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

  • Can Employers Mandate Vaccine? Experts Discuss Strategies to Maintain Workforce Health and Safety in the Era of COVID-19,” Telegram & Gazette, April 14, 2021
  • “Board of Elementary and Secondary Education Adopts Emergency Regulations Addressing Student Learning Time,” Mirick O’Connell Client Alert, December 18, 2020
  • “New Regulations Surrounding the Paid Medical Leave Act,” Worcester Regional Chamber of Commerce Webinar (October 28, 2020)
  • “The Next Phase in the COVID-19 Battle for School Districts: Budget Cuts, Furloughs, Layoffs and Collective Bargaining,” Mirick O’Connell Client Alert (May 15, 2020)
  • “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

DOL Publishes Model Notices for COBRA Subsidies

As we previously reported, on March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (“ARPA”) into law, which includes a COBRA premium assistance program. Pursuant to ARPA, the Department of Labor (DOL) was instructed to issue model notices …

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American Rescue Plan Act Contains COBRA Subsidies

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (“ARPA” or the “Act”) into law. The Act creates a six-month subsidy period, from April 1, 2021 to September 30, 2021, during which individuals who lost health …

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The American Rescue Plan and Paid Leave: What Employers Need to Know

On March 10, 2021, Congress passed the American Rescue Plan Act of 2021.  President Biden is expected to sign the Act into law by March 14, 2021. Employers are rightfully eager to learn whether the Act extends the Families First …

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Massachusetts Federal Court Denies Motion to Dismiss Defamation Claim After Employee is Escorted Out of Work Following Termination

By: Jonathan Sigel, Esq. and Ashlyn Dowd, Esq. The Federal District Court of Massachusetts recently denied a defendant company’s motion to dismiss a defamation claim following the termination of the company’s Vice President.  The plaintiff former employee, Sandra Madden, was …

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EEOC Opinion Letter: Older Workers Benefit Protection Act (OWBPA)

On January 14, 2021, the Equal Employment Opportunity Commission (EEOC) finally issued an opinion letter addressing the long standing issue of whether information about non-U.S. citizen employees working outside of the United States must be included in the information disclosure …

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Link Fixed! Minimum Wage Increases to $13.50 Per Hour While Holiday and Sunday Premium Pay for Retail Employees Continues Down The Path To Abolishment

As of January 1, 2021, the minimum wage for regular employees (i.e., non-tipped minimum wage employees) increased to $13.50 per hour.  The minimum wage is scheduled to increase twice more, to $14.25 and $15.00 per hour, on January 1, 2022 …

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President Biden Issues Executive Order Regarding Workplace Discrimination

That was quick! On his first day in office, President Joseph Biden issued the Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.  With the Executive Order, President Biden instructed each federal agency …

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COVID-19 Related Updates for Massachusetts Employers

New COVID Relief Bill On Monday, December 21, 2020 the United States Congress passed the Consolidated Appropriations Act, 2021, which includes several provisions aimed at providing COVID-19 relief (the “Relief Bill”).  As public employers and employers with less than 500 …

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EEOC Releases Guidance on Mandatory Vaccinations

With Pfizer’s COVID-19 vaccine receiving emergency approval from the FDA, and emergency approval for Moderna’s vaccine expected shortly, many employers are wondering whether they can require employees to receive the vaccine once it becomes available to the general public. On December …

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Massachusetts’ Sector Specific Workplace Safety Standards for Office Spaces Updated

Governor Baker’s administration updated Massachusetts’ Sector Specific Workplace Specific Safety Standards for Office Spaces to Address COVID-19 (the “Standards”).  While all employers operating office spaces are advised to review the complete Standards, key provisions are: Face coverings: workers and visitors …

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