Daniel K. Kinder

Partner

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(401) 272-8080/Ext. 233

Areas of Practice

Labor and Employment Law

Experience

Dan concentrates his practice on labor and employment law, and related litigation, including grievance and interest arbitration, pension and EEO litigation, and representing employers in various other labor cases before state and federal courts. Dan has served as lead counsel for management in some of the most well-known labor and employment conflicts throughout the New England Region. He has litigated and arbitrated a wide array of cases pertaining to employment discrimination, wage-hour, ERISA, plant closing, unfair labor practices and unfair competition, among others.

Dan has substantial experience in a wide variety of employment cases, including cases involving discrimination in hiring and selection practices, promotions, benefits, termination and severance plans, wrongful termination, constitutional torts, equal pay, wage-hour issues under the Federal Labor Standards Act, the Portal to Portal Act and other federal and state statutes. He has successfully defended public and private employers in labor litigation, pension litigation, and a variety of claims for injuries to persons, property or reputation arising out of employment. Dan regularly advises clients on affirmative action requirements and practices, and has successfully litigated affirmative action cases. He has represented public sector clients in defense of class action suits as well as individual cases. Dan has litigated employment cases in half a dozen states. He has successfully defended over a hundred and fifty employment discrimination, retaliation and harassment charges before state agencies, OFCCP and EEOC.

He represents a cross section of employers, large and small, local, regional, national and multi-national, in all sectors and is experienced in representing both unionized and nonunion employers. Dan regularly advises a broad array of employers on labor relations strategies and tactics. He has successfully negotiated dozens of labor contracts, reestablishing lost management rights and consistently meeting or exceeding management's financial objectives. Dan has also conducted hundreds of grievance arbitration proceedings. These include both contract interpretation and discipline issues. His record of success is better than 95%.

Dan heads the firm's labor and employment section. He was a founding member of Powers, Kinder and Keeney, Inc., which in 1980 became Rhode Island's first firm devoted exclusively to representing employers in labor and employment law and related litigation. Powers, Kinder and Keeney merged with Little Bulman Medeiros and Whitney in 2003. Under Dan's leadership, the firm's labor and employment group emphasizes strategies to avoid employee litigation and unionization, and to promote positive and productive workplace behaviors.

Education

A.B., cum laude, Princeton University, 1972
J.D., University of Virginia Law School, 1978

Bar Memberships

Rhode Island (1978)
Massachusetts (1985)
Federal (U.S. District Court of Rhode Island; First Circuit Court of Appeals; U.S. Supreme Court)

Professional Memberships & Honors

Martindale Hubbell Attorney Rating - AV

Best Lawyers in America
    Selected for Labor & Employment Law, 2007, 2008, 2009, 2010

Chambers USA
    Recommended in Labor and Employment Law, 2006, 2007, 2008, 2009

New England Superlawyers
    Honored in 2007, 2008, 2009

Greater Providence Chamber of Commerce
    Outstanding Corporate Leader Award, 2002

Rhode Island Bar Association
    Member, Committee on Labor Law

Federal - Member, Sections on: Labor and Employment Law; Litigation

American Bar Association
    Member, Sections on Labor and Employment Law; Litigation

Equal Employment Opportunity Committee

Committee on Practice and Procedure before the National Labor Relations Board

American Academy of Hospital Attorneys

National Employment Counsel Network

Reported Cases

Mossberg Industries, Inc. v. Honko, 661 A.2d 968 (R.I. 1995) (employment)

Hashway v. Ciba-Geigy Corp., 755 F.2d 209 (1st Cir. 1985) (wrongful termination)

Rhode Island State Police Lodge No. 25 v. State, 485 A.2d 1245 (R.I. 1984) (collective bargaining/labor)

Central Falls Firefighters, Local No. 1485 v. City of Central Falls, 465 A.2d 770 (R.I. 1983) (labor/retirement)

Amoco Oil Co. v. Local 99, International Broth. of Electrical Workers, AFL-CIO, 536 F. Supp. 1203 (D.R.I. 1982) (labor)

City of Central Falls v. International Association of Firefighters Local 1485, 443 A.2d 900 (R.I. 1982) (labor/strikes)

Central Falls Firefighters v. City of Central Falls, 433 A.2d 689 (R.I. 1981) (labor)

Ciccone v. Textron, Inc., 616 F.2d 1216 (1st Cir. 1980) (age discrimination)

Town of North Kingstown v. Local 473, Intern. Broth. Of Police Officers, 819 A.2d 1274 (R.I. 2003) (pension benefits)

Mossberg Industries, Inc. v. Honko, 661 A.2d 968 (R.I. 1995) (employment contract/severance pay)

Dunfey v. Roger Williams University, 824 F.Supp. 18 (D.Mass. 1993) (employment/wrongful termination)

Authored Articles/Publications

Mr. Kinder has written and edited hundreds of articles and newsletters over the last fifteen years on employment and labor issues for private and public clients.

Lead Editor - Rhode Island Employment Law Letter, a monthly newsletter designed for Rhode Island employers published by M. Lee Smith Publishers LLC.

Lead Editor - The Municipal Employer, a monthly newsletter designed for professional city and town managers.

Seminars

For years, Dan conducted one- and three-day seminars on employment law issues for American Management Association in Washington, Chicago and Boston. He has also served as adjunct professor in Bryant College's graduate school of business administration.