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

  • U.S. Department of Education Announces Timeline for Revisions to Title IX Regulations,” Mirick O’Connell Client Alert, December 14, 2021
  • What Employers Need to Know About the American Rescue Plan Act of 2021 and the anticipated Massachusetts COVID-19 Emergency Paid Sick Leave,” Mirick O’Connell Employment Law Webinar (April 16, 2021)
  • 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

Employers Must Remember Their Obligations under the Massachusetts Pregnant Workers Fairness Act

The Massachusetts Pregnant Workers Fairness Act (the “Act”), which went into effect on April 1, 2018, amended Massachusetts General Law c. 151B to include “pregnancy or a condition related to pregnancy, including, but not limited to, lactation, or the need …

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DOL Proposes to Revert the Independent Contractor Analysis to the Employee-Friendly Totality-Of-The-Circumstances Analysis 

On October 11, 2022, the Department of Labor (“DOL”) issued a new proposed rule, entitled “Independent Contractor Status Under the Fair Labor Standards Act,” for determining whether an individual is an independent contractor or an employee under the Fair Labor …

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EEOC Issues Updated Guidance Regarding COVID Screening by Employers

On July 12, 2022, the Equal Employment Opportunity Commission issued updated guidance for employers regarding COVID-19 testing and accommodations. Perhaps most impactful, the EEOC altered its position regarding employers testing employees for COVID-19 as part of a mandatory screening prior …

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Don’t Delay: MA Employers Are Now Strictly Liable for Three Times the Amount of Wages for Late Payments With No Safe Harbor for Paying in Full Prior to Suit!

Under the Massachusetts Wage Act (the “Wage Act”), if an employee voluntarily quits their employment, the employer must pay the employee their final wages, including any earned, unused vacation pay, on the employer’s next regular pay day. However, when an employee …

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The Times They Keep A-Changing: The New Illinois Restrictions on the Use of Non-Compete and Non-Solicit Agreements

The state-by-state non-compete reform movement keeps rolling – this time in the state of Illinois.  Effective January 1, 2022, the Illinois Freedom to Work Act has dramatically changed the landscape for employers in that state who desire to use non-compete …

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OSHA Withdraws COVID-19 ETS, But Signals That It Is Moving Forward with Final Rule

On January 25, 2022, OSHA announced the withdrawal COVID-19 Vaccination and Testing Emergency Temporary Standard (the “ETS”). In the announcement, OSHA stated that although it “is withdrawing the [ETS] as an enforceable emergency temporary standard, [it] is not withdrawing the …

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Supreme Court Stays OSHA’s COVID ETS

The OSHA COVID ETS is once again stayed. On January 13, 2022, the United States Supreme Court stayed OSHA’s Emergency Temporary Standard which required that employers with 100+ employees require employees to either (a) become vaccinated against COVID-19; or (b) …

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The District of Columbia’s Aggressive Ban on Non-Compete Agreements Likely to Take Effect in 2022

In December 2020, the District of Columbia Council passed and in January 2021, Mayor Muriel Bowser signed legislation entitled the Ban on Non-Compete Agreements Amendment Act of 2020 (the “DC Act”).  While the effective date of the Act was delayed …

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Don’t Forget! Minimum Wage Rates in Massachusetts Increase, Effective January 1, 2022

The minimum wage in Massachusetts will increase from $13.50 to $14.25 an hour, effective January 1, 2022. In addition, the minimum wage for tipped employees who make more than $20/month in tips will increase from $5.55/hour to $6.15/hour. Employers may …

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CDC Shortens COVID-19 Related Isolation and Quarantine Period, and Distinguishes Between Vaccinated Individuals With/Without Booster

On December 27, 2021, the CDC issued updated guidance which significantly shortens the periods of isolation and quarantine it recommends for COVID-related diagnosis and/or exposure. Specifically, the CDC now recommends that individuals who test positive for COVID-19 (regardless of vaccination …

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