Photo of Brian Kelly

Brian is the Chair of the firm’s Labor and Employment Practice Group and is named to the prestigious Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Employment and Labor.

Brian focuses his practice on the representation of management in all phases of labor relations and employment litigation. Brian regularly represents employers in litigation before federal and state courts, administrative agencies and arbitrators involving employment discrimination and harassment, wrongful discharge, theft of trade secrets, breaches of non-compete agreements and other employment contract topics. Brian also has extensive experience counseling employers on employment topics ranging from FMLA and ADA compliance to reduction in workforce planning and implementation. In the labor relations area, Brian has significant experience in collective bargaining negotiation, union avoidance techniques and strike disputes. Brian has also developed and implemented personnel policies and in-house training programs on a variety of labor and employment law topics.

A federal judge on Tuesday blocked the FTC’s controversial ban on noncompete agreements. The judge’s ruling ends months of speculation and prevents the FTC’s near-total ban on noncompete agreements from taking effect as planned on September 4.

Tuesday’s ruling came from US District Judge Ada Brown in connection with a case filed in Dallas by

In a move that gave hope to many business groups, a federal judge in Texas temporarily blocked a controversial new National Labor Relations Board “joint employer” rule on February 22. The new rule, which had been set to take effect on February 26, is designed to make it easier for the NLRB to label businesses

Videoconferencing made many employee onboarding tasks easier under COVID-related rules, including the inspection of passports, birth certificates and other I-9 documents. Those COVID-related rules are ending, however, and employers now have to conduct an in-person inspection of all I-9 documents that they examined virtually.

Federal law has long required employers to complete a Form I-9

The NLRB this week once again ruled that a relatively common employment practice violated federal labor law, continuing what some are seeing as a trend under the current administration. This time, the NLRB ruled that it was illegal for an employer to offer employees a severance agreement that prohibited them from making disparaging statements about

The recent spate of mass shootings in the U.S. is understandably causing many employers to re-examine their workplace weapons policies. As with all workplace issues, however, employers should be careful to make sure their policies comply with applicable laws. Ohio law, for example, has for years prohibited employers from banning firearms and ammunition from their

Although the U.S. Women’s National Soccer Team’s pay discrimination settlement this week was notable for its $24 million price tag, it is also notable because it highlights the very real risk that employers face over unequal pay practices.

Members of the USWNT originally filed the case in 2019 accusing U.S. Soccer (the sport’s governing body)

Did the federal government overreach when it issued emergency rules forcing employers to impose vaccine mandates? The United States Supreme Court will take up that important question today when it examines emergency COVID-19 vaccine rules issued by the Occupational Safety and Health Administration and the Centers for Medicare & Medicaid Services.

The Supreme Court

A recent barrage of federal injunctions has caused substantial confusion for employers who were preparing to comply with federal vaccine mandates, including mandates involving OSHA, CMS and federal contractors. As a result, many covered employers are re-evaluating their plans to take the following points into consideration:

  1. The federal injunctions stop the government from forcing certain

Almost immediately after the FDA issued full approval of the Pfizer/BioNTech COVID-19 vaccine earlier this week, employers began rolling out mandatory vaccination policies. These policies are raising a variety of legal and practical questions for employers, including whether employers are required to compensate employees for time spent getting the vaccine.

Although the answer to this