Kimberly Harding

Partner at Nixon Peabody
On the record

I focus my practice on labor and employment counseling and litigation, doing everything from employee handbook reviews to labor negotiations. Mostly, I assist employers to implement their business and employee strategies consistent with their obligations under employment laws such as Title VII, the Fair Labor Standards Act (FLSA), the National Labor Relations Act (NLRA), the Employee Retirement Income Security Act (ERISA), the New York State Human Rights Law, the New York Labor Law, and others. I also defend employers from these types of claims in state and federal courts and before administrative agencies.

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  • The passage of the law basically makes the usage of marijuana a legal activity under state law. The law means companies can’t deny employment, discipline or discharge employees for use of marijuana when off-duty and off-site. So, from an employer’s perspective, we still have the ability and the right to discipline or discharge an employee who is impaired at work, whether that’s marijuana or any other substance. But ascertaining whether that’s actually the case becomes a little more difficult. Just like we’re likely not taking actions for many employees who go to happy hour, or have a drink with their friends on the weekend, that will probably be a similar practice with respect to marijuana use going forward.

    3 June 2021