Kelly-Ann Cartwright

Kelly-Ann Gibbs Cartwright is a seasoned labor and employment attorney in Holland & Knight's Miami office. Her practice involves representation of employers before federal, state and local administrative agencies, at arbitration and in state and federal court on matters arising out federal, state and local anti-discrimination and employment-related statutes, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the National Labor Relations Act (NLRA), the Family Medical Leave Act (FMLA), the federal and Florida Whistleblower Acts, and the Occupational Health and Safety Administration (OSHA). In addition, Ms. Cartwright handles trade secret and restrictive covenant litigation that includes litigating preliminary injunctions in state and federal court.

Ms. Cartwright has served as principal trial counsel for management in a number of jury trials, labor and employment arbitrations, and administrative proceedings. She has successfully defended management and corporate clients in collective and class action employment cases under the FLSA and the Fair Credit Reporting Act (FCRA).

In addition, Ms. Cartwright provides advice and counsel on all aspects of the employment relationship, including employment contracts, restrictive covenants agreements, severance agreements, employee handbooks and policies, and compliance with employment and labor laws. Her practice includes conducting audits and training in a number of employment areas, including anti-harassment and discrimination policies. Ms. Cartwright also assists clients in effectively navigating leave policies, protecting company assets from employee defections, conducting internal investigations, and implementing and managing reductions in force. She has experience representing clients in a broad range of industries, including telecommunications, transportation, hospitality, technology, financial institutions, education and healthcare.

Ms. Cartwright received her Juris Doctor, with honors, from the University of Florida in 1991. She currently serves as chair of Holland & Knight's Directors Committee and served as the Executive Partner of the Miami office for 12 years. Ms. Cartwright is a member of the firm's Diversity Council and has served as chair of the Miami office Women's Initiative. She is a past chair of the Board of Directors of YWCA of South Florida and currently serves on the board of trustees of the University of Florida Law Center Association.

Representative Engagements

• Obtained complete jury verdict in federal court case involving allegations of religious discrimination and failure to accommodate
• Obtained dismissal of class action case under the Fair Credit Reporting Act (FCRA) on the grounds that the named plaintiff did not have the requisite standing to proceed with the case
• Represented corporate client in nationwide Fair Labor Standards Act (FLSA) collective action alleging that employees were misclassified as independent contractors; consolidated cases into a single action with more than 800 opt-in plaintiffs and obtained collective action decertification and denial of class action certification under Rule 23, leading to the favorable resolution of the case with the five named plaintiffs
• Obtained jury verdicts in state and federal court on actions alleging national origin discrimination, gender discrimination, race discrimination, retaliation and defamation
• Granted summary judgments in favor of transportation client on disability discrimination, race discrimination and retaliation claims by former employees
• Secured dismissal of class action wage-and-hour cases for hospitality client following the filing of a motion to dismiss
• Secured arbitration awards in labor cases for transportation client arising out of claims of violation of the collective bargaining agreement