Miriam J. McKendall is an attorney in Holland & Knight's Litigation and Dispute Resolution Practice and is a member of the firm's Labor, Employment and Benefits Group. Ms. McKendall also serves as co-chair of the firm's National Education Team. She concentrates her practice in employment law, education law and related litigation.
Ms. McKendall defends clients in employment and education related litigation and agency proceedings, such as claims of discrimination and retaliation, including Title IX, non-payment of wages and employee misclassification, as well as tort claims and breach of contract claims, pending at the Massachusetts Commission Against Discrimination (MCAD), U.S. Equal Employment Opportunity Commission (EEOC), U.S. Department of Labor (DOL), the Office for Civil Rights (OCR), U.S. Department of Education (ED), and state and federal courts. In addition to defending claims, Ms. McKendall works with clients to assess and navigate threatened claims to avoid litigation and achieve early and effective resolutions of disputes. She leads clients through complex negotiations and resolution of claims involving high level personnel, reputational issues and high media exposure. Ms. McKendall's work also includes workplace investigations, ranging from advising clients as they conduct investigations internally to conducting investigations herself and leading comprehensive investigations, in particular of allegations of employee and faculty misconduct.
For educational institutions, Ms. McKendall provides advice in the areas of student discipline, student disability, Title IX and sexual misconduct matters, campus security and Clery Act compliance, tenure and faculty governance issues, as well as advises presidents and boards of educational institutions on matters of high impact.
Ms. McKendall advises clients on achieving and maintaining legal compliance, including the development of workplace policies, training of managers, exempt and non-exempt employee classifications, employee lay-offs and furloughs and related compliance issues, and implementing preventative strategies for containment of potential claims. She works closely with client leadership on crisis management issues, in order to align legal strategies to best serve the mission and objectives of the client. Ms. McKendall frequently presents to leadership personnel on legal obligations, student and academic matters, policy development and compliance issues.
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