- J.D., Washington University Law School, 1986
- B.A., Vanderbilt University, 1983
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court, Middle District of Florida
- U.S. District Court, Southern District of Florida
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Northern District of Texas
- U.S. District Court, Southern District of Texas
- U.S. District Court, Western District of Texas
AV® Preeminent™ Peer Review Rated, Martindale-Hubbell®
From Our Video Library
F (954) 707-4558
Kelly H. Kolb has defended employment claims for over 20 years before State and federal courts, administrative bodies and arbitration panels. He has successfully defended State and Federal discrimination, sexual harassment, retaliation, USERRA, FMLA cases, FLSA overtime, wrongful termination, wage, and unemployment claims. He has fought FLSA overtime compliance audits by the U.S. Department of Labor, Wage and Hour Division, and has successfully litigated FLSA collective action overtime suits. He has successfully litigated ERISA and COBRA claims, defending both employers and plan administrators. He has drafted and successfully enforced and voided non-compete agreements in the petroleum, health care and financial services industries. Mr. Kolb draws on this experience to advise management on best practices and claims avoidance, and to oversee internal investigations. He serves clients in the marine, healthcare, video retail, aerospace and electronics industries.
He has represented insurers in coverage and bad faith litigation, and has significant experience issuing coverage opinions and reservation of rights letters in the context of E&O, D&O, CGL, Maritime, Commercial Vehicle and Excess/Umbrella policies.
Presentations and Publications
In the News
- “NJ Bridge Debacle Disrupts Protocols for Employee Email,” Quoted and Interviewed, Law360, January, 2014
- “Dolphins’ locker room isn’t only workplace with a bully,” Quoted and Interviewed, Miami Herald, November 2013
- “White Cop Wins $620,000 in Racial Discrimination Lawsuit,” Quoted and Interviewed, Lawyers.com, August, 2013
- “What to Do About the Bully in Your Workplace,” Quoted and Interviewed, Intuit, April 2013
- NewsRadio 970 WFLA interviews Kelly Kolb regarding the Martin-Incognito saga and bullying in the workplace.
- NewsRadio 970 WFLA interviews Kelly Kolb regarding if employers can legally make employees get flu shots.
- NewsRadio 970 WFLA interviews Kelly Kolb regarding the case of the Pasco teacher who was fired for allegedly "Facebook Snooping" on her students.
- NewsRadio 970 WFLA interviews Kelly Kolb regarding "Liking" Your Employer's Opposition
- NewsRadio 970 WFLA interviews Kelly Kolb regarding the recently released data from the state that the welfare drug test program (preliminarily ruled unconstitutional) is not saving the state the millions promised by Gov. Scott, but is rather costing the state more money than if the state had granted welfare benefits to everyone flunking the drug tests.
- NewsRadio 970 WFLA interviews Kelly Kolb regarding whether state employees should be subjected to random drug tests.
- NewsRadio 970 WFLA interviews Kelly Kolb regarding Florida's welfare drug testing program being ruled unconstitutional.
- NewsRadio 970 WFLA interviews Kelly Kolb regarding the new ruling on how much information a potential employer can gather about you through social networking sites.
- “The Second Term U.S. Dept. of Labor – Litigating the Extremes,” Co-Speaker with Margaret Villella, ACC South Florida Chapter’s 4th Annual CLE Conference, September 20, 2013
- Miami Chamber of Commerce HR Insight Conference, Panel Presenter, March 15, 2013
- 17th Annual ACI Wage & Hour Claims and Class Action symposium, Panel Presenter, January 24-25, 2013
- "The FLSA: Off-The-Clock Work, Misclassification Claims, Smart Phones, Settlement Issues and More," Speaker, Fowler White Boggs’ Employment Law Seminar, Fort Myers, February 2013
- “Defining ‘On the Clock’ and Factoring in the Latest Developments in Meal and Rest Breaks and Tipped Employee Claims.” American Conference Institute’s 17th National Forum on Wage & Hour Claims and Class Actions, Panel Speaker, January 2013
- “Social Media, Lexis/Nexis,” Presenter, Counsel to Counsel Forum, Nashville, TN, June 2011
- “Legal Aspects of Social Media in HR,” Presenter, St. Lucie County HR Association, June 2011
- “Top 10 Employment Issues for 2010,” Presenter, Marine Industry of South Florida, January 2010
- “Drug and Alcohol Testing,” Presenter, Texas Association for Responsible Non-Subscribers Conference, April 2002
- “Workplace Bullying: Is It Your Company’s Dirty Little Secret?” Guest Column Author, Career Attraction, October 2013
- “A Developing and Simple “Faragher” Defense to FLSA Claims,” Guest Column Author, Corporate Compliance Insights, January 2013
- "Election Season Heats Up—In the Office, Too," Quoted and Interviewed, Corporate Counsel, October 2012
- “Obesity in the Workplace - Is it Considered a New Protected Class,” Guest Column, South Florida Business Journal, July 2012
- “Drug Testing Law May Need Some Tweaking,” Guest Column Author, Sun Sentinel, March 2012
- “More Investigations, Tighter Enforcement,” Author, Daily Business Review, January 2011
- “The Economics of Vigilance in Payroll,” Author, Florida Medical Business Journal, August 2009
- “Pay for Performance in the Public Sector to Recruit and Retain Your Best Employees,” Author, Council on Education in Management Public Sector Employment Personnel Law Update, September, 1999
- The Florida Bar: Labor & Employment and Trial Lawyer Sections
- State Bar of Texas: Insurance, Employment and Litigation Sections
- Broward County Bar Association
- College of the State Bar of Texas
- Dallas Bar Foundation: Fellow
- Dallas Bar Association: Tort/Insurance and Employment Sections
- Federal Bar Association
- Florida State University Center for HR Management: Board Member
- Human Resources Association of Broward County
- Marine Industry Association of South Florida
- Society for Human Resource Management
- Vanderbilt University Admissions Interviewer
- Dallas Bar Association Habitat for Humanity Home Project: 1992-2009; Co-Chair 1996