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Email: kborelli@murphyaustin.com
Telephone: 916-446-2300 Ext. 3010
Direct Fax : 916-329-3011

Kelly Borelli's practice emphasizes the representation and defense of management in labor and employment matters, including wrongful termination, discrimination, harassment, unfair competition, trade secrets misappropriation, workplace torts, wage and hour claims, and other employment-related claims in both state and federal courts and before administrative agencies. Kelly also specializes in counseling employers in all aspects of employer-employee relations. Kelly has received the BV Peer Review Rating (very high legal ability) by LexisNexis Martindale-Hubbell.

Kelly frequently speaks on issues facing California employers to groups such as Council on Education in Management and Lorman Education Services and has authored articles on wrongful termination and demotion, employment discrimination, workplace torts, and leaves of absence. Kelly also is a mediator and arbitrator in employment cases.

 She is a member of the California State Bar Labor and Employment Law Section, the Labor and Employment Law Section of the American Bar Association, and the Sacramento County Bar Labor and Employment Law Section. She is also an active member of California Women Lawyers and Women Lawyers of Sacramento. Kelly currently serves on the board of directors of the UC Davis School of Law Alumni Association, and she is past president of the board of directors for Sacramento Court Appointed Special Advocates (CASA), a nonprofit organization which trains adult volunteers to represent the interests of abused and neglected children who have become wards of the court in Sacramento County. Kelly is a graduate of the Leadership Sacramento 2001 program, sponsored by the Sacramento Metropolitan Chamber of Commerce. Kelly currently serves as General Counsel and ex officio board member for Center for AIDS Research, Education and Services (CARES) in Sacramento.

 Kelly received her B.A. degree in international relations from Stanford University in 1985 and her J.D. from the University of California, Davis, School of Law in 1992. She is admitted to practice in California and is also licensed to practice before the U.S. District Court (Eastern District and Northern District of California). Kelly has studied in Florence, Italy and is proficient in Italian.

Areas of Practice

Labor and Employment Law, Americans With Disabilities Act - Access to Public Accommodations

Education

  • University of California, Davis School of Law
    J.D., 1992

  • Stanford University
    B.A., 1985
    International Relations

Representative Experience

  • Represented employers through arbitration, summary judgment, and/or settlement in defense of claims of employment discrimination and harassment (age, race, disability, gender, ethnic origin, and retaliation); breach of employment contract; wrongful termination in violation of public policy; and constructive termination in state and federal courts as well as before the California Department of Fair Employment and Housing and the U.S. Equal Employment Opportunity Commission.
  • Co-chair, 2-week jury trial in Yolo County Superior Court (wrongful termination in violation of public policy based on Labor Code section 132a) to a unanimous verdict for the employer.
  • Co-chair, 2-month jury trial in Placer County Superior Court (sexual harassment, hostile work environment, defamation) to a unanimous verdict for the employer.
  • Arbitrated wrongful termination cases under the NLRA.
  • Successfully represented employers in NLRB investigation into claims of unfair labor practices.
  • Represented employers before the Workers’ Compensation Appeals Board in defense of numerous claims of violations of Labor Code section 132a (retaliation) and Labor Code section 4553 (serious and willful misconduct).
  • Obtained permanent injunctions on behalf of employers to protect employees from threats of violence in the workplace.
  • Represented employers in state court in claims against former employees and other businesses for unfair competition, trade secrets misappropriation, and related business torts.
  • Represented employers in state court in defense of unfair competition, trade secrets misappropriation, defamation, interference with contractual relations and interference with prospective business relations claims by former employees.
  • Acted as mediator in sexual harassment cases throughout Northern California.
  • Defended employers in numerous wage claims before the California Office of Labor Commissioner.
  • Represented employer against claims of employee raiding and trade secret misappropriation by regional competitor through discovery to settlement.
  • Represented employers/business establishments in federal court in defense of class action and other lawsuits under Title III of the Americans with Disabilities Act (ADA).
  • Extensive law and motion experience, including numerous successful summary judgment motions in state and federal courts; numerous judicial arbitrations; negotiations of settlement agreements and releases.
  • Drafted respondent's briefs in appeals before the Third District Court of Appeal.
  • Drafted, reviewed, and revised employee handbooks and policy manuals; drafted employment agreements and negotiated severance packages for corporate executives; negotiated and drafted severance agreements on behalf of employers; drafted alcohol and drug testing policies, workplace search policies, and pre-employment inquiry policies and procedures; drafted, reviewed and revised independent contractor agreements.
  • Conducted due diligence regarding all employment-related matters in corporate mergers, acquisitions, and public offerings and advised clients regarding disclosures arising from employment claims and potential claims.
  • Counseled employers regarding employee discipline and employment termination, workplace searches and investigations, alcohol and drug testing, wage and hour requirements, employee policies, employment discrimination and harassment, and supervisor training.
  • Advised employers regarding union organizing activities.
  • Advised employers and prepared relevant documents with regard to mass lay-offs and reductions-in-force.
  • Trained managers on compliance with Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA), discrimination and harassment laws, and discipline and termination best practices.
  • Advised employers regarding implementation of workplace safety and security policies and procedures.
  • Drafted agreements regarding protection of employer's confidential proprietary information and intellectual property.
  • Advised departing employees on confidential information obligations to employers.
  • Advised employers regarding misappropriation of trade secret information and unfair competition by former employees and business competitors.

Memberships and Community Involvement

  • General Counsel and ex officio board member, Center for AIDS Research, Education and Services (CARES)
  • Resolutions Committee, Conference of Delegates of California Bar Associations – Member, 2004-present; Sub-Committee Chair, 2005-2007; Vice Chair, 2008.
  • Graduate of Leadership Sacramento 2001, Sacramento Metropolitan Chamber of Commerce
  • Women Lawyers of Sacramento, Board Member and Co-Chair of the Bar Delegations Committee, 2001-2003
  • Sacramento Court Appointed Special Advocates (CASA), Former Member (1995-2001) and Past President (1998-1999) of Board of Directors
  • State Bar of California
  • Sacramento County Bar Association; Member, Bar Delegations Committee, 2001-present
  • American Bar Association
  • California Women Lawyers
  • American Inns of Court
  • Madison Who's Who
  • Member, Elk Grove Chamber of Commerce
  • Board Member, UC Davis School of Law Alumni Association
Speaking Engagements and Articles

  • Speaker, Healthcare Financial Management Association (HFMA), Northern California Chapter, “2008 Employment Law Update & Best Practices to Avoid Liability as an Employer,” March 13, 2008, Sacramento, CA.

  • Speaker/Trainer, Maloof Sports & Entertainment, “Sexual Harassment Training for Supervisors,” January 9, 2008, Sacramento, CA.

  • Speaker/Trainer, The Lyman Group and The Tremont Group, “Sexual Harassment Training for Supervisors,” December 10 and 13, 2007, Woodland, CA.

  • Speaker/Trainer, The Lyman Group and The Tremont Group, “Employment Law Update for Managers,” December 10 and 13, 2007, Woodland, CA.

  • Speaker, Council on Education in Management, “Recent Developments in Employment Law 2007,” April 26-27, 2007, Sacramento, CA.

  • Speaker, Sacramento County Bar Association Business Law Section, “Business Battles Over Trade Secrets: Who Owns Them, Who Can Use Them and How to Advise Your Clients,” February 14, 2007, Sacramento, CA.

  • Speaker/Trainer, Murphy Austin Adams Schoenfeld LLP Employment Law Clients, “2007 Employment Law Legal Updates,” January 19, 2007, Sacramento, CA.

  • Speaker, Council on Education in Management, “Employment Law Update 2006,” October 12, 2006, Sacramento, CA.

  • Speaker/Trainer, SARTA/MTI, “Managing the Employment Relationship,” September 26, 2006, Sacramento, CA.

  • Speaker, Council on Education in Management, “FMLA Update 2006,” September 25, 2006, Sacramento, CA.

  • Moderator and Presenter, Council on Education in Management, “California Employment Law Update 2006,” April 24-25, 2006, Sacramento, CA.

  • Speaker/Trainer, Murphy Austin Adams Schoenfeld LLP Employment Law Clients, “Employment Law & Legislative Update,” January 12, 2006, Sacramento, CA.

  • Speaker/Trainer, Murphy Austin Adams Schoenfeld LLP Employment Law Clients, “Wage and Hour: Understanding the New Federal Exemptions;” “Wage and Hour: Pay and Leave Deductions for Exempt Employees,” December 8, 2005, Sacramento, CA.

  • Speaker, Lorman Education Services, “Payroll Basics in California,” September 23, 2005, Redding, CA.

  • Moderator and Presenter, Council on Education in Management, “California Personnel Law Update 2005,” August 24-25, 2005, Sacramento, CA.

  • Presenter, Council on Education in Management, Personnel Law Update 2005, “Update on New and Emerging Employment Law Challenges in 2005,” June 1, 2005, Sacramento, CA.

  • Trainer, Murphy Austin Adams Schoenfeld LLP Employment Law Clients, “Sexual Harassment Training for Managers,” May 13, 2005, Sacramento, CA.

  • Speaker, Round Table Owners’ Association Annual Meeting, “The In’s and Out’s of Employee Meal and Break Periods for Restaurant Employers in California,” March 30, 2005, Las Vegas, NV.

  • Moderator and Presenter, Council on Education in Management, “California FMLA Update 2005,” February 24-25, 2005, Sacramento, CA.

  • Presenter, Council on Education in Management, Complete HR, National Forum & Exhibition Featuring HR and The Law Forum, “Doing Business in California? What You Need to be Aware of When Crossing State Lines,” February 16-18, 2005, Palm Springs, CA.

  • Co-Author, Council on Education in Management, Personnel Law Update 2005, “Best Practices for Avoiding Liability During and After Employment Terminations.”

  • Presenter, Council on Education in Management, Certificate of HR Professionals, “Leave and Absence Issues: Complying with the Family and Medical Leave Act (FMLA) and Other Overlapping Laws,” December 13-14, 2004, Sacramento, CA.

  • Moderator and Presenter, Council on Education in Management, “California FMLA/CFRA Update 2004,” May 26-27, 2004, Sacramento, CA.

  • Presenter, Council on Education in Management, Personnel Law Update 2004, “Update on Reasonable Accommodations and Other Perplexing ADA/FEHA Disabilities,” March 18-19, 2004, Sacramento, CA.

  • Presenter, Council on Education in Management, “FMLA/CFRA Update 2003,” November 19-20, 2003, Sacramento, CA.

  • Presenter, Council on Education in Management, Personnel Law Update 2003, “Managing and Accommodating Employees with Disabilities in California,” September 15-16, 2003, Sacramento, CA.

  • Speaker/Trainer, Environmental Alternatives Foster Family Agency, “Employment Law Update for Managers,” July 10, 2003, Oroville, CA.

  • Presenter, HR & The Law Conference and Expo, Council on Education in Management, “Managing Leave and Controlling Absenteeism: Solutions to Your Toughest Challenges,” March 26, 2003, Palm Springs, CA.

  • Co-Moderator and Presenter, Council on Education in Management, “Untangling the FMLA/CFRA, ADA/FEHA, & Worker's Comp Overlap,” March 11, 2003, Sacramento, CA.

  • Co-Moderator and Presenter, Council on Education in Management, “Personnel Law Update 2002,” September 12-13, 2002, Sacramento, CA.

  • Co-Moderator and Presenter, Council on Education in Management, “FMLA/CFRA Update 2002,” February 19, 2002, Sacramento, CA.

  • Speaker/Trainer, Allen Lund Co., “Employment Law Update for Managers,” January 23, 2002, Palm Springs, CA.

  • Trainer, Nor-Cal Beverage Co., “Supervisor and Managerial Training – Overview of State and Federal Employment Law,” January 9, 2002 in Sacramento, CA and March 2002 in Anaheim, CA.

  • Presenter, Council on Education in Management, FMLA Update 2001, “Effective Management of Return to Work Issues Under the FMLA,” November 2, 2001, Sacramento, CA.

  • Presenter, Council on Education in Management, Personnel Law Update 2001, “Keep it Legal & Keep Your Employees at Work: Effectively Managing Absenteeism & Leave Issues,” September 5, 2001, Sacramento, CA.

  • Moderator and Presenter, Council on Education in Management, “Employment Law for Managers and Supervisors,” July 11, 2001, Sacramento, CA.

  • Co-Moderator and Presenter, Council on Education in Management, “Untangling the FMLA, ADA and Workers' Comp Overlap,” June 4, 2001, Sacramento, CA.

  • Presenter, Council on Education in Management, FMLA Update 2001, “Gain Control over the Latest Twists to the ADA/FMLA/Workers’ Comp Conundrum”, February 21, 2001, Sacramento, CA.

  • Presenter, Council on Education in Management, Public Sector Employment Law Update, “Clarification on Overlapping Leave Laws: FMLA and ADA Update,” December 4, 2000, Sacramento, CA.

  • Presenter and Moderator, Council on Education in Management, “Personnel Law Update 2000: Critical Solutions for Your Toughest Employment Law Challenges,” October 26-27, 2000, Sacramento, CA.

  • Presenter, Lorman Education Services, “Americans with Disabilities Act Update,” September 15, 2000, Sacramento, CA.

  • Moderator, Council on Education in Management, EEOC Update, May 5, 2000, Sacramento, CA.

  • Presenter, Council on Education in Management, “Lawfully Resolve Leave and Absence Issues: How to Respond to the Latest ADA and FMLA Cases,” April 3, 2000, Sacramento, CA.

  • Presenter, Council on Education in Management, “Progressive Discipline, Coaching and Termination Law, Exercising Your Right to Discipline or Terminate for Absenteeism Without Violating the FMLA or ADA,” December 14, 1999, Sacramento, CA.

  • Presenter, Council on Education in Management, Personnel Law Update 1999: Public Sector Employment, “Mastering the Challenging Leave Law Overlap: Effectively Managing ADA, Workers' Comp and FMLA,” December 1, 1999, Sacramento, CA.

  • Trainer, California Department of Parks and Recreation, day-long training of managers, in-house counsel, and department heads on FMLA and CFRA, November 9, 1999, Sacramento, CA.

  • Presenter, Council on Education in Management, FMLA Update 1999, “Gaining Control Over the Latest Twists to the ADA/FMLA/Worker's Comp Conundrum,” November 2, 1999, Sacramento, CA.

  • Presenter, Council on Education in Management, Personnel Law Update 1999, “Mastering the Challenging Leave Law Overlap: ADA, Worker's Comp and FMLA,” October 25, 1999, Sacramento, CA.

  • Presenter, Council on Education in Management, Personnel Law Update: Public Sector Employment 1999, “Clarifying the Latest Court Decisions on Leave and Return-to-Work under the ADA and FMLA,” June 15, 1999, Sacramento, CA.

  • Presenter, California Association of Equal Rights Professionals, “Back to the Beginning” 23rd Annual Training Conference at Yosemite, “The FMLA/CFRA (in detail),” May 19, 1999, Yosemite, CA.

  • Presenter, Council on Education in Management, FMLA Update 1999, “Getting Employees Back to Work: Aggressive and Appropriate Responses to FMLA Leave,” May 13, 1999, Sacramento, CA.

  • Presenter, Council on Education in Management, Personnel Law Update 1999, “Grasping the Definitions, Protections and Obligations of the Latest EEOC Retaliation Guidance: Avoiding the Next Big Wave of Employer Liability,” April 14, 1999, Sacramento, CA.

  • Co-Moderator and Speaker, Council on Education in Management, “How to Conduct an Internal Investigation,” March 24, 1999, Sacramento, CA.

  • Presenter and Author, Council on Education in Management, “Discipline & Termination Law 1999, Exercising Your Right to Discipline or Terminate for Absenteeism without Violating the FMLA or ADA,” February 24, 1999, Sacramento, CA.

  • Presenter, Recent Developments in Labor and Employment Law, Graham & James client seminar, “Annual Update on Employment Law Decisions,” October 8, 1998 (Santa Clara), October 12, 1998 (San Francisco), and November 10, 1998 (Sacramento).

  • Presenter and Author, Council on Education in Management, Personnel Law Update: Public Sector Employment 1998, “Returning Your Employees to Work under the FMLA and California Workers' Compensation Laws,” September 15, 1998, Sacramento, CA.

  • Presenter and Author, Council on Education in Management, FMLA Update 1998, “Getting Employees Back to Work: Aggressive and Appropriate Responses to FMLA Leave,” July 15, 1998, Sacramento, CA.

  • Presenter and Author, Council on Education in Management, Personnel Law Update 1998, “When the EEOC Speaks, It Pays to Listen: The Latest from the Agency Charged with Enforcement of U.S. Employment Discrimination Laws,” June 15, 1998, Sacramento, CA.

  • Author, “Covenants Not to Compete Signed in Other States Not Enforceable In California,” Graham & James LLP Labor Report, June 1998.

  • Author, “Plaintiff May Recover Both Front Pay and Loss of Earning Capacity Damages,” Personnel Law Update, Council on Education in Management, May 1998.

  • Author, “Supreme Court Holds Legislators Immune From Liability for Job Elimination Decision,” Personnel Law Update, Council on Education in Management, April 1998.

  • Author, “Federal Courts Split on Application of EEOC's ADA Guidelines,” Graham & James LLP Labor Report, February 1998.

  • Author, “Attorney Workplace Investigations: Protected or Discoverable?” Laboris Legis, Sacramento County Bar Labor & Employment Law newsletter, January 1998.

  • Presenter, “Recent Developments in Labor and Employment Law,” Graham & James client seminar, Annual Update on Employment Law Decisions, November 20, 1997, San Francisco, CA.

  • Presenter, Council on Education in Management, Personnel Law Update 1997, “Walking the Workplace Privacy Tightrope: Seizing Your Rights as an Employer without Violating Those of Your Employees,” November 7, 1997, Sacramento, CA.

  • Presenter and Author, Council on Education in Management, Personnel Law Update: Public Sector Employment 1997, “Controlling Leave and Absences through Effective Management of the FMLA,” October 21, 1997, Sacramento, CA.

  • Presenter and Author, Council on Education in Management, Personnel Law Update 1997, “Walking the Workplace Privacy Tightrope: Seizing Your Rights as an Employer without Violating Those of Your Employees,” August 21, 1997, Sacramento, CA.

  • Presenter and Author, Recent Developments in Employment Law, Weintraub Genshlea & Sproul client seminar, article on “Recent Developments under the Family and Medical Leave Act, the California Family Rights Act, and California's Worker's Compensation Act and Related Leaves of Absence” and participant in oral presentation, January 29, 1997, Sacramento, CA.

  • Presenter and Author, Council on Education in Management, Personnel Law Update 1996, “Legal Issues in Managing Your Unworking Workforce,” December 18, 1996, Sacramento, CA.

  • Author, “California Court of Appeal Rules that Supervisors Do Not Risk Personal Liability under State Discrimination Statute for Personnel Decisions,” Weintraub Genshlea & Sproul Employment Law Alert, September 1996.

  • Author, “California Supreme Court Clarifies Standard by Which Employers May be Held Vicariously Liable for their Employees' Torts,” Weintraub Genshlea & Sproul Employment Law Alert, May 1996.

  • Presenter and Author, Recent Developments in Employment Law, Weintraub Genshlea & Sproul client seminar, articles on “Recent Developments in Employment Discrimination Claims under California's Fair Employment and Housing Act,” “Recent Developments in Wrongful Termination and Demotion,” and “Recent Developments in Workplace Torts” and participant in oral presentation, January 24, 1996, Sacramento, CA.

 
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