Education

Boston University School of Law, J.D.
Brown University, B.S., magna cum laude

Bar Admissions

Massachusetts
Rhode Island

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Miriam McKendall

Partner
Boston
t: 617-573-5846

Miriam J. McKendall concentrates her practice in employment law, education law and related litigation. She provides counseling to clients in employment related issues, such as negotiation and preparation of employment agreements and severance agreements; investigation and defense of sexual harassment and discrimination claims; wage and hour compliance; defense of claims pending at the MCAD, EEOC, DOL, and state and federal courts; OSHA compliance and litigation; the development of workplace policies and preventative strategies for containment of potential employee claims; and training of human resource managers and administrators. She also provides counseling to clients in matters related to higher education, including student discipline and disability issues.

Ms. McKendall completed the Occupational Safety and Health Act Forty Hour Training Course (OSHA 500) taught by the United States Department of Labor in 1994, and has been a panelist on OSHA Thirty Hour Training Programs. She frequently presents on employment and academic matters, and compliance issues.

Professional Honors & Awards

  • Massachusetts Super Lawyer
  • The Best Lawyers in America

Memberships

  • American Bar Association
  • Massachusetts Bar Association
  • National Association of College and University Attorneys
  • Center for Excellence in Higher Education Law and Policy, Stetson University College of Law, International Advisory Board
  • Federal Bar Association, District of Massachusetts, Past Officer
  • Associated General Contractors of Massachusetts, Former Member, Safety Committee
  • National Association of Women in Construction, Boston Chapter, Former Director
  • Brown University Club of Boston, Former Director

Speaking Engagements

  • Speaker, Stetson University College of Law 30th Annual National Conference on Law and Higher Education, February 2009
  • ABA Labor & Employment Outreach Program, Boston University School of Law, March 2008
  • Employment Law Update: New Requirements, Clarifications and Predictions, Stetson University College of Law 29th Annual National Conference on Law and Higher Education, February 2008
  • Introduction to OSHA - Thirty Hour OSHA Certification Programs, Associated General Contractors of Massachusetts, 1995 -2008
  • Litigation Holds, Spoliation of Evidence, and the Brave New World of Electronic Discovery, Southern New England Colleges and Universities Professionals, December 2007
  • Legal Counsel’s Role in Policy Formulation and Administration, Stetson University College of Law 28th Annual National Conference on Law and Higher Education, February 2007
  • Successful Strategies for Effective Use of Legal Counsel and the Containment of Legal Costs, Stetson University College of Law 28th Annual National Conference on Law and Higher Education, February 2007
  • When Law and Science Clash: How to Handle High Risk Issues on Campus When Lawyers and Health Professionals Have Differing Perspectives, Stetson University College of Law 27th Annual National Conference on Law and Higher Education, February 2006
  • Update on the Legal Arena of Employment Issues, Southern New England Colleges and Universities Professionals, November 2005
  • The Fair Standards Act: How the Revised Regulations Have Impacted Educational Institutions And Developing Effective Compliance Policies, University of Vermont Law 15th Annual Conference on Legal Issues in Higher Education, October 2005
  • Effective Training Programs and Preventing Retaliation Claims: Who, What, and How, National Association of College and University Attorneys, Mid-Year Conference on Civil Rights and Wrongs: College and University Discrimination Law, March 2005
  • A Case Study of the Intersection Between Policy, Law and Science: Sex, Alcohol, and Athletic Recruiting on College Campuses, Stetson University College of Law 26th Annual National Conference on Law and Higher Education, February 2005
  • Federal Wage and Overtime Law Issues Affecting the Status of Employees and Graduate Students, Stetson University College of Law 26th Annual National Conference on Law and Higher Education, February 2005
  • New Exemption Rules: Changes to the Fair Labor Standards Act Regulations and How They Impact Positions Unique to Educational Institutions, Southern New England Colleges and Universities Professionals, September 2004
  • Law and Science Perspectives on a Systematic Approach to Policy Development: Overview and Case Study, Stetson University College of Law 25th Annual National Conference on Law and Higher Education, February 2004
  • Privacy and Confidentiality: Current Law and Policy, Association for Interdisciplinary Initiatives in Higher Education Law and Policy (AII), September 2003
  • Solving the Disconnect Between Policy Development and the Prevention of Liability: How to Implement Successful Assessment Mechanisms in Law and Policy Initiatives, Stetson University College of Law 24th Annual National Conference on Law and Higher Education, February 2003
  • Avoiding Employment Litigation Landmines: Practical Advice for Managing Employees and their Supervisors, Association of Independent Schools of New England, December 2001 and January 2003
  • Avoiding Employment Litigation Landmines: Practical Advice for Managing Employees and their Supervisors, Southern New England Colleges and Universities Professionals, December 2002
  • Legal Rights of Individuals with Disabilities: Issues on Federal Statutory Practice, Boston University School of Law, March 2002
  • Encouraging Faculty Early Retirement Without Violating the ADEA, National Association of College and University Attorneys, Annual Conference, June 2001
  • Violence in the Workplace – A Crisis Management Plan, Associated General Contractors of Massachusetts, May 2001
  • Personnel Issues for 2001 and Beyond, Massachusetts Lodging Association Annual Conference, December 2000
  • Avoiding Employment Claims, Construction Financial Management Association, Massachusetts Chapter, November 2000
  • Unscrambling the FMLA, ADA and Worker's Compensation Statutes, Consortium of Human Resource Directors of Local Colleges, February 2000
  • Top Ten Personnel Issues for the Millennium, Construction Financial Management Association, November 1999
  • Hot Workplace Issues: Romance, Privacy and Violence - Appropriate Communications in the Workplace, Business Development Associates, The 11th Conference For Women Corporate Counsel, January 1999

Published Articles & Books

  • "The Law of the Time Clock," The Chronicle of Higher Education, The Law in Academe, May 2005
  • "Firing Smart: What to Know to Stay Out of Court," Mass High Tech, September 1999