Christopher J. Kelly is Of Counsel in Ballard Spahr's Labor and Employment group. Chris has represented both public and private employers in a broad range of litigated matters, including wage and hour, harassment, discrimination, retaliation, whistleblower, breach of contract, unfair competition, and wrongful termination, and employment- and business-related tort claims in both state and federal courts across the country. Chris has handled labor arbitrations of disciplinary matters, assisted clients with state and federal wage and hour audits, and appeared before the Equal Employment Opportunity Commission on numerous matters.
Chris has served as lead counsel in a variety of matters and conducted trials to verdict and judgment. He has handled appeals before the New Jersey Superior Court Appellate Division and the U.S. Court of Appeals for the Third Circuit. Chris currently serves on both the New York State Bar Association's Committee on Courts of Appellate Jurisdiction and the New Jersey State Bar Association's Appellate Practice Committee.
Chris has expertise in navigating the complicated wage and hour issues arising under the California Labor Code and has successfully defended California Private Attorneys General Act suits. He has practiced extensively in California and New York and works closely with clients to ensure compliance with the unique training requirements and treatment of discrimination claims under New York and California law.
Chris has significant experience serving the legal needs of the public sector, higher education, and health care industries. He also has experience providing day-to-day employment counseling, as well as in drafting and reviewing policies and handbooks. Chris regularly advises clients on reductions in force and severance packages.
Prior to joining the firm, Chris served as a Deputy Attorney General in the New Jersey Attorney General's Office, defending New Jersey public employers against employment-related statutory, constitutional, and tort claims. In addition, he practiced in Los Angeles for six years, initially as a sole practitioner and then as managing partner of a five-attorney firm where he handled California state and federal discrimination and wage and hour matters as well as commercial litigation.
Representative Matters
- Successfully argued before the Third Circuit to uphold summary judgment in case alleging wrongful termination of public employee
- Obtained a directed verdict following a two-week jury trial vindicating a public university that terminated a university police officer found to be unfit to carry a gun
- Obtained two victories before the New Jersey Superior Court Appellate Division limiting discovery of confidential internal files
- Conducted internal investigations into employee misconduct
- Negotiated and drafted numerous employment agreements
- Obtained a published decision in the civil rights case of Doe v. Beard, 63 F. Supp. 3d 1159 (C.D. Cal., 2014), establishing that prisoners maintain a right to privacy in their medical records when that right does not interfere with the legitimate penological objectives of the correctional system
- Obtained summary judgment in numerous discrimination cases in federal and state courts
Pro Bono Experience
While in law school, Chris assisted in obtaining the release of Fernando Bermudez, who was incarcerated for 18 years in New York for a murder he did not commit.
Judicial Clerkship
Hon. Serena Perretti & Hon. Philip M. Freedman, Superior Court of New Jersey, 2008-2009