Nixon Peabody LLP
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.
What do you focus on?
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.
Employment Litigation & Counseling
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.