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, including class and collective actions, age discrimination, and daily advice and counsel.

"Eric has an amazing intellect which he uses to provide us timely solutions." "He never fails to respond to our organization's legal needs and provide high-quality advice." — As quoted in Chambers USA, 2022

Education

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

Experience

  • Drafting and reviewing a broad cross-section of employment, personnel policies, practices and procedures
  • Developing strategies and providing guidance and advice to employers on labor and employment 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 and in state and federal trial and appellate courts
  • Serving as lead counsel in representation of employers in actions under the Employee Retirement Income Security Act ("ERISA") in federal trial and appellate courts
  • Advising clients regarding ERISA compliance and health and welfare/pension plan administration issues
  • Serving as lead counsel in defense of general litigation matters, including matters involving covenants not to compete and other employment and labor 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
Appellate Litigation ERISA & Managed Care Government Relations Health Care Law Labor & Employment Law Litigation Nursing Homes

Distinctions

  • Federation of Defense & Corporate Counsel
  • 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

  • DRI, Employment Law Steering Committee

Publications & Presentations

  • Editor-in-Chief, Age Discrimination in Employment Law, Third Edition, ABA Section of Labor and Employment Law, 2021
  • 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, 2016
  • Working Group Member, The In-House Counsel's Essential Tool Kit, Volume 4, Employment Law, ABA Section of Business Law 2007
Avoiding the Latest Handbook Traps for the Unwary in the Age of Remote Work SuperVision - Labor and Employment Insights, Issue 3, 2022 Numerous Spilman Attorneys Recognized by Best Lawyers, Lawyers of the Year, Ones to Watch 2023 Spilman Member Kinder Receives Award for Leadership Role in L&E Seminar Development Spilman Recognized in Chambers USA 2022 Spilman Attorneys Named to 2022 WV Super Lawyers List Bill Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims Heads to President's D Vax or Test has Arrived All Employers with 100 (or more) Employees Will be Required to Implement Mandatory COVID-19 Vaccines Nursing Home COVID-19 Vaccination Mandate