Mr. Kinder's primary areas of practice are labor and employment law with an emphasis on wage and hour, employee benefits, ERISA litigation, and USERRA.
Representative Experience
· Drafting and reviewing a broad cross-section of employment, personnel and pension policies, practices and procedures, including drafting health and welfare/pension benefit plan amendments and resolutions
· Advising clients regarding ERISA compliance and health and welfare/pension plan administration issues
· Lead counsel in defense of employment discrimination complaints before the West Virginia Human Rights Commission, Equal Employment Opportunity Commission and the Ohio State Employment Relations Board
· Lead counsel in representation of employers in actions under the Employee Retirement Income Security Act ("ERISA") in state and federal courts
· Lead counsel on behalf of employers in claims brought under the Uniformed Services Employment and Reemployment Rights Act ("USERRA")
· Lead counsel in defense of employment discrimination actions before West Virginia, Ohio and federal trial and appellate courts
· Lead counsel in defense of general litigation matters, including matters involving covenants not to compete and other employment and labor issues
· Developed strategies and provided guidance and advice to employers on labor and employment issues
· Frequent lecturer at regional seminars for employers and counsel on the legal and practical aspects of litigation and labor and employment laws, including wage and hour and USERRA
Awards & Distinctions
· Recognized by The Best Lawyers in America for Labor & Employment Law and Litigation - Labor & Employment
Affiliations
· American Bar Association
· DRI, Employment Law Committee
· SHRM, West Virginia State Council
Representative Cases
· Hesson v. Morrison-Knudsen Co., Inc., 117 Fed. Appx. 857 (4th Cir. 2004)
Publications
· Co-author, chapter on West Virginia, Employment At Will: A State-by-State Survey, (ABA Section of Labor and Employment Law, 2011)
· Co-author, Employment Practices Liability Insurance, Employment Termination: Rights and Remedies (BNA 2001 Supp.)
· Employment Law in the Electronic Age (Lorman 2005)
· And We Really Mean It: The Eighth Circuit Puts Teeth Into the Older Workers' Benefit Protection Act (DRI, Fall 2005)
· Working Group Member, The In-House Counsel's Essential Tool Kit, Volume 4, Employment Law (ABA Section of Business Law 2007)