Kimberly A. Rozak

Kim is a partner in the firm's Labor, Employment and Employee Benefits Group. She currently serves as counsel to a wide variety of employers, both in the public and private sectors, including for-profit and not-for-profit organizations. Her practice includes representing employers before the Massachusetts Commission Against Discrimination, The Equal Employment Opportunity Commission, the National Labor Relations Board, the State Division of Labor Relations, and the Civil Service Commission. She also appears in state and federal courts in connection with discrimination cases. She regularly advises clients on a broad range of topics, such as the drafting and implementation of personnel policies, discipline and termination practices, and employment and non-compete agreements. She also represents numerous clients in labor arbitration matters. Kim's practice includes representing school committees and school districts, handling arbitrations and labor complaints, and providing advice on issues related to school policy and student discipline.

Kim was recognized by Massachusetts Lawyers Weekly as one of the "Top Women in Law" for 2010. Kim has been named a Massachusetts "Super Lawyer" by Boston magazine and Law & Politics every year since 2011. Also in 2011, Kim was one of six recipients to receive the "Outstanding Women in Business Award," awarded by the Worcester Business Journal. In 2001, Kim was selected by the Worcester Business Journal as one of "40 under Forty" professionals honored for their professional excellence and community services.

Kim has exclusively practiced management-side labor and employment law throughout her career. She was previously associated with Morgan, Brown and Joy in Boston, where her practice was also focused on traditional labor and employment law. She is also admitted to practice in state and federal courts in Arizona, where she worked as an assistant attorney general for the Navajo Nation Department of Justice, handling a wide range of litigation matters for the tribal government, including discrimination and labor complaints involving highly complex jurisdictional issues. She began her career by serving as a clerk to the Honorable Jerome Niedermeier, in the U.S. District Court for the District of Vermont.

Bar & Court Admissions

  • Massachusetts
  • U.S. District Court for Massachusetts
  • U.S. District Court for Arizona
  • U.S. Court of Appeals for the First Circuit
  • Navajo Nation
  • Boston College Law School JD
  • College of the Holy Cross BA, with honors
  • Successfully represented a client in related cases before a state administrative agency, proving that workers were independent contractors and not employees under Massachusetts law
  • Represented a transportation industry employer in arbitration involving the termination of an employee who also served as vice president of the union; obtained an award upholding termination
  • Represented a transportation industry employer in arbitration involving the discipline of an employee and challenges the by union to the employer's use of video surveillance cameras; obtained an award upholding the discipline and no finding of invasion of privacy under Massachusetts law
  • Obtained findings of lack of probable cause in two related national-origin cases before the MCAD, where brothers employed by the same manufacturer each brought separate discrimination charges and were the only employees of that heritage in the company's workforce
  • Obtained a finding of lack of probable cause by the MCAD for a non-profit client in a protracted sexual harassment, retaliation and constructive discharge case
  • Obtained the dismissal of an unfair labor practice charge by both the Massachusetts Labor Relations Commission and the NLRB in charges filed by union against major health care employer for unilaterally changing technology in the workplace
  • Obtained a decision from the Massachusetts Civil Service Commission upholding the 60-day suspension of a municipal employee in a case that spanned eight years and involved an interlocutory appeal to the Superior Court in which the municipality also prevailed
  • Negotiated a favorable prevailing wage settlement with the Commonwealth of Massachusetts for an employer that improperly calculated the benefits component of the prevailing wage
  • Mediated and settled multiple protracted cases involving municipal employee in the global resolution of the matter on terms that included an eight-year prohibition on the employee's ability to compete for any promotional opportunities within the department
  • Successfully represented a range of clients in arbitrations involving procedural and substantive arbitrability, including before the Massachusetts Superior Court
  • Preserved management rights through a number of successful arbitrations for broad range of clients in the public and private sectors

Publications/Presentations

  • “Families First Coronavirus Response Act,” Milford Area Chamber of Commerce Webinar (April 6, 2020)
  • NEW Federal Employment Acts (Emergency Sick Leave, Emergency FMLA Amendment and Payroll Protection Act),” Worcester Regional Chamber of Commerce Webinar (April 2, 2020)
  • “Extended Closure due to COVID-19 Raises Multiple Issues for Schools,” Mirick O’Connell Client Alert, March 30, 2020
  • “Governor Baker Recommends Legislation to Address Challenges Caused by School Closures,” Mirick O'Connell Client Alert (March 2020)
  • "Understand GINA and Avoiding Violations," Worcester Regional Chamber of Commerce, April 2011 and Mirick O'Connell Labor, Employment and Employee Benefits Seminar (March 2011)
  • "Labor Law Update: Major Cases Reviewed," Massachusetts Municipal Personnel Association annual meeting (October 2010)
  • "Identity Theft," Worcester Regional Chamber of Commerce (May 2010)
  • "Addressing Employee Drug and Alcohol Use and Abuse," Mirick O'Connell Labor, Employment and Employee Benefits Seminar (March 2010)
  • "Compliance with the Massachusetts Wage and Hour Law," HRMA Perspectives (February 2010)
  • "Sex-Based Stereotype Serves as Foundation for Discrimination Suit," HRMA Perspectives (May 2009)
  • "Independent Contractors vs. Employee Issues," North Central Chamber of Commerce (September 2008)
  • "Handling Cases before the MCAD," MCLE Paralegal Workshop (June 2008)
  • "New Treble Damages Law," Mirick O'Connell Seminar (June 2008)
  • "Employee Handbooks for School Districts," Massachusetts Association School Personnel Administrators Handbook Workshop (May 2008)
  • "The Nuts and Bolts of Frequently Used Employment Records," Mirick O'Connell Labor, Employment and Employee Benefits Seminar (November 2007)
  • "The New Independent Contractor Law - Revisited," HRMA Perspectives (October 2007)
  • "Avoid Layoffs Under the Massachusetts Workshare Program," HRMA Perspectives (March 2002)
  • "The New Reality: Temporary Workers Can Be Placed in the Same Bargaining Unit as Regular Employees," HRMA Perspectives (September 2002)
  • "Vacation Payments Must be Treated as Wages in Massachusetts," HRMA Perspectives (November 1999)

Professional / Community Affiliations

  • Massachusetts Council of School Attorneys (MA COSA), member, past president
  • Massachusetts Association of School Commitees, member
  • National School Board Association, Council of School Attorneys, member
  • Worcester Economic Club, member, past president
  • American Bar Association, Labor and Employment Section, member
  • Massachusetts Bar Association
  • Worcester County Bar Association, member; former co-chair, Labor and Employment Section
  • State of Arizona Bar Association
  • Navajo Nation Bar Association
  • Society of Human Resources Professionals (MA Chapter), member

Employers Must Ensure Compliance with the Families First Coronavirus Response Act as they Re-Open and Recall Employees from Furlough

The U.S. Department of Labor recently issued new Questions and Answers regarding its interpretation of the Families First Coronavirus Response Act (“FFCRA”). In relevant part, the DOL made clear that if an employer is calling employees back from furlough, the …

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Update: Families First Coronavirus Act

The Department of Labor issued new guidance over the weekend regarding the Families First Act, including important definitions and clarifications.  I broke down the new guidance into the overall framework of the new EFMLA and EPSLA in this recorded webinar. …

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Department of Homeland Security Relaxes Standards for Verifying Work Authorization

  As a result of the COVID-19 pandemic, the Department of Homeland Security has relaxed its standards requiring in-person review of work authorization documents required to complete the I-9 form. Specifically, if an employer has no employees physically present at a …

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Congress Passes Families First Coronavirus Response Act

On March 18, 2020, Congress passed a bill entitled “Families First Coronavirus Response Act” (the “Act”) aimed at alleviating several major burdens families are currently facing as a result of the coronavirus (COVID-19). The Act, which goes into effect on …

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Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency

Governor Baker signed an Executive Order relieving government boards and committees from compliance with certain Open Meeting Law requirements during the novel Coronavirus (COVID-19) emergency. The Order gives public bodies greater leeway to hold closed-door and remote meetings, so that government agencies …

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The Coronavirus and Its Impact on the Workplace

With cases of the novel coronavirus (COVID-19) significantly on the rise, the World Health Organization declaring the coronavirus outbreak a pandemic, and Governor Baker recently declaring a state of emergency in the Commonwealth, employers should be prepared to address a number …

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NLRB Issues Employer-Friendly “Joint Employer” Definition

On February 25, 2020, the National Labor Relations Board (the “NLRB”) announced the final rule governing “joint employer” status under the National Labor Relations Act. The determination of whether an entity is a “joint employer” with a direct employer for purposes …

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Act Requiring the Hands-Free Use of Mobile Devices Went into Effect Yesterday

On November 25, 2019, the Commonwealth of Massachusetts approved Chapter 122 of the Acts of 2019. Under this Act, operators of motor vehicles cannot use handheld electronic devices while driving. The Act specifically holds that no operator of a motor vehicle shall …

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U.S. Department of Education and U.S. Department of Health and Human Services Updates Joint Guidance on the Applicability of FERPA and HIPAA to Student Records

The U.S. Department of Education and the U.S. Department of Health and Human Services recently issued an update to their Joint Guidance on the Applicability of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and …

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U.S. Department of Labor Issues Final Rule on Joint Employer Regulations Under the Fair Labor Standards Act

On January 12, 2020, the United States Department of Labor (“DOL”) issued its final rule under the Fair Labor Standards Act (“FLSA”) governing joint employer status, which significantly narrows the scope of joint employer liability. Under the prior Administration, the DOL …

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