Rachel Pugliese, Dana Roper, and Peter Trimarchi.
Reuters Legal | February 03, 2020
This roundup of personnel moves in the legal industry highlights the 13 members of Nixon Peabody’s 2020 new partner class: Laura Bacon, Shariff Barakat, Katie Baynes, Robert Fisher, Kimberly Harding, Brian Mahoney, Sonia Nayak, Dara Newman Histed, Morgan Nighan, Chris Porzio, Rachel Pugliese, Dana Roper and Peter Trimarchi.
The Daily Record | October 17, 2018
Rochester Labor & Employment associate Kim Harding is quoted extensively in this article about New York state’s new rules to curb workplace sexual harassment and how employers are taking a more proactive approach.
Spectrum News Rochester | July 19, 2018
Rochester Labor & Employment associate Kimberly Harding appears in this segment, discussing her outlook on how the opioid crisis is affecting the labor market in terms of lost productivity and costs to employers.
SHRM | January 30, 2018
In this article on company dating policies, Rochester Labor & Employment associate Kim Harding is quoted on ways companies can avoid possible #MeToo experiences when employees date one another.
American University, Washington College of Law, J.D., summa cum laude, Order of the Coif
Syracuse University, B.A., summa cum laude
District of Columbia
New York
U.S. District Court, Western District of New York
U.S. District Court, Northern District of New York
U.S. District Court, Southern District of New York
Kim serves as the Chair of the Board of Trustees for the National Susan B. Anthony Museum & House, and is the Regional Leader for the Women’s Resource Group for Nixon Peabody’s upstate New York offices. She also serves as a member of the City Planning Commission for the City of Rochester, and is a member of the New York State Bar Association and the Greater Rochester Association of Women Attorneys.
Historically, Kim has also served as the Director at Large, Programming for the Rochester affiliate of the Healthcare Businesswomen’s Association, served on the “Art of Lawyering” event committee for the Volunteer Legal Services Project of Monroe County, Inc. (“VLSP”), and organized a drive to collect feminine hygiene products for the “PAD (Providing Access and Dignity)” Project of Rochester.
