Kimberly Harding

In the news

• Rochester Business Journal and The Daily Record

  2024 Power Law Lists

  The publications have selected several NP attorneys for their annual “Power Lists,” putting a spotlight on regional professionals who are leaders in their respective fields. Click the links to read Q&A profiles with the NP honorees.

  • 2024 Power 50 Law List: Jared Lusk
  • 2024 Trusts & Estates Power List: Stephanie Seiffert
  • 2024 Litigation Power List: Kim Harding and Steve Jones
  • 2024 Labor & Employment Law Power List: Kim Harding and Eric Paley
  July 19, 2024
• The Daily Record

  The Daily Record’s Power 20 Litigation 2023

  The following articles profile Rochester Labor & Employment partners Kim Harding, leader of the firm’s Labor Relations team, and Stephen Jones, co-leader of the firm’s Wage & Hour Compliance and Litigation team, for their inclusion on the publication’s “Power 20 Litigation 2023” list. This annual list recognizes prominent litigators in the Rochester region for their exceptional client service.

  Nov 9, 2023
• Rochester Business Journal

  Unions, AI, workplace issues trending in local litigation

  Rochester Labor & Employment partner Kim Harding, deputy leader of the Litigation department, is quoted in this article on current litigation trends in the region. Kim discusses an increasingly active labor movement and the recent growth in data privacy-related activity.

  Feb 28, 2023
• The Daily Record

  Power 20 Litigation 2022

  Buffalo Complex Disputes partner Vivian Quinn and Rochester Labor & Employment partner Kim Harding, deputy leader of the firm’s Litigation department, are mentioned in this article for being named to the publication’s “Power 20 Litigation 2022” list. The recognition includes individual features profiling Vivian and Kim, where they discuss their expectations for the next year, recent successes, personal goals, and advice for new litigators.

  Nov 10, 2022
• Law360

  Unions see opportunity in New Jersey's new cannabis law

  Rochester Labor & Employment partner Kim Harding, a member of the firm’s Cannabis practice, is quoted in this article on New Jersey’s recreational cannabis industry, noting that the combination of the labor provisions in the New Jersey law effectively means that businesses will have a hard time operating without a unionized workforce.
  July 13, 2022
• Rochester Business Journal

  State, city of Rochester strive for social and economic equity in cannabis industry

  This article covering equity and inclusion provisions in New York state’s recreational cannabis law quotes Rochester Labor and Employment partner Kim Harding, who discusses potential opportunities created by the Seeding Opportunity Initiative, labor peace agreements, and how cannabis businesses are establishing credibility while dispelling stigma that can surround the industry.
  June 10, 2022
• The New York Daily Record

  On the move

  This column of notable promotions and moves features Rochester Labor & Employment partner Kim Harding for her appointment as deputy leader of NP’s Litigation Department. The article also highlights Rochester Labor & Employment associate Jeniffer Taylor for joining the firm, and Rochester Affordable Housing & Real Estate associate Ninteretse Jean Pierre (JP) for rejoining NP.
  March 8, 2022
• Bloomberg Law

  Labor board's pending work rule change muddles employer strategy

  Rochester Labor & Employment partner and deputy leader of the Litigation Department Kim Harding is quoted in this article about the NLRB’s reconsideration of its legal framework for workplace rules and employee handbooks, and what this could mean for employers.
  March 7, 2022
• Bloomberg Law

  Employees almost always win with Trump NLRB test set for change

  This article analyzes the different outcomes in the National Labor Relations Board’s Trump-era and Obama-era worker classification legal tests, which determine if workers are considered employees protected by federal law. Rochester Labor & Employment partner and Litigation Department deputy head Kim Harding is quoted for her perspective on whether new standards will drive additional litigation.
  Feb 22, 2022
• WROC-TV

  Some Rochester companies are following the Supreme Court ruling against vaccine mandates

  This TV news segment, focusing on the U.S. Supreme Court’s decision to block the OSHA rule mandating COVID-19 vaccination for large companies, features Rochester Labor & Employment partner Kim Harding for her thoughts on the ruling and how companies are breathing a sigh of relief for no longer having potential OSHA penalties lingering over them.
  Jan 14, 2022
• WHEC-TV

  Labor and employment attorney on Supreme Court halting COVID-19 vaccine rule for businesses

  Rochester partner Kim Harding is quoted in this broadcast segment regarding how some large companies will be relived in the wake of the SCOTUS decision, as it lifts the administrative burden of collecting tests and vaccination cards. Kim is also quoted on how the decision does not include the reinstatement of employees who were terminated for not getting vaccinated.
  Jan 13, 2022
• WHEC-TV

  Business owners react to CDC's new guidance for asymptomatic COVID-positive people

  This TV news segment on the CDC’s updated guidance, which reduces the isolation time from 10 days to five, features Rochester Labor & amp;Employment partner Kim Harding on how companies can still use their discretion when it comes to the guidance.
  Dec 27, 2021
• The Daily Record

  OSHA regulations likely to be challenged

  The following coverage of OSHA’s federal COVID vaccination and testing guidelines for large private employers includes outlook from Boston partner Jeff Gilbreth and Rochester partner Kim Harding, both of the Labor & Employment group. They discuss what companies need to know and how they can prepare, and—with several states filing related lawsuits—both Jeff and Kim emphasize that employers should still proceed as though the regulations will be implemented.
  Nov 5, 2021
• Bloomberg Radio

  Baystate Business

  The following coverage of OSHA’s federal COVID vaccination and testing guidelines for large private employers includes outlook from Boston partner Jeff Gilbreth and Rochester partner Kim Harding, both of the Labor & Employment group. They discuss what companies need to know and how they can prepare, and—with several states filing related lawsuits—both Jeff and Kim emphasize that employers should still proceed as though the regulations will be implemented.
  Nov 5, 2021
• The Boston Globe

  How the OSHA vaccine and testing mandate might play out for local businesses

  The following coverage of OSHA’s federal COVID vaccination and testing guidelines for large private employers includes outlook from Boston partner Jeff Gilbreth and Rochester partner Kim Harding, both of the Labor & Employment group. They discuss what companies need to know and how they can prepare, and—with several states filing related lawsuits—both Jeff and Kim emphasize that employers should still proceed as though the regulations will be implemented
  Nov 5, 2021
• WHEC-TV

  Employment attorney on COVID-19 vaccine or test mandate

  This broadcast segment on OSHA’s emergency temporary standard, which was announced yesterday, features Rochester Labor & Employment partner Kim Harding on what the rule requires of large companies and their employees, whether religious or medical exemptions apply, and the timeline of the rule, among other insights.
  Nov 4, 2021
• WHAM-TV

  DOL - Most employers can no longer test employees for marijuana

  Rochester Labor & Employment partner Kim Harding analyzes new guidance from New York State’s Department of Labor regarding the implementation of the state’s law legalizing recreational marijuana use. Under the law, most employers are prohibited from testing employees for marijuana or discriminating on the basis of cannabis use.
  Oct 21, 2021
• Reuters

  U.S. pastors, advocacy groups mobilize against COVID-19 vaccine mandates

  This article on the large-scale efforts of religious and advocacy groups to challenge COVID-19 vaccine mandates quotes Rochester Labor & Employment partner Kim Harding on the recent rapid increase in religious exemption requests, which have historically been rare.
  Oct 14, 2021
• Spectrum News

  Judges vaccine religious exemption ruling comes as good news for some NY health care workers

  This article, focusing on a federal judge’s ruling upholding the religious exemption to New York State’s vaccine requirement for health care workers, quotes Rochester Labor & Employment partner Kim Harding on what is required of employees to qualify for the exemption and the process for employers to vet these accommodations.
  Oct 12, 2021
• Politico Pro

  Employer conundrum: To test or not to test?

  San Francisco Labor & Employment associate Hillary Baca, also a member of the firm’s Cannabis practice, is quoted in this article on how pressures of the recent labor shortage and changing attitudes toward cannabis have some employers reconsidering drug-testing policies. The article is based on a client alert Hillary co-authored with Rochester Labor & Employment partner Kim Harding.
  Oct 5, 2021
• HR Specialist Employment Law

  Q&A on OSHAs upcoming vaccine mandate-What it means for HR

  This industry newsletter includes the client alert “President Biden orders vaccination mandate for large employers,” co-authored by San Francisco partner Rachel Conn, Rochester partner Kim Harding, and Providence department attorney Shelagh Michaud, all of the Labor & Employment group. The Q&A covers OSHA’s emergency standards, the 100-employee threshold in Biden’s vaccination mandate, and how the rule affects state OSHA plans.
  Oct 1, 2021
• The Charlotte Observer

  What workers and employers should know a week after Biden issued COVID vaccine mandate

  This article, which has been syndicated across the country, quotes the client alert “President Biden orders vaccination mandate for large employers” co-authored by San Francisco partner Rachel Conn, Rochester partner Kim Harding, and Providence department attorney Shelagh Michaud, all of the Labor & Employment group. The content covers OSHA emergency standards, the 100-employee threshold in Biden’s vaccination mandate, and how the rule affects state OSHA plans.
  Sep 16, 2021
• The Daily Record

  Vaccine mandate lacks detail

  This article on President Biden’s recent vaccine mandate for employees of larger companies quotes Rochester Labor & Employment partner Kim Harding on legal questions and nuances employers have regarding the mandate’s implementation and her outlook on OSHA’s upcoming emergency temporary standard.
  Sep 15, 2021
• Spectrum News

  Rochester labor and employment attorney swamped with messages since vaccine mandate announced

  This broadcast segment, on President Biden’s announcement requiring the COVID-19 vaccine for employees of larger companies, features insight from Rochester Labor & Employment partner Kim Harding, focusing on questions that remain for employers as they navigate the legal landscape and nuances of the mandate, as well as the testing option still available for vaccine-resistant employees. Rochester records clerk Jody Smith also appears in the segment.
  Sep 14, 2021
• Rochester Business Journal

  Legal perspective on vaccine mandates for employers

  Rochester Labor & Employment partner Kim Harding contributed this column which analyzes the legality of mandating COVID-19 vaccines for employees, including the different requirements governing exemption requests, and provides best practices on how employers can mitigate challenges when implementing this policy.
  Sep 10, 2021
• Spectrum News

  University plumber prepared to lose job rather than get the COVID-19 vaccine

  This broadcast segment on President Biden’s announcement requiring the COVID-19 vaccine for employees of larger companies quotes Rochester Labor & Employment partner Kim Harding on employers’ right to impose terms and conditions for employment and the reasoning behind New York State’s vaccine mandate for health care workers.
  Sep 10, 2021
• WHEC-TV

  Employees who refuse to get COVID-19 vaccine may not qualify for unemployment

  This broadcast segment, covering the latest development around NYS’ vaccine requirement for hospitals and healthcare workers, quotes Rochester Labor & Employment partner Kim Harding on the notion of employee “voluntary-ness” and the potential consequences for employees deciding not to get the vaccine.
  Sep 1, 2021
• WHEC-TV

  NYS orders hospitals and nursing homes to order their employees to get vaccinated

  This broadcast segment, focusing on Governor Cuomo’s announcement that all New York State health care workers must be vaccinated, quotes Rochester Labor & Employment partner Kim Harding on the way in which the state is rolling it out, by requiring hospitals and nursing homes to require it of their employees.
  Aug 16, 2021
• HR Dive

  Navigate cannabis legalization, avoid employment litigation

  Rochester Labor & Employment partner Kim Harding co-wrote this contributed article highlighting three common pitfalls for employers as they comply with the patchwork of state and federal laws regulating the use of legal cannabis by their employees.
  Aug 13, 2021
• WHEC-TV

  The Crown Act expands definition of racial discrimination according to legal expert

  In this broadcast segment on ‘The Crown Act’, a federal bill aiming to broaden the definition of discrimination by including hair texture and protected hair styles, Rochester Labor & Employment partner Kim Harding explains the impetus for the bill and its potential implications for employers nationwide.
  July 24, 2021
• GreenState

  Amazon has stopped testing job seekers for cannabis: Here's what it means for you

  Rochester Labor & Employment partner Kim Harding is quoted in this article on Amazon’s announcement it will stop testing job seekers for cannabis, noting the impact of Amazon’ s decision at a national level and adding that Amazon’ s support of the MORE Act lends a great deal of credibility to the proposed legislation that would legalize marijuana at the federal level.
  June 15, 2021
• Rochester Business Journal

  New mask rules pose challenge to business

  In this article on New York State’s revised mask guidance in accordance with federal recommendations, Rochester Labor & Employment partner Kim Harding is quoted on enforcement challenges for businesses and the uptick in client inquiries regarding the guidance, mandatory vaccination policies, and job postings.
  May 18, 2021
• Spectrum News

  Red Wings preparing to welcome back both vaccinated and non-vaccinated fans

  In this broadcast story on New York State’s new guidance on capacity seating for venues, Rochester Labor & Employment partner Kim Harding is quoted on whether businesses can ask their customers of their vaccination status.
  May 6, 2021
• Cannabis Law Report

  Cannabis operators, insiders, and experts discuss New York’s cannabis legalization, equity plans, revenue possibilities, and future cannabis market potential

  This wide-ranging discussion of New York’s legalization of recreational cannabis includes commentary from both Cannabis practice co-leader and Rochester Corporate partner Lori Green and Rochester Labor & Employment partner Kim Harding.
  April 19, 2021
• Spectrum News

  What does marijuana legalization mean for employment in New York State?

  This news segment on the legalization of marijuana in New York quotes Rochester Labor & Employment partner Kim Harding on how the enforcement of marijuana in the workplace will likely be similar to alcohol.
  March 31, 2021
• WROC-TV

  Weed and the workplace: What legalization could mean for testing, possession, and use

  The following television news segment on New York State’s pending marijuana legalization bill quotes Rochester Labor & Employment partner Kim Harding on how the enforcement of marijuana in the workplace will likely be similar to alcohol.
  March 29, 2021
• WHAM-TV

  If recreational marijuana is legalized in New York, what happens to the workforce?

  The following TV news segments cover New York’s pending marijuana legalization bill and how it may affect the workplace. Rochester Labor & Employment partner Kim Harding is quoted on the exclusion of marijuana in drug screens and its protected use outside the workplace. Cannabis practice co-leader and Rochester Corporate partner Lori Green is quoted in WHEC-TV’s segment on how the group is staying on top of marijuana legislation across the U.S., to better serve NP’s clients.
  March 27, 2021
• WHEC-TV

  Legal recreational marijuana and the workplace

  The following TV news segments cover New York’s pending marijuana legalization bill and how it may affect the workplace. Rochester Labor & Employment partner Kim Harding is quoted on the exclusion of marijuana in drug screens and its protected use outside the workplace. Cannabis practice co-leader and Rochester Corporate partner Lori Green is quoted in WHEC-TV’s segment on how the group is staying on top of marijuana legislation across the U.S., to better serve NP’s clients.
  March 26, 2021
• WXXI-AM (NPR affiliate)

  Morning edition

  In this radio segment discussing a remote workforce in a post-pandemic world, Rochester Labor & Employment partner Kim Harding is quoted on tax and withholding rules, among other employment laws, that employers should be aware of as employees may want to work in other states.
  March 8, 2021
• WHEC-TV

  Local experts on CDC's new guidelines for COVID vaccinated people

  In this television news segment on the CDC’s new guidelines announced on Monday, Rochester Labor & Employment partner Kim Harding is quoted on employer incentive programs to increase the population of vaccinated employees, as businesses work toward a return to normal.
  March 8, 2021
• WHEC-TV

  90-day window for COVID-19 travel guidelines has some confused

  In this broadcast segment on the loosening of some of New York State’s COVID-19 travel guidelines, Rochester Labor & Employment partner Kim Harding is quoted for her thoughts on state and federal guidelines that employers must follow to protect their workforce.
  March 2, 2021
• Rochester Business Journal

  COVID-related paid sick leave options for employers

  Rochester Labor & Employment partner Kim Harding contributed this article for her outlook on the Families First Coronavirus Response Act and what’s top-of-mind for employers in the year ahead.
  Jan 20, 2021
• Spectrum News

  NYS Assembly Bill Seeks to Empower Health Department to Make COVID-19 Vaccine Mandatory

  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.
  Dec 9, 2020
• WHEC NBC-10

  New Regulations May Make It Easier for Travelers to State, but Questions Remain

  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.
  Nov 2, 2020
• Rochester Business Journal

  Best Practices in Dealing with Working Parents as School Year Commences

  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.
  Sep 11, 2020
• Daily Record

  Liability immunity proposals raise concerns for lawyers

  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.
  July 31, 2020
• <a href="https://www.whec.com/coronavirus/are-employers-obligated-to-accommodate-requests-to-work-from-home/5802864/?cat=565" target="_blank">WHEC-TV News 10NBC</a>

  Are employers obligated to accommodate requests to work from home?

  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.
  July 22, 2020
• WHEC-TV (Rochester)

  Essential or nonessential?

  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.
  March 19, 2020
• <a href="https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/new-york-government-reaches-deal-on-coronavirus-sick-leave-mandate.aspx" target="_blank">HR Magazine</a> (Society for Human Resource Management)

  New York government reaches deal on coronavirus sick-leave mandate

  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.
  March 18, 2020
• WXXI News

  Coronavirus sparks workplace legal questions

  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.
  March 13, 2020
• <a href="https://mms.tveyes.com/PlaybackPortal.aspx?SavedEditID=6cfe84df-b127-48d5-ac92-141a70bd7045" target="_blank">WHAM-AM (Rochester)</a>

  Rochester Business Report

  This story highlights Rochester Labor and Employment partner Kim Harding’s guidance on what is required of employers during the coronavirus outbreak.
  March 13, 2020
• The Daily Record

  In addition to health concerns, coronavirus a legal and employment issue

  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.
  March 12, 2020
• <a href="https://spectrumlocalnews.com/nys/rochester/coronavirus/2020/03/11/rochester-area-employers-preparing-for-spread-of-coronavirus" target="_blank">Spectrum News</a>

  Rochester-area employers preparing for spread of coronavirus

  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.
  March 11, 2020
• <a href="http://mms.tveyes.com/PlaybackPortal.aspx?SavedEditID=4dc7fadd-07f9-4f5c-988e-269d4eb993aa" target="_blank">WROC-TV</a>

  News 8 at Five

  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.
  March 2, 2020
• <a href="https://www.whec.com/rochester-new-york-news/coronavirus-has-employers-examining-policies-around-employee-illness/5662518/" target="_blank">WHEC-TV</a>

  Coronavirus has employers examining policies around employee illness

  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.

  March 2, 2020
• <a href="https://www.wxxinews.org/post/new-coronavirus-prompts-businesses-rethink-global-travel" target="_blank">WXXI News</a>

  The new coronavirus prompts businesses to rethink global travel

  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.
  Feb 25, 2020
• The Deal

  Movers & Shakers

  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.
  Feb 4, 2020
• Reuters Legal

  Career Tracker: Lawyers on the Move

  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.
  Feb 3, 2020
• The Daily Record

  New sexual harassment rules now in effect

  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.
  Oct 18, 2018
• Spectrum News Rochester

  Opioid addiction: What employers need to know

  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.
  July 20, 2018
• SHRM

  Review Your Company Dating Policy in Light of #MeToo Movement

  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.
  Jan 31, 2018
• Rochester Business Journal

  State Legislation Increases Wages, Mandates Family Leave

  Rochester partners Jeff LaBarge and Steve Jones, counsel Todd Shinaman, and associates Joe Carello and Kim Harding co-authored this column discussing New York’s landmark legislation raising the minimum wage and mandating paid family leave.
  May 13, 2016
• Rochester Business Journal

  N.Y. takes aim against transgender discrimination in the workplace

  Rochester partner Jeff LaBarge and associate Kim Harding co-authored this law column discussing transgender discrimination issues in the workplace.
  March 11, 2016
• Law360

  Fairy Tale Endings for Office Romances are Far-Fetched

  Labor & Employment attorneys Kim Harding and Bob Dolinko authored this column discussing how employers should handle office romances.
  Feb 10, 2016
• Rochester Business Journal

  Think NLRB Rules Don't Apply to You? Think Again

  Rochester Corporate Transactions partner Jeff LaBarge and Rochester Labor & Employment associate Kim Harding authored this column discussing increased enforcement actions by the National Labor Relations Board, the resulting litigation and how employers should comply.
  Sep 18, 2015
• The Daily Record

  Anthony Museum Names New Board, Officers

  Rochester Labor & Employment associate Kim Harding has been elected to the board of the National Susan B. Anthony House.
  June 1, 2015