Labor Relations Update
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Timothy Kelly

Tim Kelly is an associate in the Labor Department, where he focuses on workplace discrimination, harassment, retaliation, and wrongful termination litigation, as well as traditional labor disputes and collective bargaining negotiations. He has worked on matters before the Second Circuit, various district and state courts, and several arbitral bodies including FINRA, and has helped clients navigate and defend against investigations by the National Labor Relations Board and the Equal Employment Opportunity Commission. He also frequently counsels clients on drafting arbitration agreements.

He is committed to pro bono engagement and has played a leading role in discovery in several cases, including both an arbitrary detention case and a disability discrimination class action. In the latter, he also defended the deposition of one of the named plaintiffs.

Tim graduated magna cum laude from Temple University Beasley School of Law, where he won more graduation prizes for writing than any other student in his year.  He was a member of the Editorial Board of the Temple Law Review and served as the Editor-in-Chief of Temple’s Political and Civil Rights Society blog. Also while at law school, Tim interned in the chambers of U.S. Magistrate Judge Tim Rice (E.D. Pa.) and U.S. Magistrate Judge Doug Arpert (D.N.J.).

Prior to joining Proskauer, Tim clerked for Justice Lee Solomon of the Supreme Court of New Jersey. He has published articles on tort, constitutional, and international law. He has another article forthcoming from the American Bar Association Journal of Labor & Employment Law, entitled A Dozen Years of Pyett: A Win for Unionized Workplace Dispute Resolution (co-authored with Proskauer Partner Paul Salvatore), and is writing a chapter for an employment law treatise on EEOC investigations.

Tim earned an M.A. in Philosophy from The New School for Social Research and a B.A. cum laude from Skidmore College.

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NLRB Plans to Revise Joint Employer Standard Once Again

On Friday, December 10, 2021, the Board announced in its regulatory agenda that it plans to engage in rulemaking on the standard for determining whether two employers are “joint employers” under the NLRA.  It remains to be seen exactly what the contours of the new joint-employer rule would be, although it has been widely predicted … Continue Reading

BREAKING: Senate Committee Proposes Bill to Add Civil Penalties to NLRA

As we have discussed previously (here, here, here and here), Congressional Democrats have been attempting to amend the National Labor Relations Act (“NLRA”) for the last few years.  However, attempts to invoke sweeping changes to a number of areas of the NLRA through the Protect the Right to Organize Act (“PRO Act”) have stalled in … Continue Reading

Here We Go Again: NLRB Foreshadows A Potential Return To Micro-Units

The ability to form smaller bargaining units by breaking up larger aspects of an employer’s organization—sometimes called “micro-units”—is generally seen as an effort to enhance the ability of unions to gain entry into an employer by making it easier to organize.  Those opposed to the practice, including both employers and trade groups, contend that carving … Continue Reading
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