Eric E. Kinder
Member
Charleston, WV
office 304.340.3893
mobile 304.552.7893
  • Overview
  • Services
  • Distinctions
  • Admissions
  • Memberships
  • Publications & Presentations
  • Resources

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.

Education

  • Cornell University, School of Industrial and Labor Relations, B.S., 1988
  • Case Western Reserve School of Law, J.D., summa cum laude, 1994
  • University of Virginia Trial Advocacy School, 2004

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
  • Serving as 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
  • Serving as lead counsel in representation of employers in actions under the Employee Retirement Income Security Act ("ERISA") in state and federal courts
  • Serving as lead counsel on behalf of employers in claims brought under the Uniformed Services Employment and Reemployment Rights Act ("USERRA")
  • Serving as lead counsel in defense of employment discrimination actions before West Virginia, Ohio and federal trial and appellate courts
  • Serving as lead counsel in defense of general litigation matters, including matters involving covenants not to compete and other employment and labor issues
  • Developing strategies and providing guidance and advice to employers on labor and employment issues
  • Giving frequent lectures 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
  • Serving as co-chair of the firm's Appellate Practice Group
 

Representative Cases

  • Hesson v. Morrison-Knudsen Co., Inc., 117 Fed. Appx. 857 (4th Cir. 2004)
  • Cleveland Police Patrolman's Assn. v. Cleveland, 107 Ohio App. 3d 248, 668 N.E.2d 548 (Ohio Ct. App. 1995)
Appellate Litigation ERISA & Managed Care Government Relations Health Care Law Labor & Employment Law Litigation

Distinctions

  • Recognized in Chambers USA: America's Leading Lawyers for Business for Labor & Employment
  • Listed in The Best Lawyers in America® in the areas of Employment Law - Management and Litigation - Labor & Employment
  • Listed by West Virginia Super Lawyers

Admissions

  • Supreme Court of Indiana
  • Supreme Court of Ohio
  • West Virginia Supreme Court of Appeals
  • United States Court of Appeals for the Fourth Circuit
  • United States District Courts for the Northern and Southern Districts of Ohio
  • United States District Courts for the Northern and Southern Districts of West Virginia

Memberships

  • American Bar Association
  • DRI, Employment Law Committee
  • SHRM, West Virginia State Council

Publications & Presentations

  • Co-Editor-in-Chief, Age Discrimination in Employment Law, Second Edition (ABA Section of Labor and Employment Law, 2015)
  • Co-author, “Rule 30(b)(6) at 45: Is It Still Your Friend?,” Pretrial Practice & Discovery, Vol. 24 No. 1, American Bar Association Section of Litigation, Fall 2015
  • Co-author, "The Pessimist's Guide to Employment Litigation," For the Defense, August 2012
  • 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)
Spilman Attorneys Recognized by Super Lawyers 2017 SuperVision: Labor & Employment Law Insights, Issue 1 2017 Spilman Ranked in Chambers USA 2017 SuperVision Today: Fourth Quarter 2016 Federal Court Blocks Implementation of Overtime Rule SuperVision Today: Third Quarter 2016 62 Spilman Attorneys Recognized by Best Lawyers 2017 SuperVision Today: Second Quarter 2016 Spilman Practice Groups & Attorneys Ranked in 2016 Chambers USA  The Department of Labor Finalizes the New Overtime Rules