2011 Super Lawyers Pro Bono Award
Attorney Profile

Joel P. Kelly

Joel Kelly

Jackson Lewis LLP
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017

Los Angeles

California (CA)

Contact Contact Joel P. Kelly
T: 213-689-0404
F: 213-689-0430

Visit: www.jacksonlewis.com
Practice Areas: Employment Litigation: Defense (70%), Class Action/Mass Torts (20%), Employment & Labor (10%)

Employment Litigation: Defense

Class Action/Mass Torts

Employment & Labor

Profile

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).

 

Selected To

Southern California Super Lawyers 2012
Southern California Super Lawyers 2011
Southern California Super Lawyers 2010
Southern California Super Lawyers 2009

About Joel Kelly

Admitted: 1981, California

Professional Webpage: www.jacksonlewis.com/people.php?PeopleID=289

Scholarly Lectures and Writings:

  • “But My Accountant Told Me.....”  A Primer On The Sometimes Harsh Reality Of Tax Treatment Of Payments Made In Settlement Of Employment Claims (Los Angeles County Bar Association, 2006)   
  • “When You’re Called To Testify: Improving Your Effectiveness As A Witness In Depositions And Adversarial Legal Proceedings” (Unpub. 2005)
  • “Waiter, I’ll Just Have The Soup of the Day”:  The Unguided Proliferation of Unfair Competition Claims Under Business & Professions Code § 17200 (Unpub. 2003)    
  • “Sue While You Work:  How To Prevent And Defend Against Retaliation Claims Brought By Current Employees,” (Association of Corporate Counsel, 2002)
  • “Dealing With Mental Illness In The Workplace: What Do You Really Need To Know?”  HR Advisor (Warren, Gorham & Lamont, Mar. 1999). 
  • “Conducting Effective Pre-Employment Interviews: Save Time, Money, Angst (and Possibly Years of Litigation),” HR Advisor (Warren, Gorham & Lamont, Jan. 1999); 
  • “Reducing Your Biggest Workplace Cost – Employees!  Managing Your Business Through Proper Use of Temporary, Lease and Contract Workers,” (Unpub. 1998); 
  • The Strained Silence in the Land: Workplace Harassment Law and Employee Free Speech,” HR Advisor (Warren, Gorham & Lamont, Nov. 1996); 
  • “Whose Email Is It Anyway? The Increasing Popularity of Electronic Mail In The Workplace Raises Difficult Legal and Practical Issues Pitting Employee Privacy Against Management’s Need to Know,” HR Advisor (Warren Gorham & Lamont, Mar. 1996); 

Verdicts and Settlements:

  • Pankov v. Precision Interconnect (D. Or. Dec. 13, 2001) 2001 U.S. Dist. LEXIS 22325 [Defense verdict in jury trial alleging age, gender, and national origin based discrimination and retaliation in violation of state and federal law].
  • Mansury v. Macy's West, Inc. (Los Angeles Superior Court) [Representing employer in putative class action by commissioned sales employees alleging improper overtime commission calculations, unlawful commission deductions, conversion of labor, improper wage statements and unfair business practices under Cal. Bus. and Prof. Code Section 17200.  Motion to compel arbitration on individual basis granted.  Action subsequently dismissed].
  • Allen v. Bloomingdale’s (Los Angeles Superior Court) [Representing employer in putative class action by employees alleging missed meal and rest breaks, failure to pay split shift premiums, failure to pay waiting time penalties, failure to pay for uniform purchase and unfair business practices. Motion to compel arbitration on individual basis granted.  Action subsequently dismissed].
  • Unsell v. Bloomingdale’s (Los Angeles Superior Court) [Representing employer in putative class action by employees alleging off the clock work, unlawful wage deductions, missed meal and rest breaks, waiting time penalties, improper wage statements, conversion of wages, and unfair business practices]. Motion to compel arbitration on individual basis granted.  Action subsequently dismissed].
  • Montague v. Huntington Holdings, Inc. (Los Angeles Superior Court) [Nominal plaintiff’s verdict on claims for retaliatory discharge brought by executive assistant fired for willful disobedience and fraud.  Judgment in favor of employer on cross complaint exceeded plaintiff’s recovery]. 
  • Huffman v. International Baking Company (Los Angeles Superior Court) [Plaintiff’s verdict in age discrimination case brought against baked-products company arising from plaintiff’s demotion Judgment completely reversed on appeal due to plaintiff’s attorney’s trial misconduct and erroneous jury instructions]. 
  • Taylor v. Lockheed Martin Aeronautics [Arbitration award in favor of defense contractor on whistleblowing and race discrimination claims by engineering employee working at Vandenberg Air Force Base.]
  • Kaufman v. Nourmand & Associates  (Los Angeles Superior Court) [Defense verdict in jury trial of claims brought by independent agent against real estate firm and brokerage owner for sexual harassment, sexual assault, constructive discharge, and intentional infliction of emotional distress].
  • Aguilar v. Avis Car Rental System, Inc.  (San Francisco Superior Court)  [Four-month jury trial in suit brought by 17 Latino employees of Avis, alleging race and national origin based discrimination and harassment. Directed verdict granted as to claims of five plaintiffs; defense verdict granted as to nine plaintiffs.]
  • Shoemaker v. NBC [Arbitration award in favor of employer in matter alleging wrongful discharge of NBC carpenter who was discharged for threatening worker’s compensation investigator.]  
  • Snider v. Alliant Foodservice, Inc.  [Arbitration award in favor of employer in matter alleging wrongful discharge of foodservice driver who was discharged for violating DOT record-keeping regulations.] 
  • Hunter v. The Ivy (Los Angeles Superior Court) [Defense verdict in jury trial of claims brought by two female restaurant employees for gender-based discrimination, slander and intentional infliction of emotional distress.  Sanctions awarded against plaintiffs’ counsel for unethical conduct, including possession of stolen client property.]
  • Federman v. Charles Schwab & Co. (Santa Barbara Superior Court)  [Directed verdict granted at close of plaintiff’s case in jury trial alleging claims by former branch manager for wrongful discharge in violation of public policy and defamation arising from plaintiff’s discharge for conflict of interest.]
  • Martin v. Continental Insurance Co. (Los Angeles Superior Court) [Plaintiff’s verdict in jury trial of claims brought by in-house claims attorney for insurance company for wrongful discharge, slander and interference with contract; judgment reversed on appeal due to erroneous jury instructions.]
  • Henry v. Holiday Inns, Inc.  (United States District Court, Southern District of California)  [Defense verdict in bench trial alleging claims by hotel cook for wrongful discharge in violation of collective bargaining agreement and intentional infliction of emotional distress; affirmed on appeal.]
  • Williams v. Hillhaven, Inc. (United States District Court, Western District of Washington) [Directed verdict granted in bench trial of claim by nursing home employee for race-based discrimination.]
  • Dewey v. Ogden Aviation, International (Los Angeles Superior Court) [Defense verdict in jury trial alleging claims brought by female airport security employee for HIV-based discrimination and wrongful discharge.]
  • Funk v. Sperry Corp., 842 F.2d 1129 (9th Cir. 1988) [No breach of implied covenant of good faith and fair dealing in layoff of 25-year manager due to corporate restructuring and plant closing]., 1988
  • Meech v. Hillhaven, Inc., 776 P.2d 488 (Mont. 1989)  [Landmark Montana Supreme Court ruling upholding constitutionality of Montana Wrongful Discharge from Employment Act, which defines exclusive grounds for claims of wrongful termination and sets cap on recoverable damages in most discharge cases]., 1989
  • Matthews v. Superior Court, 34 Cal. App.3d 598 (1995) [Imposing individual liability under Fair Employment & Housing Act for claims of sex-based harassment and discrimination; overruled in substantial part in Fiol v. Doellstedt, 50 Cal.App.4th 1318 (1996)]., 1995
  • Opp v. Source One Management, Inc., 591 N.W.2d 101 (N. Dak. 1998) [North Dakota Supreme Court adopted “reasonable person” standard for sexual harassment claims brought under state law and affirmed dismissal of harassment and retaliatory discharge by male employee against female supervisor]., 1998
  • Aguilar v. Avis Rent A Car System, Inc., 21 Cal.4th 121 (1999) [In case of first impression, California Supreme Court ruled that First Amendment and California Constitution do not prohibit prior restraint of racially derogatory remarks in the workplace]., 1999
  • Taylor v. Lockheed Martin Corp., 78 Cal.App.4th 472 (2000) [Enclave Clause of U.S. Constitution bars state law claims for wrongful discharge and race discrimination brought by discharged aerospace employee who worked exclusively on federal Air Force base]., 2000
  • Levitan v. Fanfare Media Works, Inc., 2003 Cal. App. Unpub. LEXIS 4545 (Cal. Ct. App. 2003) [reversing trial court’s finding that employer had waived right to seek arbitration in class action by participating in pre-suit settlement discussions]., 2003
  • Roe v. Ecolab Inc. (Cal. Ct. App., 6th Dist 2006)  [Representing employer pest control company in arguing on appeal that state law overtime exemption for drivers who transport hazardous materials applies to employees in wage-hour class action involving approximately 500 pest control specialists; plaintiffs’ petition for writ denied]., 2006
  • Hicks v. Macy’s Dep’t Stores, Inc., 2006 U.S. Dist. LEXIS 68268, *; 153 Lab. Cas. (CCH) P60,294 (N.D. Cal. 2006) [compelling arbitration of wage and hour claims on individual basis and striking class allegations; ban on class actions contained in employer’s opt – out arbitration policy is not unconscionable]., 2006
  • Moore v. Gilead Sciences, Inc. 2006 Cal. App. Unpub. LEXIS 4297 (Cal. Ct. App. 2006) [Biopharmaceutical company’s good faith investigation into allegations of employee time card fraud negates element of discriminatory and retaliatory intent in wrongful discharge and race discrimination case arising from plaintiff’s discharge for misconduct]., 2006
Map Location

Super Lawyers Magazine
What is Super Lawyers

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Read more »