Kelly M. Peña

Of Counsel || Miami

Kelly is an experienced employment lawyer who aggressively advocates for her clients and provides guidance on a range of issues.

Employment Litigation

Kelly has extensive experience representing employers in connection with a range of claims, including the following:

  • Title VII of the Civil Rights Act of 1964 (Title VII)
  • Equal Pay Act of 1963 (EPA)
  • 42 U.S.C § 1981 (Section 1981)
  • Americans with Disabilities Act (ADA)
  • Age Discrimination in Employment Act (ADEA)
  • Family and Medical Leave Act (FMLA)
  • Fair Labor Standards Act (FLSA)
  • State whistleblower laws
  • State and local human rights and anti-discrimination claims

Administrative Work

Kelly also regularly represents employers in state, local, and federal administrative proceedings throughout the United States. She conducts related investigations, prepares position statements, and she negotiates favorable resolutions with a variety human rights agencies. Kelly has also obtained numerous “no reasonable cause” determinations, nearly all of which were affirmed on appeal.

Employment Counseling

Kelly also counsels employers of all sizes, ranging from Fortune 50 companies to family-owned operations. She regularly advises clients on litigation strategy and she offers best-practice guidance on a number of employment-law topics, ranging from job terminations, discipline and suspensions, position eliminations, alleged harassment, failure-to-promote/hire claims, and pay equity issues.

Workplace Investigations

Kelly is also frequently retained to conduct workplace investigations, stemming from alleged employee misconduct, harassment, and alleged sexual assault. She prepares detailed findings and recommendations for clients spanning various industries, such as healthcare, construction, professional services, and hospitality.

Industries

Kelly has experience representing employers in various industries, including the following:

  • Banking and finance
  • Consulting
  • Energy/Utilities
  • Healthcare
  • Hospitality
  • Retail/Sales
  • Staffing

Community Engagement

Kelly is also active in her community. In her spare time, Kelly serves on the Board of Directors for the MDFAWL Foundation, helping to raise funds and review scholarship applications for law students. She also serves on the Leadership Committee for the Florida Association for Women Lawyers, Miami-Dade Chapter.

 

Learn more about Kelly M. Peña

Education

Admittance to Practice

Professional Activities

  • Florida Association for Women Lawyers
  • Labor and Employment Law Section of the Florida Bar
  • The Rich Coast Project, Board of Directors
  • MDFAWL Foundation, Board of Directors

Speeches

Best Lawyers - Ones to Watch Award

Insights by Kelly M. Peña