Ranked by Chambers USA and Legal 500 as a leading labor and employment defense team, we have deep credibility and an impressive record of success in employment litigation and other disputes.
We have advocated for the interests of employers for more than 60 years in state and federal courts, before federal, state, and local agencies, and in arbitration and mediation.
When litigation becomes necessary, we see it through to its most effective resolution, whether through alternative dispute resolution, arbitration, settlement, or trial. We benchmark our own goals against yours, looking beyond the conclusion of a dispute to its long-term impact on your employees, your reputation and goodwill, and your business and operational objectives.
“Kelley Drye has a deep bench of outstanding lawyers who are consistently available and responsive. They are very good at handling complex matters.”
- Client feedback, Chambers USA: America’s Leading Lawyers for Business
We represent employers in every form of employment litigation:
- Employment discrimination
- Breach of contract
- Wage and hour
- Harassment, hostile environment, and retaliation claims
- Whistleblower claims
- Compensation disputes and claims under the Fair Labor Standards Act
- Enforcement of noncompete, NDAs, and other restrictive covenants
- Partnership disputes, dissolution, and breach of fiduciary duty allegations
- Employment class action defense
We represent clients in state and federal courts throughout the country in a wide range of disputes concerning noncompetition, non-solicitation, and nondisclosure agreements, as well as relating to the protection of confidential information and trade secrets.
Our lawyers have broad experience both asserting and defending cases involving misappropriation of trade secrets, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, the Economic Espionage Act, the Computer Fraud and Abuse Act, state criminal codes, restrictive covenants, employee raiding, customer raiding, and departures of key employees.
Our goal is to minimize risk and achieve an outcome that makes sense for our clients—whether that’s closure of an inquiry or investigation, a favorable settlement, or successful litigation. Our team has a unique perspective developed from years serving as in-house counsel to retailers, consumer product manufacturers, and financial services firms.
Our team members also include those who served in the FTC’s Bureau of Consumer Protection, the New Jersey Office of the Attorney General, and the U.S. Attorney’s Office for the Southern District of New York. We enjoy strong relationships and a well-earned reputation for integrity and credibility with attorneys at every level of the FTC, in the offices of state attorneys general, and with many class action-focused plaintiffs’ firms.
We routinely defeat large employment class actions in state and federal courts across the country. Many employment class action claims achieve class certification, so we take pride in avoiding that and have often defeated class certification before significant discovery or even before filing an answer to a complaint. Through the various strategies we have honed, our team consistently turns large potential class actions into a manageable handful of small, easy-to-settle (or to dismiss) individual claims.
Our wage and hour attorneys provide tailored, practical, and business-focused advice to clients on wage and hour compliance and guidance on avoiding common pitfalls under both state and federal law. We also help our clients conduct self-audits to identify and remedy compliance gaps and defend them in audits conducted by the US Department of Labor and state agencies.
We can help you navigate the FLSA and state wage and hour laws involving:
- Minimum wage and overtime requirements
- Independent contractor and overtime misclassification issues
- Employee compensation
- Tips and payment of tipped employees
- Meal and rest breaks
- Work before and after scheduled shifts
- Remote work