Spencer A. Kinderman

Mr. Kinderman is Chairman of Johnston Barton Labor & Employment Practice Group.  His practice is focused exclusively on labor and employment law.  He represents employers in employment litigation of all types, including employment discrimination (race, gender, sexual harassment, religion, age, disability, retaliation etc.), wrongful termination, and wage and hour disputes.  This includes litigation in state and federal court, as well as administrative proceedings before administrative agencies such as the EEOC, NLRB, DOL and OSHA.  He has experience handling complex employment litigation including collective actions under § 216(b) of the FLSA, as well as employment discrimination class actions.  He also represents employers, insurers, administrators, fiduciaries and plans in ERISA litigation, including claims for benefits, breach of fiduciary duty and violations of § 510. His practice includes traditional labor matters such as assisting employers with union organizing campaigns and elections, handling grievance arbitrations, and defending alleged unfair labor practices.  

In addition to handling litigation and regulatory matters, Mr. Kinderman also assists employers with the development, drafting, implementation and enforcement of workplace policies and procedures, including mandatory arbitration programs.  He frequently advises employers on an ad hoc basis regarding day-to-day personnel issues, including the hiring, discipline and termination of employees. He has experience representing employers in many different types of businesses, including the healthcare, manufacturing, media, retail, and restaurant industries.  

Mr. Kinderman is a frequent speaker on labor and employment issues.  Recent presentations include: Juggling Work And Family: Legal Issues Involved In The Clash Between Job Demands and The Needs of Personal Life; Avoiding Employment Litigation: Practical Steps to Insure Compliance With the Law: Labor and Management Issues:  The Impact of Federal Labor Laws in Union and Non-Union Settings; and The Law of the Workplace; Practical Tips for Hiring, Disciplining and Terminating Employees; Complying With the Family and Medical Leave Act.    

Mr. Kinderman is a graduate of the University of Massachusetts, Amherst (B.A., summa cum laude, 1991) and Emory University School of Law (J.D., 1994). He is a member of Phi Beta Kappa. He was Managing Editor of the Emory International Law Review and is the author of "The UNIDROIT Draft Convention on Cultural Objects: An Examination of the Need for a Uniform Legal Framework for Controlling the Illicit Movement of Cultural Property," 7 Emory International Law Review 457 (1993). He is a member of the Alabama State Bar, the Birmingham Bar Association, and the American Bar Association.   He is admitted to practice before all courts in the State of Alabama, as well as the United States Court of Appeals for the Eleventh Circuit, the United States Court of Appeals for the District of Columbia Circuit, and the United States District Courts for the Northern, Middle, and Southern Districts of Alabama.  

Mr. Kinderman is an active member of several ABA committees, including the Employee Benefits, Federal Wage and Hour Legislation and EEO Committees.  In conjunction with his work on these committees, Mr. Kinderman is a contributing author to Age Discrimination in Employment Law (BNA) and Employee Benefits Law (BNA). 

• American Bar Association, Section of Labor & Employment Law
• Alabama State Bar Association
• Birmingham Bar Association
• Defense Research Institute

• Time Off In Alabama: State And Federal Laws On Employee Leave, Vacations and Holidays, December 19, 2001; "Alabama's Workers' Compensation Law"

• "MGMA Follow Up to the Summer Conference," Client Alert (Johnston Barton Proctor & Powell LLP, Birmingham, Ala.), August 13, 2004
• "Uniformed Services Employment and Reemployment Rights Act," Client Alert (Johnston Barton Proctor & Powell LLP, Birmingham, Ala.), April 18, 2003.
• "Uniformed Service Employment and Reemployment Act", Client Alert (Johnston Barton Proctor & Powell LLP, Birmingham, Ala.), September 19, 2001.
• "The UNIDROIT Draft Convention on Cultural Objects: An Examination of the Need for a Uniform Legal Framework for Controlling the Illicit Movement of Cultural Property," 7 Emory International Law Review 457 (1993).

Areas of Practice:

Employment Counseling
Employment Law
Employment Litigation
Labor & Employment
Labor and Employment Regulatory Compliance
Labor Law
Labor-Relations and Union Avoidance
Workplace Health & Safety

Law School:

Emory University School of Law, J.D., 1994

Education:

The University of Massachusetts Amherst, B.A., summa cum laude, 1991

Admitted to Practice:

• Alabama, 1994
• United States District Courts for the Northern, Middle and Southern Districts of Alabama

Email: skinderman@johnstonbarton.com
Phone: 205-458-9486
Fax: 205-458-9500

Legal Secretary:

Tina Henley
tph@johnstonbarton.com
205-214-7257