Mr. Kelly has handled a variety of employment law matters. Mr. Kelly's work has involved allegations of theft of trade secrets and confidential information, misclassification of independent contractors, breaches of noncompetition agreements and other restrictive covenants, wage and hour violations, unlawful retaliation and discrimination, unfair labor practices; affirmative action violations, and breaches of contract. Mr. Kelly's cases have ranged from single-plaintiff disputes before administrative agencies to large complex class actions in federal court.
Mr. Kelly also frequently drafts and negotiates a variety of employment-related documents, including offer letters, executive employment contracts, restrictive covenant agreements, incentive compensation plans, transition services agreements, separation agreements, reduction in force plans and disclosures, and corporate personnel policies. Often, Mr. Kelly performs this work in support of mergers and acquisitions that are part of the firm's transactional practice.
Additionally, Mr. Kelly contributes to counseling clients on compliance with labor and employment laws, including the Fair Labor Standards Act and analogous state minimum wage and overtime laws, state wage payment laws, the Americans with Disabilities Act, the Office of Federal Contract Compliance Programs' affirmative action regulations, the Family and Medical Leave Act and analogous state laws, and the Fair Credit Reporting Act and analogous state background check laws.
Prior to his involvement in the firm's labor and employment practice, Mr. Kelly was a member of a case team that defended a national financial institution in a multi-district litigation dispute where the plaintiff, a sophisticated nationwide life insurance agency, alleged that the financial institution committed common law fraud through its mortgage lending practices. On this matter, Mr. Kelly prepared his colleagues to depose several of the plaintiff’s chief executive officers and to mediate the case for settlement.
Finally, Mr. Kelly regularly provides pro bono labor and employment advice to non-profit organizations.