Kelly has extensive experience in labor and employment law, including litigating claims and defending employers in proceedings at the local, state, and federal levels. Kelly also represents management during labor arbitrations and while negotiating collective bargaining agreements, and she provides advice and counsel on compliance issues and throughout the grievance process. In addition to her litigation experience, Kelly serves as outside general counsel for multiple clients, where she provides advice on a broad range of legal issues. Kelly is AV Preeminent Rated by Martindale-Hubbell and is proud to be consistently named to the Best Lawyers in America listing.
Trial Practice: Has tried many cases, both jury and non-jury, in state and federal courts.
Labor and Arbitration: Represents management in collective bargaining negotiations and disputes, unfair labor practice charges, throughout the grievance process, and has also represented clients in numerous labor arbitrations. Regularly provides workplace training on union avoidance, positive associate relations, and management strategies for successfully working with unions.
Wage and Hour Litigations: Defends individual claims as well as collective actions brought pursuant to the Fair Labor Standards Act (FLSA) and claims for wages, bonuses, and other forms of compensation.
Represents clients during investigations conducted by the Wage and Hour Division of the U.S. Department of Labor.
Provides advice and counsel to clients to ensure compliance with the Davis-Bacon Act and the Service Contract Act.
Regularly provides training and conducts workplace seminars on topics related to wage and hour compensation.
Civil Rights Litigation: Represents employers in claims alleging all forms of discrimination at both the administrative agency level and in state and federal courts.
Appointed by the United States District Court to represent a client in a Constitutional rights case involving claims of excessive force and was awarded by the federal bench for her work on that case.
Higher Education: Represents educational institutions in a variety of employment matters, including faculty grievance issues, contractual disputes, issues related to academic freedom and tenure, and claims of discrimination and harassment.
Conducts training for educational institutions on the Family Educational Rights and Privacy Act (FERPA) and routinely provides advice and counsel on the requirements of FERPA.
Defends academic institutions against various claims made by students.
Employment Contracts, Non-Competition Agreements, and Workplace Issues: Litigates the enforceability of contractual provisions within employment contracts, including non-competition agreements and other restrictive covenants.
Prosecutes and defends claims for breach of fiduciary duty, misappropriation of trade secrets, tortious interference, and civil conspiracy.
Provides advice and counsel to clients with respect to various workplace issues, including hiring, discipline, and termination of employees.
Routinely conducts workplace investigations into claims of harassment, discrimination, and other unlawful practices.
Interplay Among Medical Leave Laws: Provides advice and counsel to clients regarding the interplay among the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Pregnant Workers Fairness Act (PWFA), and state worker’s compensation laws.
Litigates claims brought pursuant to medical leave laws and conducts seminars and workshops to educate organizations on how to avoid potential claims.
Reductions in Force (RIF): Provides advice and counsel to clients regarding best practices with respect to terminations and reductions in force.
Regularly conducts adverse impact analyses for clients.
Advises clients on federal and state Worker Adjustment and Retraining Notification Act (WARN) requirements with respect to mass layoffs and plant closings.
Independent Contractor versus Employee: Conducts internal audits nationwide for corporate clients, transportation providers, and colleges and universities to assess whether workers are properly classified as independent contractors versus employees.
Whistleblower Claims: Defends employers against claims made pursuant to the public and private whistleblower laws.
Civil Litigation: Defends clients against breach of contract claims, fraud and other tort claims, breach of warranty claims, Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claims, Truth in Lending Act (TILA) claims, and other consumer protection statutes.
Advises clients and defends claims against corporations brought pursuant to the Trafficking Victims Protection Reauthorization Act (TVPRA).
Prior to co-founding Alexander DeGance Barnett, Kelly spent seven years working within the national labor, employment and benefits practice group at the law firm of Holland & Knight. Preceding that, Kelly served as a judicial law clerk to The Honorable Howard T. Snyder, United States Magistrate Judge. Before attending law school, Kelly worked as a mental health counselor.
Outside of the office, Kelly spends most her time with her husband, Telis, and with her two children, Amanda and Christopher. Kelly also enjoys running, travel, and quality time with her family and friends.