Brian J. Kelly

Representative Experience

• Represented and assisted multiple employers in collective bargaining negotiations with unions such as the United Auto Workers, International Brotherhood of Teamsters, United Steelworkers of America, the Service Employees International Union, and others.
• Assisted steel manufacturer, auto parts manufacturer, and other employers during strikes, lockouts, and associated unfair labor practice charges.
• Represented health care providers, manufacturers, and service providers and secured dismissals of hundreds of charges of discrimination, harassment, and retaliation filed with the United States Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, and other agencies in states such as Maryland, Pennsylvania, and Michigan.
• Represented health care providers, manufacturers, and service providers in state and federal court claims and administrative proceedings based on alleged failures to pay overtime wages to employees.
• Represented manufacturers, service providers, financial services firms, and staffing companies in litigation involving the violation and enforcement of non-competition, non-solicitation, and confidentiality agreements, including litigation involving temporary restraining orders, preliminary, and permanent injunctions and claims for damages.
• Obtained favorable summary judgment rulings in more than 25 cases in state and federal courts involving the complete dismissal of claims for employment discrimination, harassment, retaliation, breach of contract, wrongful discharge, and other matters.
• Represented construction contractor in state court trial regarding claims by former management employee for gender discrimination, harassment, and retaliation. Secured defense verdict in favor of the construction company following a jury trial.
• Represented health care facility in federal court trial regarding claims by a former care provider for race discrimination and intentional infliction of emotional distress. Secured defense verdict in favor of the health care facility following a jury trial.
• Represented national restaurant chain in federal court trial regarding claims by a former server for hostile environment sexual harassment and constructive discharge. Secured defense verdict in favor of the restaurant chain following a jury trial.
• Represented medical service provider in state court trial regarding claims by a former commissioned employee for breach of contract and unjust enrichment. Secured defense verdict in favor of the medical service provider following a jury trial.

Education & Admissions

Education

• University of Michigan Law School, J.D., cum laude, 1994
• University of Michigan, B.A. in Economics, with High Distinction, 1991

Bar and Court Admissions

• State of Ohio
• Supreme Court of Ohio
• U.S. Court of Appeals, Sixth Circuit
• U.S. District Court, Northern District of Ohio
• U.S. District Court, Southern District of Ohio
• U.S. District Court, Eastern District of Michigan
• Supreme Court of the U.S.

Involvement

Professional Affiliations

• The College of Labor & Employment Lawyers, Fellow (2019)
• Ohio Management Lawyers Association, Member
• Cleveland Employment Inn of Court, Member
• S. Equal Employment Opportunity Commission, Pro Bono Mediator
• Federal Court Panel of Alternative Dispute Resolution (U.S. District Court for the Northern District of Ohio), Past Panelist
• Federal Bar Association, Northern District of Ohio Chapter, Member
• Ohio State Bar Association, Labor and Employment Section, Member
• Cleveland Metropolitan Bar Association
  • Labor and Employment Section, Member
  • Bar Admissions Committee Chair (2020 – 2021)
• University of Michigan Alumni Association, Member

 Community Involvement

• Towards Employment, Board of Directors (2019 – Present)
• Cleveland Leadership Center, Leadership Cleveland (Class of 2022)
• Providence House, Board of Trustees

 Firm Involvement

• Chair, Labor and Employment Practice Group

Awards & Honors

• Honored on Crain’s Cleveland Business Notable Leaders in Employment & Labor Law list (2023)
• Featured as a Best Lawyers’ Cleveland “Lawyer of the Year”
  • Employment Law – Management (2019 – 2020)
  • Litigation – Labor & Employment (2021)
• Named to The Best Lawyers in America in the areas of Employment Law-Management, Labor Law-Management, and Litigation-Labor and Employment (2013 – Present)
• Recognized on Chambers USA in the area of Labor and Employment (2010 – 2023)
• Named to the Ohio Super Lawyers list (2005 – Present)
  • Top 100 Ohio Attorneys list (2020 – 2024)
  • Top 50 Cleveland Attorneys list (2020 – Present)

Publications

• “NLRB New Joint Employer Rule Put on Hold. . . Again,” Frantz Ward Labor & Employment Navigator (February 2024)
• “NLRB Gives Organized Labor An Easier Path To Unionization,” Frantz Ward Labor & Employment Navigator (August 2023)
• “Time is Running Out for Employers to Inspect I-9 Documents That Were Reviewed Virtually Under COVID Rules,” Frantz Ward Labor & Employment Navigator (May 2023)
• “NLRB Finds Common Severance Agreement Terms Illegal,” Frantz Ward Labor & Employment Law Navigator (February 2023)
• “Workplace Weapons Policies Facing Scrutiny Following Recent Mass Shootings,” Frantz Ward Labor & Employment Navigator (May 2022)
• “USWNT $64 Million Settlement Underscores Importance of Equal Pay Practices,” Frantz Ward Labor & Employment Navigator (February 2022)
• “Supreme Court to Address Workplace Vaccine Mandates Today,” Frantz Ward Labor & Employment Navigator (January 2022)
• “Federal Injunctions Impact Employer Vaccine Mandates,” Frantz Ward Labor & Employment Navigator (December 2021)
• “Paying employees for time spent getting a vaccine? Employers just might have to,” Frantz Ward Labor & Employment Navigator (August 2021)
• “EEOC Issues New Workplace Vaccination Guidance,” Frantz Ward Labor & Employment Navigator (May 2021)
• “Changing of the Guard, Part 1 – Employment Law Outlook Under the Biden Administration,” Podcast Guest, Shoveling Smoke – A Frantz Ward Lawcast (March 2021)
• “DOL Reinstates Unemployment Benefits for Workers Rejecting Unsafe Conditions,” Frantz Ward Labor & Employment Navigator (February 2021)
• “Significant Employment Law Changes on the Way in 2021,” Frantz Ward Labor & Employment Navigator (December 2020)
• “Keeping Politics Out of the Workplace? Plan Ahead to Avoid Legal Issues!” Frantz Ward Labor & Employment Navigator (September 2020)
• “Ohio Governor Signs Executive Order Regarding Unemployment Benefits for Employees Who Refuse to Return to Work,” Frantz Ward Labor & Employment Navigator (June 2020)
• “Drug Testing for Unemployment Applicants May Soon Be Coming,” Frantz Ward Labor & Employment Navigator (September 2019)

• “Department of Labor Comment Period Officially Opens for Overtime Rule Changes,” Frantz Ward Labor & Employment Navigator (March 2019)
• “Court Ruling Protects Transgender Employees From Discrimination And Rejects Employers’ Religious Beliefs As a Rationale For Mistreatment,” Frantz Ward Labor & Employment Navigator (March 2018)
• “The Department of Labor Wants You! (Or At Least Your Input On Proposed Overtime Changes)” Frantz Ward Labor & Employment Navigator (August 2017)
• “Sexual Orientation Discrimination Deemed Illegal Under Federal Law,” Frantz Ward Labor & Employment Navigator (April 2017)
• “Employee vs. Independent Contractor Misclassification: U.S. Department of Labor Issues Significant New Guidance,” Frantz Ward Labor & Employment Navigator (December 2016)
• “21 States and Private Sector Groups File Texas Lawsuits Seeking to Stop the DOL’s New Overtime Rules From Taking Effect on December 1,” Frantz Ward Labor & Employment Navigator (September 2016)
• “’Ban the Box’ Has Hit Ohio—New Law Restricts Inquiries About Applicants’ Criminal Histories,” Cleveland Metropolitan Bar Journal (May 2016)
• “Light Duty Positions for Pregnant Employees: Avoiding ‘Labor Pains’ in a Changing Legal Landscape,” Cleveland Metropolitan Bar Journal (May 2015)
• “Model Employee Policies for Ohio Employers—With Legal Commentary,” Associated Press
• Contributor, “The Fair Labor Standards Act,” BNA Books

Presentations & Lectures

• Co-Presenter, “Civility, Integrity and Openness in Labor Negotiations and Litigation,” NLRB Important Developments 2023, Columbus, OH (December 2023)
• Co-Presenter, “Significant Developments Under New Rules, Regulations and Cases from the EEOC, the DOL and the NLRB,” Frantz Ward Labor & Employment Seminar (June 2023)
• Co-Presenter, “Legal and Practical Issues When Hiring Individuals with Criminal Histories,” Frantz Ward Labor and Employment Seminar (June 2022)
• “Managing Mental Health and Burnout Issues Under the ADA in Post-COVID-19 Workplaces,” The Road Ahead Frantz Ward’s Labor & Employment Webinar Series (June 2021)
• “Re-Start Webinar Part 1: Legal Perspective,” Team NEO Webinar (March 2021)
• “COVID-19 Vaccine Policies and Pitfalls,” Construction Employers Association           (CEA) Webinar (March 2020)
• “LGBTQ Issues in the 2020 Workplace: Important Developments and Trends,” Frantz Ward Labor and Employment Webinar (November 2020)
• “COVID Commentary: Back to Business-Part 1 – Returning to the Workplace in the COVID-19 World,” Frantz Ward Webinar (April 2020)
• “Contractual and Workforce Issues Related to the Coronavirus Outbreak,” Construction Employers Association (CEA) Webinar (March 2020)
• Co-Presenter, “Significant Developments Under New Rules, Regulations and Cases from the EEOC, the DOL and the NLRB.” Frantz Ward Labor & Employment Seminar (June 2023)
• “Wage and Hour Developments: New Overtime Rules, FLSA Litigation Trends and Proactive Steps to Avoid Liability,” Frantz Ward Labor and Employment Law Seminar, Cleveland, OH (May 2019)
• “Employment Contracts: When and Why to Use,” Northeast Ohio Association of Corporate Counsel, Cleveland, OH (June 2018)
• “Ironing Out the Wrinkles: NLRB, DOL and Other Agency Developments and Updates Under the Trump Administration,” Frantz Ward Labor and Employment Law Seminar, Cleveland, OH (May 2018)
• “Joint Employer and Staffing Issues,” Association of Corporate Counsel, Cleveland, OH (June 2017)
• “Managing Transgender and Social Media Issues in the Modern Workplace,” Frantz Ward Labor and Employment Law Seminar, Cleveland, OH (May 2017)

• “New DOL Overtime Rules and Other FLSA Developments,” Ohio State Bar Association’s 53rd Annual Midwest Labor and Employment Law Seminar, Columbus, OH (October 2016)
• “New Department of Labor Overtime Rule,” The Ohio Manufacturers’ Association, Webinar (June 2016)
• “Protecting Your Confidential Information—Best Practices for Non-Competition and Con-Solicitation Agreements,” Crain’s Cleveland Business, Webinar (June 2016)
• “Dual Representation Issues in Employment Litigation,” Ohio Management Lawyers Association
• “The 2015 Amendments to the Federal Rules of Civil Procedure,” The Cleveland Employment Lawyers Inn of Court
• “LGBT Issues in the Modern Workplace,” Ohio Management Lawyers Association
• “Training Supervisors to Avoid Mistakes in the Hiring, Evaluation and Disciplinary Processes,” Construction Employers Association
• “Protecting The Company’s Competitive Edge: Non-Competition and Non-Solicitation Agreements,” NEOACCA
• “Social Media: HR Trends and Legal Issues”
• “Litigating Cases in Federal Court,” Federal Bar Association
• “The Ohio Healthy Families Act,” Cleveland Metropolitan Bar Association
• “The Ohio Healthy Families Act,” Employers’ Resource Council
• “The Hiring Process,” Lorman Educational Services
• “Navigating the Personnel Policy Jungle,” Employers’ Resource Council
• “Ohio Employment Law Form A to Z,” Lorman Educational Services
• “Employment Law Issues Under Ohio Issues 2 and 4,” Council of Small Enterprises (COSE)
• “Employment Contracts: When and Why to Use” Association of Corporate Counsel CLE Speaker Cleveland, OH (June 2018)
• “’Ban the Box’ Has Hit Ohio—New Law Restricts Inquiries About Applicants’ Criminal Histories,” Cleveland Metropolitan Bar Journal (May 2016)
• “Light Duty Positions for Pregnant Employees: Avoiding ‘Labor Pains’ in a Changing Legal Landscape,” Cleveland Metropolitan Bar Journal (May 2015)
• “Model Employee Policies for Ohio Employers—With Legal Commentary,” Associated Press
• “Fair Labor Standards Act, The New Regulations,” Ohio State Bar Association
• “Developments Under FLSA,” Sterling Education Services
• “Pros and Cons of Arbitration Agreements,” Employers Resource Council
• “Discipline and Termination: Supervisor Training,” Lorman Education Services
• “Recent Developments in Labor and Employment Law,” Northern Ohio Human Resources Conference
• “Human Resource Audits in Ohio,” Lorman Education Services
• “State and Federal Laws on Employee Leave, Vacations and Holidays,” Lorman Education Services
• “Keeping Yourself Out of Court: Conducting Timely and Thorough Sexual Harassment Investigations,” Council on Education in Management
• “Employee Discharge and Documentation in Ohio,” Lorman Education Services
• “Ohio Employment and Labor Law for the Construction Industry,” Lorman Education Services
• “Documenting the Termination Process: Separation Agreements,” Ohio State Bar Association
• “How to Reduce the Risks When Hiring and Firing Employees,” ADP Institute for Excellence
• “FMLA/ADA: What Every Employer Should Know,” ADP Institute for Excellence
• “Mandatory and Discretionary Time Off for Ohio Employees,” Lorman Education Services
• “Documenting the Hiring Process,” National Business Institute
• “Labor and Employment Update,” Northern Ohio Human Resources Conference
• “Strategies for Effective Recordkeeping and Employment Actions,” Lorman Education Services
• “FMLA, ADA and Workers’ Compensation,” Council on Education in Management
• “Designing and Changing Personnel Policies,” The Association of NonProfit Organizations

• “Basic Wage and Hour Law in Ohio,” National Business Institute
• “Character & Fitness Investigations,” Cleveland Metropolitan Bar Association

Media Coverage

• Mentioned in “Here are the 66 members of the Leadership Cleveland class of 2022,” Crain’s Cleveland Business (June 2021)
• Mentioned in “Lawyers, Firms Receive Recognition,” Cleveland Jewish News (January 2021)