About Kelly

Kelly L. DeGance has extensive experience in labor and employment law, including litigating claims and defending employers in proceedings at the local, state and federal levels. Kelly routinely represents management in labor relations.

Areas of Expertise

Trial Experience

Trial experience at both the state and federal levels

Wage and Hour Litigation

Defends individual claims as well as collective actions brought pursuant to the Fair Labor Standards Act (FLSA) and claims for wages, bonuses and other forms of compensation
Represents clients during investigations conducted by the Wage and Hour Division of the U.S. Department of Labor
Regularly provides training and conducts workplace seminars on topics related to wage and hour compensation

Civil Rights Litigation

Represents employers in claims alleging age, race, sex, national origin, pregnancy, disability, sexual orientation, religious discrimination and other forms of employment discrimination at both the administrative agency level and in state and federal courts
Appointed by the United States District Court to represent a client in a Constitutional rights case involving claims of excessive force; awarded by the federal bench for her work on that case

Higher Education

Represents educational institutions in a variety of employment matters, including faculty grievance issues, contractual disputes, issues related to academic freedom and tenure, and claims of discrimination and harassment
Conducts training for educational institutions on the Family Educational Rights and Privacy Act (FERPA) and routinely provides advice and counsel on the requirements of FERPA
Defends academic institutions against various claims made by students

Employment Contracts, Non-Competition Agreements and Workplace Issues

Litigates the enforceability of contractual provisions within employment contracts, including non-competition agreements and other restrictive covenants
Prosecutes and defends claims for breach of fiduciary duty, misappropriation of trade secrets, tortious interference and civil conspiracy
Provides advice and counsel to clients with respect to various workplace issues, including hiring, discipline and termination of employees
Routinely conducts workplace investigations into claims of harassment, discrimination and other unlawful practices

Interplay Among Medical Leave Laws

Provides advice and counsel to clients regarding the interplay among the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and state worker's compensation laws
Litigates claims brought pursuant to these laws and conducts seminars and workshops to educate organizations on how to avoid potential claims

Reductions in Force (RIF)

Provides advice and counsel to clients regarding best practices with respect to terminations and reductions in force
Keeps clients informed of the federal Worker Adjustment and Retraining Notification Act (WARN) requirements with respect to mass layoffs and plant closings

Independent Contractor versus Employee

Conducts internal audits nationwide for transportation providers, colleges and other corporate entities in order to assess whether workers are properly classified as independent contractors versus employees

Whistleblower Claims

Defends employers against claims made pursuant to the public and private whistleblower laws

Civil Litigation

Defends clients against breach of contract claims, fraud claims, breach of warranty claims, Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claims, Truth in Lending Act (TILA) claims and other consumer protection statutes

Labor and Arbitration

Represents management in collective bargaining disputes, unfair labor practice charges, and throughout the grievance process, and has also participated in numerous labor arbitrations

Previous Experience

Prior to co-founding Alexander DeGance Barnett, Kelly worked within the national labor, employment and benefits practice group at the law firm of Holland & Knight. Preceding that, Kelly served as a judicial law clerk to The Honorable Howard T. Snyder, United States Magistrate Judge. Before attending law school, Kelly worked as a mental health counselor.

Honors & Distinctions

• Leadership Jacksonville, Class of 2011
• Holland & Knight 2010 Class of Rising Stars
• Federal Bar Association 2009 Spirit of Giving Award
• Holland & Knight Pro Bono Champ 2007
• Faculty Award for Outstanding Academic Achievement 2002, Florida Coastal School of Law

Memberships

• ABA Labor and Employment Section
• The Florida Bar, Labor and Employment Section
• Society for Human Resource Management
• National Association for College and University Attorneys
• Chester Bedell Inn of Court
• Jacksonville Bar Association

Admissions

• The Florida Bar
• U.S. District Court for the Middle District of Florida
• U.S. District Court for the Northern District of Florida
• U.S. District Court for the Southern District of Florida
• U.S. Court of Appeals for the Eleventh Circuit

Speaking Engagements

• "Union Avoidance - Communicating with Employees," Jacksonville, Florida, July 2010
• “Opening the Floodgates - 2009 changes to ADA and FMLA,” Holland & Knight webinar, January 2009
• “Giving You the Dirt on the Fair Labor Standards Act,” Jacksonville, Florida, August 2007
• “The Fair Labor Standards Act: Understanding the Basics,” Jacksonville, Florida, March 2006

Education

• Florida Coastal School of Law, J.D., with highest honors
• University of West Florida, M.A., summa cum laude, Psychology
• University of Florida, B.S., Psychology

Community Involvement

• I.M. Sulzbacher Center for the Homeless Board of Directors
• Leadership Jacksonville

Outside of the Office

Outside of the office, Kelly spends most of her time watching her two children, Amanda and Christopher, play soccer. Kelly also enjoys running, biking and spending time with family and friends.