Overview
An experienced strategist on corporate employment issues, Kelly works with businesses to protect and grow their market share. She advises buyers, sellers, and investors on the employment and labor aspects of mergers, acquisitions, divestitures, and restructurings. Her work includes conducting employment due diligence, identifying and allocating workforce-related liabilities, and negotiating employment-related representations, warranties, covenants, and indemnities in transaction documents. She also counsels clients on postclosing integration, including employee transfers, offer letter and retention strategies, harmonization of policies and benefits, and the treatment of executive and restrictive covenant agreements.
Kelly regularly guides employers through compliance with the federal Worker Adjustment and Retraining Notification (WARN) Act and analogous state "mini-WARN" laws in connection with transactions, plant closings, mass layoffs, and reductions in force. She helps clients determine whether WARN obligations are triggered, allocate WARN responsibility between buyers and sellers, plan the timing and sequencing of workforce actions, and prepare notices to employees, unions, and government officials. She also advises on selection criteria, severance programs, and separation agreements to reduce the risk of litigation.
Kelly provides insight and advice on compliance with local, state, and federal employment laws and defuses employment-related disputes through effective counseling and litigation defense. She represents clients when they encounter challenges related to the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA), Title VII, Equal Pay Act, WARN Act, and similar federal and state employment statutes. She also counsels employers on wage and hour classification issues, hiring practices, employment policies and procedures, complex leave of absence issues, restrictive covenants, sexual harassment investigations, and discipline and termination issues.
Credentials
Bar Admissions
Illinois
Michigan
Court Admissions
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the Central District of Illinois
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Illinois
U.S. District Court for the Southern District of Indiana
U.S. District Court for the Western District of Michigan
Education
Indiana University Maurer School of Law
J.D. magna cum laude, Order of the Coif (2002)
James Madison College at Michigan State University
B.A.
Insights & Events
Latest
Insights
Other Perspectives
- Paid Leave for Any Reason Is Coming to Illinois
Republished in Employee Relations Law Journal, Vol. 49, No. 1, Summer 2023
Firm Blog Contributions
- LaborSphere – a resource providing coverage and insights on breaking cases, recently enacted legislation and a broad range of labor issues
Honors
- Faegre Drinker — Pro Bono Honor Roll, 2023-25
- U.S. District Court, Northern District of Illinois - Excellence in Pro Bono and Public Interest Service Award, 2004