Kevin D. Kelly

Although Kevin’s practice covers the gamut of labor and employment counseling and litigation, he is particularly experienced in traditional labor issues, such as union election campaigns, strikes and picketing, and the negotiation of collective bargaining agreements. He handles labor arbitrations involving a variety of issues, and he regularly counsels companies in the construction, residential management, and other industries on labor-management relations issues, including discipline and discharge of union employees, and interpretation of collective bargaining agreements. Kevin is counsel to the Apartment Building Owners and Managers Association of Illinois, a multiemployer bargaining association in the residential management space, and he is also counsel to two Taft-Hartley trust funds.

In addition to his experience in employment discrimination, wage and hour, whistleblower, and labor litigation, Kevin also represents clients in non-competition and trade secret litigation in a variety of forums. He prepares viable restrictive covenants for companies, and he drafts numerous employment and severance agreements for C-level executives and other employees.

Kevin regularly assists clients with workplace investigations, wage and hour compliance reviews, reductions in force, employee handbook reviews, ADA reasonable accommodation issues, compliance with state and federal leave laws and local sick leave ordinances, implementation of pre-dispute arbitration programs, OSHA compliance, and affirmative action issues. He often conducts workplace training for supervisors on a variety of employment law topics.

Kevin’s previous experience includes four years of service in the U.S. Navy as communications officer and ordnance officer onboard the cruiser USS Ticonderoga (CG-47).

• As counsel to the Apartment Building Owners and Managers Association of Illinois, guided the negotiation of the Chicago city-wide collective bargaining agreements covering janitorial and door staff for hundreds of residential buildings.
• Obtained a complete dismissal of a multimillion-dollar federal court class action against a construction client by enforcing an arbitration provision and class action waiver in a collective bargaining agreement.
• Defended a staffing company in a class action case under the Illinois Wage Payment and Collection Act involving more than 21,000 class members and negotiated a comprehensive settlement of the matter on a claims-made basis.
• Defended a construction firm in three separately filed wage and hour class actions in California and negotiated a settlement of the matters following consolidation and removal to federal court under CAFA.
• Obtained a federal court injunction halting a widespread work stoppage by a union that violated a no-strike clause in a collective bargaining agreement.
• Defended a construction firm against retaliation claims under state law in a bench trial in federal court in Portland, Oregon.
• Guided multiple clients through large-scale reductions in force in 2008-2009 and 2020.
• Counseled numerous clients on the implementation of pre-dispute arbitration agreements covering employees in multiple states, including the structuring of such agreements to avoid class/collective action claims.

• Crain’s Chicago Business, Notable Leader, Employment and Labor Law (2023)
• Best Lawyers in America®, Employment Law – Management (2016-2026)
• Super Lawyers® Illinois, Employment & Labor (2018-2022)
• Super Lawyers® Illinois Rising Star, Employment & Labor (2008-2010)