Bradford J. Kelley

bkelley@littler.com
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Bradford J. Kelley has a broad practice representing employers in employment anti-discrimination and wage and hour matters. He focuses on advising clients about emerging technologies, including artificial intelligence (AI), and their impact in the workplace.

Brad is an internationally recognized workplace AI authority. He advises clients on how to maximize the benefits of using AI in the workplace while minimizing potential legal and business risks. His deep background in this area provides employers with the tools and insights they need to develop, deploy, and monetize AI and other emerging technologies to bolster business operations and efficiency. In addition, he counsels clients on how to effectively navigate the compliance requirements and litigation risks associated with evolving AI laws and regulations. Brad has published numerous articles about workplace AI, including:

Brad also speaks nationally on these emerging issues. He has given workplace AI lectures at Duke University School of Law, Georgetown University Law Center, University of North Carolina School of Law, and George Washington University School of Law.

Prior to joining Littler, Brad was chief counsel to Commissioner Keith Sonderling at the U.S. Equal Employment Opportunity Commission (EEOC) where he provided the commissioner with legal and policy advice on federal employment anti-discrimination laws. At the EEOC, he worked on cases, policies, and regulations under all the statutes enforced by the Commission, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Pregnancy Discrimination Act (PDA), and the Genetic Information Nondiscrimination Act (GINA). He was also a key advisor to the commissioner regarding the EEOC’s Initiative on Artificial Intelligence and Algorithmic Fairness. In this role, Brad was critical in developing, prioritizing, and implementing the Commissioner’s AI agenda. During his time at the EEOC, Brad was awarded the EEOC Chair’s Circle of Excellence Award for extraordinary commitment to the agency, one of the highest honors conferred within the Commission. In addition, he has been selected to serve on Law360’s Employment Discrimination Editorial Board since 2022 and has served as an adjunct law professor teaching employment discrimination.

Before joining the EEOC, Brad was a senior policy advisor with the Wage and Hour Division (WHD) of the U.S. Department of Labor where he provided key policy and legal advice to the administrator regarding the administration, interpretation, and enforcement of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and wage laws affecting government contractors.

A former U.S. Army infantry and intelligence officer and Iraq War veteran, Brad also defends employers against claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA), including complicated military leave issues. A leading authority on USERRA, Brad’s articles on USERRA have been published in the Penn State Law Review, Drexel Law Review, Hofstra Labor & Employment Law Journal, and the Military Times.

Brad began his legal career as a clerk for a federal district judge. He graduated with Order of the Coif and magna cum laude honors from Louisiana State University Law Center, where he earned his law degree and a diploma in comparative law. In college, he earned a triple major and a minor and graduated with Phi Beta Kappa and summa cum laude honors.

Credentials & Recognition

Speaking Engagements

Common Employment Law Issues for Faith-Based Nonprofits

  • March 13, 2025
  • Napa Legal

USERRA Military Leave: Employer Compliance Challenges, Policy Development, Litigation Update, Defense Strategies

  • February 26, 2025
  • Strafford webinar

Politics in the Workplace and the Risks of Social Media

  • February 19, 2025
  • myLawCLE

Employment, Active Deployment Leave, and Reinstatement Under USERRA (with Brian Lawler)

  • December 16, 2024
  • National Business Institute

The Challenge and Opportunities of AI in the Workplace

  • October 18, 2024
  • Seton Hall University School of Law Journal of Legislation and Public Policy Symposium, Newark, NJ

Artificial Intelligence in the Workplace

  • October 15, 2024
  • Staffing Industry Analysts’ Risk Management and Compliance Workshop

The Length and Limits of Employee Monitoring and Predictive Analytics: Leveraging AI within Legal Boundaries

  • September 26, 2024
  • ACI Conference on AI Law, Ethics, Safety, and Compliance, Washington, D.C.

Labor and Workforce Update

  • September 11, 2024
  • 2024 Kansas Congressional Fly-In, Washington, D.C.

The Intersection of Artificial Intelligence and Labor Law

  • September 11, 2024
  • Client CLE

The Promise and Peril of Artificial Intelligence

  • August 29, 2024
  • Client CLE

Artificial Intelligence Issues and Developments

  • August 6, 2024
  • Big Sky Labor and Employment Conference, Big Sky, MT

Can We Just Not Talk About Politics? How to Maintain a Civil Workplace in Not-So-Civil Times

  • June 28, 2024
  • Client Presentation and Training

Building the Future: AI Unleashed in the Construction Industry

  • June 13, 2024
  • Associated Builders and Contractors

Special Sessions: What Does the Biden Administration's "Whole-of-Government" Approach Mena for Employers and Workers?

  • May 9, 2024
  • Littler Executive Employer Conference, Phoenix, AZ

Everything Old is New Again: A Wage & Hour Retrospective with an Eye Towards AI and Beyond

  • May 9, 2024
  • Littler Executive Employer Conference, Phoenix, AZ

State of Unionization: The Intersection of Unions and Technology

  • May 6, 2024
  • International Franchise Association 2024 Legal Symposium, Washington, DC

Wage and Hour Compliance for Small Businesses

  • May 1, 2024
  • National Federation of Independent Business (NFIB)

How AI is Being Deployed in the Contingent Workforce Marketplace

  • April 16, 2024
  • Risk Management and Compliance Workshop, Staffing Industry Analysts

USERRA

  • March 18, 2024
  • Airlines for America, Washington, DC

Technology and Data in Your Workplace

  • March 16, 2024
  • Stanford Deliberative Democracy Lab

Taking a SWOT at Artificial Intelligence

  • March 15, 2024
  • Associated Builders and Contractors National Conference, Orlando, FL

Labor Regulations and Artificial Intelligence

  • March 5, 2024
  • Piper Lecture in Labor Law (Management-Side Commentator), Chicago-Kent College of Law, Chicago, IL

AI Tools

  • February 28, 2024
  • Littler IE&D Summit, Washington, DC

Uniformed Services Employment and Reemployment Rights Act (USERRA) Overview

  • February 15, 2024
  • U.S. Senate Committee on Health, Education, Labor and Pensions (Staff), Washington, DC

Artificial Intelligence Congressional Testimony

  • January 17, 2024
  • U.S. House Committee on Education and the Workforce

What’s AI have to do with People Analytics?

  • December 13, 2023
  • Philadelphia People Analytics

Artificial Intelligence in the Workplace

  • November 9, 2023
  • American Petroleum Labor Lawyers Association’s Fall Conference, Houston, TX

The Promise and Peril: Artificial Intelligence in the Workplace

  • October 24, 2023
  • Staffing Industry Analysts’ Risk Management and Compliance Workshop

Whole of Government White Paper

  • October 13, 2023
  • U.S. Chamber of Commerce, Washington, DC

Artificial Intelligence in the Workplace

  • October 5, 2023
  • Client CLE

Safely Unlocking the Power of AI: Employment and Other Legal Risks and Best Practices

  • October 4, 2023
  • Japan Society New York, NY

The Promise and the Peril of AI in the Workplace

  • September 27, 2023
  • Department of Energy Contractor Attorneys Association Fall 2023 Conference, Washington D.C.

Emerging Technology and the Administrative State

  • January 27, 2023
  • University of North Carolina School of Law

The Promise and Perils of Artificial Intelligence in the Workplace: Navigating the Legal & Ethical Issues

  • January 25, 2023
  • Duke University School of Law

Responsible Data and Emerging Technologies Fireside Chat Series

  • January 25, 2023
  • Duke University School of Law

The Promise and the Peril of AI in the Workplace

  • December 8, 2022
  • Gray Matters Podcast

The Promise and the Peril: Artificial Intelligence and Employment Law

  • October 11, 2022
  • AgSafe Food & Farms Conference

A New Frontier for the EEOC: Artificial Intelligence in the Workplace

  • July 27, 2022
  • Fairfax Bar Association (Employment Law Section)

Artificial Intelligence in Employment and Hiring: Key Legal Considerations

  • June 29, 2022
  • ALI CLE

Additional Thought Leadership

What Awaits Harris on AI and Labor

  • August 7, 2024
  • POLITICO Pro

Filling the Void: Artificial Intelligence and Private Initiatives

  • 2023
  • 24 North Carolina Journal of Law & Technology 153

Wage Against the Machine: Artificial Intelligence and the Fair Labor Standards Act

  • 2023
  • 34 Stanford Law & Policy Review 261

For Whom the Leave Tolls: Short-Term Paid Military Leave and USERRA

  • 2022
  • 127 Penn State Law Review 57

The Sword and the Shield: The Benefits of Opinion Letters by Employment and Labor Agencies

  • 2022
  • 86 Missouri Law Review 1171

The Promise and the Peril: Artificial Intelligence and Employment Discrimination

  • 2022
  • 71 University of Miami Law Review 1

Veterans Employment Discrimination Guidance Updated

  • February 3, 2021
  • Military Times

Are Torts Getting Railroaded? Whether the Interstate Commerce Commission Termination Act (ICCTA) Preempts State Tort Claims Against Railroads

  • 2016
  • 82 Journal of Transportation Law, Logistics and Policy 1

Let us know how we can help you navigate your particular workplace legal issues.