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Kelly Bunting, Co-Chair of the firm's Labor & Employment Practice's Workplace Compliance & Counseling Group, has considerable experience defending class and collective wage and hour litigation and misclassification claims, having defended employers in Title III ADA access litigation and litigation alleging race, sex, pregnancy, age, disability discrimination, harassment, and retaliation. She is deeply experienced in all virtually aspects of employment litigation, including wage and hour, labor, Title VII, harassment, discrimination, wrongful termination, non-competition and non-solicitation, trade secrets, SOX and Dodd Frank whistleblower claims, CEPA, ADEA, FMLA, NJLAD, and failure to accommodate issues. She has identified and managed employment issues in M&A deals and appeared before the EEOC, NLRB, and DOL in many states, as well as state agencies in DE, NY, NJ and PA. Kelly has represented many clients in mediation and settlement negotiations, and created HR and compliance training modules. She is regularly sought after as a workforce trainer for issues related to harassment and discrimination, FCPA compliance, good management techniques, and union avoidance.

Kelly focuses much of her practice on international L&E issues, including employment/secondment contracts, data privacy, and global anti-corruption compliance. She advises clients on national and international handbook policies, procedures, and strategic HR issues, and provides day-to-day counsel in hiring, employee relations, employee discipline, and termination. She also conducts and advises on internal investigations.

Concentrations

  • Labor and employment litigation
  • Employment/HR counseling
  • International labor and employment law
  • Compliance/HR training

Capabilities

Experience

  • Defeated conditional and class certification on behalf of global retailer in six different multi-state class and FLSA collective actions alleging misclassification, failure to pay overtime and failure to pay minimum wage.
  • Obtained summary judgment in NJ federal court on behalf of hospital system and individual defendants in case alleging disability discrimination, whistleblowing, FMLA retaliation and wrongful termination.
  • Obtained summary judgment in PA state court on behalf of multi-state mental health care company in case alleging joint employment, harassment, hostile work environment and retaliation.
  • Obtained summary judgment in PA federal court on behalf of hospital system in case alleging race, gender and age discrimination.
  • Obtained dismissal of case in PA federal court on behalf of cellular phone retailer in case alleging harassment, hostile work environment and constructive discharge.
  • Obtained withdrawal of complaint in PA federal court on behalf of placement agency in case alleging disability discrimination, wrongful discharge and retaliation.
  • Obtained summary judgment in PA state court on behalf of furniture manufacturer and individual defendant in case alleging overtime pay violations.
  • Pro Bono: Obtained release and vindication of actually innocent juvenile lifer who served 28 years in prison for murder convictions overturned due to prosecutorial misconduct.
  • Before pursuing her legal career, Kelly had a multidisciplinary career in broadcasting, communications and public relations. Her experience included stints as an Executive News Producer; News/Public Service Director; radio and television news anchor; and program host of QVC, a retailing network. Kelly also held positions in marketing and advertising.

Recognition & Leadership

  • Listed, The Best Lawyers in America
    • Litigation - Labor and Employment, 2019-2022
    • Employment Law - Management, 2022
  • Listed, The Legal 500 United States
    • Labor and Employment - Workplace and Employment Counseling, 2014-2016, 2018-2022
    • Labor and Employment - Workplace and Employment Counseling, "Other Key Lawyer," 2022
    • Labor and Employment Litigation, 2021
  • Listed, Who’s Who in Labour & Employment Law, 2018-2022
  • Team Member, The American Lawyer’s “Regional Litigation Department of the Year - Pennsylvania,” Finalist, 2018
  • Team Member, U.S. News - Best Lawyers, "Best Law Firms" - Litigation - Labor & Employment, Philadelphia Metropolitan Tier 2, 2017
  • Team Member, a Law 360 "Employment Practice Group of the Year," 2011 and 2013

 

  • American Bar Association, Management Co-Chair of the Labor & Employment Section’s International Labor and Employment Law Committee, 2021-Present
  • American Bar Association, Co-Chair of International Employment Law Committee in the Section of International Law, 2019-2021
  • American Bar Association, Management Co-Chair of Membership Development Committee in the Labor and Employment Section, 2020-2021
  • American Bar Association, Management Co-Chair of Revenue and Development Committee in the Labor and Employment Section, 2019-2020
  • International Bar Association, Member, Newsletter Contributor
  • Co-Chair, Labor and Employment Committee, Philadelphia Bar Association, 2009 -2010
  • Pennsylvania Bar Association, Member; and Philadelphia Bar Association, Member
  • Pro bono volunteer for Juvenile Lifer Project, Innocence Project, Philadelphia Lawyers for Social Equity and States United Project

Credentials

Education
  • J.D., Temple University Beasley School of Law
  • B.A., Communications, Broadcast News, University of South Florida
Clerkships
  • Academic Law Clerk, Hon. Louis H. Pollack, U.S. District Court for the Eastern District of Pennsylvania, Federal Judicial Clerkship Honors Program, 2000-2001

Admissions
  • Pennsylvania
  • New Jersey
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania