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. Notably, Kim has significant experience advising employers and training employees on harassment prevention in the workplace, particularly in the wake of the #MeToo movement.
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.
Gender shifts are affront in collective bargaining. While historical bargaining units consisted mostly of men, today’s unions are increasingly in female-dominated fields, and we are seeing women take active roles in campaigns and collective bargaining. As women find their voices in the post-#MeToo era, we can expect they will continue to be vocal about other workplace challenges, leading to increases in organizing campaigns and discrimination claims. Employers must be proactive in identifying gender disparities and finding creative strategies to address them; the solutions of yesterday are ill-suited for today’s challenges.
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 Vice Chair of the Board of Trustees for the National Susan B. Anthony Museum & House, as well as the Director at Large, Programming for the Rochester affiliate of the Healthcare Businesswomen’s Association. She also leads the Women’s Resource Group for Nixon Peabody’s Rochester office. Historically, she has also 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. Kim is also a member of the New York State Bar Association.
