Kelly R. Baier

Background

Kelly has more than 40 years of experience representing employers in labor and employment matters. His extensive trial experience in state and federal courts, appellate proceedings, administrative matters and arbitrations is invaluable to clients.

Assistant: James
Assistant's Phone: 319-861-8704
Assistant Email: jphan@bradleyriley.com

Bar Admissions

• Iowa State Courts
• United States District Court for the Northern and Southern Districts of Iowa
• District of Columbia Court of Appeals
• United States District Court for the District of Columbia
• United States Court of Appeals for the District of Columbia Circuit
• United States Court of Appeals for the Eighth Circuit
• United States Court for the Central District of Illinois

Recognition

• Listed in Great Plains Super Lawyers® for Employment & Labor Law and Civil Rights/First Amendment
• Named 2014 “Lawyer of the Year” in Cedar Rapids for Employment Law – Management by Best Lawyers®
• Listed in Top 10 Iowa Great Plains Super Lawyers for 2013
• AV Peer Review Rated by Martindale-Hubbell Legal Directory
• Listed in Chambers USA America’s Leading Lawyers for Labor & Employment Law
• Listed in The Best Lawyers in America® for Employment & Labor Law – Management; Litigation – Labor and Employment
• Named 2012 “Best Lawyer of the Year” in Cedar Rapids for Litigation – Labor & Employment by Best Lawyers
• Top 10 Iowa Super Lawyers 2012

Professional and Community Affiliations

• American Bar Association
• Iowa State Bar Association
• Linn County Bar Association
• Labor and Employment Relations Association
• University of Iowa College of Law and College of Business, Former Adjunct Professor

Civic and Volunteer Involvement

• Discovery Living
• Alburnett Community Foundation Board of Directors

Professional Experience

• Joined Bradley & Riley PC in 1983
• Morgan, Lewis & Bockius, Washington, D.C., 1979-1983

Speeches and Publications

• “National Labor Relations Board Developments,” 2013 Labor and Employment Seminar, Iowa State Bar Association (2013)
• “Iowa Mandates Veterans Day Off for Veterans” (2010)
• “COBRA Subsidy Extension” (2010)
• “Whistle Blower Protections for the At Will Employee” (2007)
• “Dealing with Sexual Harassment Claims” (2006)
• “Issues in the Evolving Use of Arbitration Agreements by Employers” (2005)
• “Settlement and Mediation of Employment Law Claims” (2003)
• “Terminating Employees in Light of the FMLA and the ADA : Protecting Your Business From Lawsuits and Substandard Work Performance” (1998)
• “Employment and Labor Law in Iowa” (1995 – 1998)
• “Employment Trade Secret Litigation” (1998)
• “Practical Suggestions for Handling Sexual Harassment Charges Before Administrative Agencies,” Preventing and Defending Sexual Harassment Claims, National Business Institute, Inc. (1998)
• “Americans With Disabilities Act,” Employment and Labor Law in Iowa, Lorman Business Center (1996)
• “Recent Developments in Labor and Employment Law,” A Hands On Approach to Labor and Employment Law in Iowa, National Business Institute, Inc. (1995)
• “Managing a Government Agency’s On-Site Investigation of Your Employment Practices,” Discharge and Documentation in Iowa, Lorman Education Services (1995)
• “Discharge and Documentation in Iowa” (1995)
• “A Hands On Approach to Labor and Employment Law in Iowa” (1995)
• “Overview of the Americans With Disabilities Act” and “Dealing With Life Threatening Illnesses,” A Practical Evaluation of the ADA, National Business Institute, Inc. (1995)
• “Americans With Disabilities Act” and “Discrim-ination in Employment,” Employment and Labor Law in Iowa, Lorman Education Services (1995)
• “Defending Wrongful Discharge Claims,” National Business Institute, Inc. (1995)
• “OSHA Compliance Update in Iowa” (1994)
• “Employment and Labor Law in Iowa” (1994)
• “What to Include or Exclude From Employee Manuals and Handbooks,” Iowa Labor and Employment Law, National Business Institute, Inc. (1993)
• “Implementation of the Americans With Disabilities Act,” Annual Meeting Workshop Materials, Iowa State Bar Association (1992)
• “Hiring and Firing of Employees (Including COBRA Considerations),” Bridge the Gap Materials, Iowa State Bar Association (1992)
• “An Overview of the Americans With Disabilities Act,” Complying With the Americans With Disabilities Act in Iowa, National Business Institute (1991)
• “The Potpourri Explodes—Employment Law in the ‘90s,” Annual Meeting Workshop Materials, Iowa State Bar Association (1990)
• “Avoiding Lawsuits for Employment Discrimination” and “What to Include/Exclude from Employee Manuals and Handbooks,” Iowa Labor and Employment Law, National Business Institute, Inc. (1989)
• “Wrongful vs. Legal Termination of Employees—How To Do It Right,” National Business Institute, Inc. (1988)
• “Controlling the Avalanche: Discovery in Employment Litigation,” for Annual Labor and Employment Law Seminar, Iowa State Bar Association (1988)
• “Deklewa to Double Breasting: The Status of Labor Law in the Construction Industry,” for Annual Labor and Employment Law Seminar, Iowa State Bar Association (1987)
• “Employee Rights in the Union? Free Work Setting” and “The Post Termination Minefield: How Employers Can Survive,” Labor and Employment Law for Iowa, National Business Institute, Inc. (1987)
• “Running A Legal Gauntlet: Drug Testing and Polygraphs in the Work Place,” Iowa Employment Law for Employers, Professional Education Systems, Inc. (1986)
• “Do International Treaties Permit National Origin Discrimination,” Legal Times of Washington, January 11, 1982 at 20, col. 1

Significant Cases

• Slaughter v. Des Moines University, 925 N.W.2d 793 (Iowa 2019) (judgment for University affirmed on claim of failure to accommodate a student’s mental disability).
• Feng v. Rockwell Collins, Inc., No: 17-1286 (8^th Cir. 2017) (judgment for employer on claim of race and national origin discrimination and retaliation).
• National Labor Relations Board v. Seedorff Masonry, Inc., 812 F.3d 1158 (8^th Cir. 2016) (enforcement of NLRB order denied and order vacated; employer properly repudiated pre-hire agreement and properly assigned work).
• Harmer v. Air Methods Corp. et al., 4:14-cv-00388 (S.D. Iowa 2015) (wrongful termination claim dismissed as preempted by the Whistleblower Protection Program of the Wendell H. Ford Aviation investment and Reform Act).
• Stamats Communications, Inc. v. Brenda Harms and Converge Consulting, Inc., EQ 78138 (Iowa District Court for Linn County 2014) (consent judgment enforcing copyrights, trade secrets and non-solicitation agreement).
• Paleichuk v. Rockwell Collins, Inc., No. 4:12-cv-556 (S.D. Iowa 2013) (judgment for employer on claim of race and national origin discrimination).
• Kallail v. Alliant Energy, 2011 WL 1833347 (N.D. Iowa 2011) affirmed 691 F.3d 925 (2012) (Judgment for employer on claim of disability discrimination and failure to reasonably accommodate).
• Uhlenhopp v. The CBE Group, Inc., 4:11 –cv-00105 (S. D. Iowa 2012) (Jury verdict for employer on claim of national origin discrimination and retaliation).
• Ballalatak v. All Iowa Agriculture Association, 781 N.W.2d 272 (Iowa 2010) (Judgment for employer on claim of wrongful termination in violation of public policy).
• Int’l Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Rousselot, Inc., 547 F. Supp.2d 955 (N.D. IA.2008). Obtained summary judgment on union demand for arbitration.
• Welcher v. American Ordnance, L.L.C., 711 N.W.2d 732 (Iowa 2006). Obtained judgment for employer with respect to a challenge to a drug test.
• Vincent v. Four M Paper Corporation, 589 N.W.2d 55 (Iowa 1999). Obtained judgment for employer with respect to claim of disability discrimination.