Mr. Kelly is a partner in the Los Angeles office of Jackson Lewis LLP. He is a veteran employment litigation and trial attorney, and provides counsel to employers from Alaska to Texas on a wide variety of workplace issues. He litigates disputes on behalf of employers in the areas of wrongful discharge and discipline, discrimination and harassment, whistle-blowing, retaliation, unfair trade practices, trade secrets and confidentiality, and related matters. Mr. Kelly also advises clients on issues related to the broad spectrum of employer-employee relations, including employee hiring and termination and workplace investigations.
Mr. Kelly’s experience is not limited to the courtroom, however. For more than 25 years he has conducted human resource counseling and management training, emphasizing a preventative approach to avoiding labor problems and reducing employer liability. He is a requested speaker at seminars for clients, local bar associations, and personnel management groups on how to conduct effective internal investigations, respect in the workplace, and managing within the law to minimize litigation and human resource problems, among other topics. He is a regular CLE instructor on employment law topics and provides expert witness consultation and trial testimony regarding all facets of labor and employment law, including standards for personnel policies, employee handbooks, and the investigations of workplace misconduct.
Mr. Kelly has expertise in complex class actions, including those involving EEO and wage-and-hour issues, and has handled more than 40 class actions and representative actions during the past 10 years. The cases have involved many different issues, including alleged misclassification of employees, independent contractors, vacation and paid time off, wages and tips, overtime, off-the-clock work, meal and rest periods, recordkeeping, wage statements, reimbursement of business expenses, and suitable seating.
Mr. Kelly has defeated class certification in several recent wage-hour class actions. See Mora v. Big Lots Stores, Inc. (2011) 194 Cal.App.4th 496 (California court of appeal upheld the trial court’s order denying class certification in executive exemption case; trial court denied class certification concluding common questions did not predominate over individualized inquiries because the activities performed by store managers varied substantially based on the size of the store, the type of merchandise each store carries, the number employees supervised, the time of year, the personality and judgment of the individual store manager and additional, periodic challenges at particular stores); and Baker v. Big Lots Stores, Inc. (C.D. Cal. 2009, CV 08-01450 GAF (FMOx)) (federal district court denied plaintiff’s class certification motion for allegedly missed rest periods).
Southern California Super Lawyers 2012
Southern California Super Lawyers 2011
Southern California Super Lawyers 2010
Southern California Super Lawyers 2009
Admitted: 1981, California
Professional Webpage: www.jacksonlewis.com/people.php?PeopleID=289
Scholarly Lectures and Writings:
Verdicts and Settlements:

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