Kelly M. Peña

Associate || Miami

Kelly M. Peña is an associate attorney in the Miami office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Ms. Peña’s practice focuses primarily on employment litigation. Ms. Peña represents management in administrative proceedings as well as all phases of litigation. She draws from considerable experience representing employers in discrimination claims, harassment claims, retaliation claims, public accommodation claims, and benefits litigation.

Ms. Peña is also active in the community. She serves on the Board of Directors and co-chairs the Public Relations committee for the Florida Association for Women Lawyers, Miami-Dade Chapter. Ms. Peña also regularly volunteers with Lawyers for Children America. Through LFCA, she organized and hosted Foster Youth Day in 2015, 2016, and 2017, serving over 200 current and former foster youth, and she has also organized CLE programming on representing young women in foster care.

Learn more about Kelly M. Peña
  • Helped obtain a favorable verdict representing a national underwriting company as plaintiff in a breach of contract and fraud action, resulting in a $13 million judgment
  • Defended management in discrimination claims, including claims of pregnancy discrimination and sexual orientation discrimination
  • Defended management in wage and hour claims, including nationwide collective actions under the Fair Labor Standards Act
  • Represented national clients over contested employee benefits, with numerous interpleader actions favorably resolved
  • Defended companies in public accommodation litigation under the Americans with Disabilities Act

Education

  • J.D., Northeastern University School of Law, 2013
  • B.A., University of California, Berkeley, 2009

Admittance to Practice

  • Florida
  • U.S. District Court, Middle, Northern and Southern Districts of Florida
  • U.S. Court of Appeals, Eleventh Circuit

Professional Activities

  • Florida Association for Women Lawyers, Miami-Dade Chapter, Board of Directors, Public Relations Co-Chair
  • Labor and Employment Law Section of the Florida Bar, Publications Subcommittee
  • Lawyers for Children America, pro bono attorney ad litem
  • YWCA, Court Care Silent Auction Committee Member
  • The Defense Research Institute
  • The Rich Coast Project, Board of Directors
  • The Cystic Fibrosis Foundation, 40 Under 40 Nominating Committee

Speeches

  • Florida Association for Women Lawyers (MDFAWL) - "Taking on Workplace Sexual Harassment in the #MeToo Era" - Miami - March 8, 2018
  • ACC Webcast - "Addressing LGBTQ Issues in the U.S. Workplace and Abroad" - January 30, 2018
  • Lawyers for Children America and the Florida Association for Women Lawyers Roundtable - "Representing our Future: Empowering Women and Girls" - Miami - June 23, 2016
  • April 26, 2018 - Eleventh Circuit Court of Appeals Weekly Update - "Written Consent is Enough in the Eleventh Circuit"
  • January 2018 - The Florida Bar Journal - "LGBT Discrimination in the Workplace: What Will the Future Hold?"
  • September 2017 - The Labor and Employment Law Section of the Florida Bar - "Southern District of Florida Court Adopts WCAG Guidance for Website Accessibility"
  • August 2017 - The Florida Bar, Labor & Employment Law Section, Vol. LVII, No. 1 - "The DOJ Reaches Settlement over FCA Whistle-blowers' Objections"
  • March 2017 - The Florida Bar, Labor & Employment Law Section, Volume LVI No. 3 - "Tribal Sovereign Immunity and the ADEA"
  • November 2016 - The Florida Bar, Labor & Employment Law Section, Vol. LVI, No. 2 - "State Court Case Notes"
  • July 2016 - The Florida Bar, Labor & Employment Law Section, Vol. LVI, No. 1 - "Federal District Court Case Notes"
  • May 27, 2016 - The Labor and Employment Law Section of The Florida Bar May 2016 E-Update II - "The Department of Labor’s Final Rule on Overtime Exemptions: How Will This Impact You or Your Clients?"
  • February 2016 - The Checkoff, Labor and Employment Law Section of the Florida Bar, Vol. LV No. 2 - "Florida District Court Case Notes"
  • September 2015 - The Advisor - Vol. XXXVIII, Issue 4 - "Sexual Orientation and Employee Benefits"
  • June 2015 - Defense Research Institute - Life, Health and Disability Newsletter, Vol. XXVI, Issue 2 - "An Update on Relapses"
  • June 2015 - Defense Research Institute - Life, Health and Disability Newsletter, Vol. XXVI, Issue 2 - "An Update on Relapses"
  • September 2012 - The Labor and Employment Law Section of the Florida Bar, E-Update - "Is Pregnancy Discrimination Covered Under the FCRA, or Not?"
  • Florida Association Women Lawyers 2016 Leader in the Law Logo
  • Pi Sigma Alpha
  • Fellow for Northeastern University’s Program on Human Rights and the Global Economy
  • Board of Directors, Miami-Dade FAWL
  • John Edward Smith Child Advocacy Award (2015)
  • Leader in the Law–Florida Association for Women Lawyers (2016)
  • Rising Star – Florida Association for Women Lawyers, Miami-Dade Chapter (2016)
  • 40 Under 40 Outstanding Lawyers of South Florida – The Cystic Fibrosis Foundation (2016)
  • Florida Super Lawyers Rising Star (2017-2019)

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