Allen S. Kinzer
Practice Areas
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Labor and Employment
- Employee Benefits and Executive Compensation
- Employer Internal Investigations
- Employment Litigation
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Employment Relations, Policies, and Regulatory Practice
- Affirmative Action Programs
- Covenants Not to Compete and Trade Secrets
- Drug and Alcohol Policies and Testing
- Employee Discipline and Termination
- Employment Counseling
- Employment Policies and Manuals
- Equal Employment Opportunity
- Family and Medical Leave Act
- Management Training
- Wage and Hour/Fair Labor Standards Act
- Whistleblower Protection
- Worker Adjustment and Retraining Notification Act ("WARN")
- Workplace Harassment, Including Sexual Harassment
- Workplace Technology Policies
- Labor/Management Relations
- Litigation
Industries
Education
- University of North Carolina School of Law, J.D., 1988, with Honors
University of North Carolina Law Review, 1986–1987 - Vanderbilt University, B.A., 1985, summa cum laude, Phi Beta Kappa
Bar & Court Admissions
Allen is a partner in the Vorys Columbus office and a member of the labor and employment practice group. He has represented employers across the country, defending discrimination suits and advising employers on union issues. Allen has successfully defended employers in wage and hour class actions and counseled employers through collective bargaining, strikes and picketing by unions. Allen has also successfully represented employers before the National Labor Relations Board and the U.S. Department of Labor concerning wage and hour and Family and Medical Leave Act issues. In addition, he serves as outside general counsel to large multi-employer benefit plans which involves counseling and litigation under ERISA and the Taft-Hartley Act.
Career highlights include:
- Defending employers in putative class action lawsuits alleging violations of the Fair Labor Standards Act and various state wage and hour laws
- Advising and counseling large employers targeted for “corporate campaigns” by national unions
- Defending employers in discrimination and ERISA suits in state and federal courts
Allen is a member of the American Bar Association, the Ohio State Bar Association and the Columbus Bar Association.
Allen has lectured on a variety of topics including the Americans with Disabilities Act, the Family and Medical Leave Act, the National Labor Relations Act, decisions of the National Labor Relations Board, Title VII and state discrimination laws and the Fair Labor Standards Act.
Allen received his J.D. with honors from the University of North Carolina School of Law, where he was a member of the University of North Carolina Law Review. He received his B.A. summa cum laude from Vanderbilt University, where he was Phi Beta Kappa.
Professional and Community Activities
- Ohio State Bar Association, Labor and Employment Section Council, 2019
- Employer’s Guide to The Fair Labor Standards Act and FLSA Employee Classification, Editorial Advisory Board, Thompson Publishing Group
- Fair Labor Standards Act Cumulative Supplement, Chapter Editor, Bloomberg BNA Books
- ABA Labor and Employment Section, Federal Labor Standards Legislation Committee
- Equal Pay Act Subcommittee, Chair, 1996-2003
- Sarbanes-Oxley Act Subcommittee, Member, 2003-2005
- Fair Labor Standards Subcommittee, Member, 2006-present - Wage and Hour Laws Cumulative Supplement, Chapter Author, Bloomberg BNA Books
- Ohio Supreme Court Mentor, Lawyer-to-Lawyer Mentoring Program, 2006-2013
- Japan-America Society of Central Ohio, Board of Trustees, 2008-2017; Programming Committee Co-Chair, 2008-2012; Vice President, 2011-2013; President, 2014-2015; Immediate Past President, 2016-2017
Honors & Awards
- Chambers and Partners, Recognized Practitioner in Labor & Employment, 2018
- Columbus CEO, Top Lawyers in Columbus, 2010-2018
- Ohio Super Lawyers, Employment and Labor, 2004-2006, 2009-2019
- The Best Lawyers in America, Employment Law - Management, 2013-2020
- The Best Lawyers in America, Labor Law - Management, 2013-2020
- The Best Lawyers in America, Litigation - Labor & Employment, 2013-2020
- Fellow of the Columbus Bar Foundation since 1999
- Fellow of the American Bar Foundation since 2018
- Martindale-Hubbell AV Peer Review Rated Top Rated Lawyer in Labor & Employment, Martindale-Hubbell, 1999-2018
News
- 8/15/2019One hundred and thirteen lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in The Best Lawyers in America® 2020.
- 12/5/2018Vorys is pleased to announce that 48 attorneys from the firm have been named 2019 Ohio Super Lawyers and Rising Stars.
- 8/15/2018One hundred and thirteen lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in The Best Lawyers in America® 2019.
- 5/4/2018Vorys, Sater, Seymour and Pease is pleased to announce that 32 of the firm’s attorneys have been recognized among the leading practitioners in the country in the 2018 edition of Chambers USA.
- 12/5/2017Vorys is pleased to announce that 56 attorneys from the firm have been named 2018 Ohio Super Lawyers and Rising Stars.
- 8/17/2017One hundred and eight lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2018.
- 3/28/2017This year, 54 Vorys attorneys were listed in the 2017 Columbus CEO “Top Lawyers” List.
- 12/2/2016Vorys is pleased to announce that 58 attorneys from the firm have been named 2017 Ohio Super Lawyers and Rising Stars.
- 8/15/2016One-hundred and eleven lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2017.
- 12/2/2015Vorys is pleased to announce that 63 attorneys from the firm have been named 2016 Ohio Super Lawyers and Rising Stars.
- 8/17/2015One-hundred and eighteen lawyers from Vorys were recently selected by their peers for inclusion in The Best Lawyers in America® 2016.
- 1/19/2015Vorys recently advised Worthington Industries, Inc. in connection with its acquisition of the business of Rome Strip Steel Company, Inc. for a purchase price of approximately $55.5 million.
- 12/3/2014Vorys is pleased to announce that 74 attorneys from the firm have been named 2015 Ohio Super Lawyers and Rising Stars.
- 8/18/2014One-hundred and ten lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2015.
- 8/1/2014Vorys recently advised Worthington Industries, Inc. in connection with its acquisition of the business of Midstream Equipment Fabrication LLC for a purchase price of $40 million.
- 12/4/2013Eighty-one attorneys from Vorys, Sater, Seymour and Pease LLP have been named 2014 Ohio Super Lawyers and Rising Stars. 57 Vorys attorneys were named 2014 Ohio Super Lawyer and 24 Vorys attorneys were named 2014 Ohio Rising Stars.
- 8/14/2013One hundred and eleven lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2014.
- 4/16/2013Vorys, Sater, Seymour and Pease LLP recently advised the Pressure Cylinders segment of Worthington Industries, Inc. in connection with its acquisition of the business of Palmer Mfg. &Tank, Inc., for $113,500,000.
- 12/17/2012Seventy-Seven attorneys from Vorys, Sater, Seymour and Pease have been named 2013 Ohio Super Lawyers and Rising Stars.
- 8/23/2012One hundred and twenty-six lawyers from Vorys were recently selected by their peers for inclusion in The Best Lawyers in America® 2013.
- 12/16/2011
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- 12/22/2009
- 12/29/2008
- 6/13/2008
Events
- 4/27/2017Vorys, Sater, Seymour and Pease LLP hosted the Cincinnati Labor and Employment Law Update on April 27, 2017.
- 7/24/2013Vorys partner Al Kinzer spoke at the seminar, Avoiding Wage and Hour Liabilities, hosted by Lorman Education Services on July 24, 2013.
- 10/31/2012Vorys partners Mark Knueve and Allen Kinzer participated in the 6th Annual Labor and Employment Law Conference that took place on October 31 to November 3, 2012. The Conference covered various issues and aspects of the labor and employment law arena.
- 3/13/2012Vorys partners Al Kinzer, Nelson Cary and Mark Knueve spoke at the Employers Resource Association’s Employment Law Update and Review on March 13.
- 3/9/2011
- 5/17/2010
- 3/31/2010
- 2/26/2009
Insights
- 3/8/2019On March 7, 2019, the U.S. Department of Labor (DOL) finally released its proposed rule to expand the overtime protections in the Fair Labor Standards Act (FLSA).
- 1/17/2018The tax bill signed by the president on December 22, 2017, changed the rules for deducting settlement payments and attorney’s fees related to sexual harassment or sexual abuse claims.
- 5/24/2017The Family and Medical Leave Act (FMLA) prohibits an employer from discriminating or retaliating against employees who have used FMLA leave.
- 11/23/2016In a surprising decision, a federal judge in Texas blocked the U.S. Department of Labor’s new overtime rule from taking effect on December 1.
- 10/26/2016On October 21, 2016, the Pennsylvania Superior Court held that the mandatory payment of wages by payroll debit card does not satisfy the requirements of the state’s Wage Payment and Collection Law (WPCL).
- 9/21/2016The U.S. Department of Labor’s (DOL) new overtime rules become effective on December 1, 2016. On that day, the salary threshold to be considered an overtime-exempt employee will double from the existing $455 per week to $913 per week (or $47,476 per year).
- 8/3/2016Nelson Cary and Al Kinzer, partners in the Vorys Columbus office and members of the labor and employment group, co-authored an article for the Ohio State Bar Association’s Fine Print titled “5 Labor Law Developments for Your ‘To Review’ List.”
- 6/27/2016A federal district judge in Texas today issued a nationwide injunction prohibiting enforcement of the Department of Labor’s (DOL) persuader rule, saying it threatens employers’ rights to secure legal advice about union organization.
- 6/16/2016The DOL has recently interpreted its new Persuader Rule to exclude an agreement or arrangement signed before July 1, 2016, even if the services and payments occur after July 1.
- 5/18/2016Today, the U.S. Department of Labor published its final rule significantly expanding the overtime protections of the Fair Labor Standards Act (FLSA). The rule increases the salary an employee must receive before being considered overtime-exempt to $913 per week – $47,476 per year (or, $134,004 for highly compensated employees).
- 3/15/2016A recent case from the Fifth Circuit Court of Appeals highlights the importance of well-drafted and strictly enforced wage-hour policies. In Ambrea Fairchild v. All American Check Cashing, Inc., 811 F.3d 776 (5th Cir. 2016), All American’s overtime policy prohibited hourly employees from working overtime without prior approval and required employees to accurately report all of their hours worked in its timekeeping system.
- 2/4/2016On January 20, 2016, the U.S. Department of Labor Wage & Hour Division (WHD) issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant Worker Protection Act (MWPA).
- 6/4/2015The Fair Labor Standards Act (FLSA) requires employers to keep records of nonexempt employees’ hours worked each day, total hours worked each workweek, regular hourly rate, and straight and overtime wages. There is no required form for these records, but the records must include accurate information about the hours worked and the wages earned. A recent case from the Sixth Circuit Court of Appeals reinforces the importance of good record keeping when it comes to tracking employees’ work time. In Moran v. Al Basit, the Sixth Circuit answered “one simple question: Where Plaintiff has presented no other evidence, is Plaintiff's testimony sufficient to defeat Defendant's motion for summary judgment? We hold that it is.”
- 9/25/2014Allen Kinzer, a partner in the Vorys Columbus office and a member of the labor and employment group, authored an article titled “Bonus Dispute Makes DOL Seem Like 'Department Of Languor'” for Employment Law360.
- 3/14/2014On March 13, 2014, President Barack Obama signed a presidential memorandum directing the U.S. Department of Labor (DOL) to “propose revisions to modernize and streamline the existing overtime regulations” related to the overtime exemptions for executive, administrative and professional employees. The memorandum does not specify exactly what the new rules should include. However, the administration’s intent to narrow these overtime exemptions is apparent from President Obama’s statement that, “Because these regulations are outdated, millions of Americans lack the protections of overtime and … the minimum wage.”
- 7/8/2013The United States Supreme Court recently issued its long-awaited decision in United States v. Windsor, No. 12-307, ruling that the section of the Defense of Marriage Act (DOMA) that required federal laws to ignore same-sex marriages that are legally entered into under an applicable state law is unconstitutional.
- 2012Allen S. Kinzer, a partner in the Vorys Columbus office, authored several sections of the XpertHR employment law manual for the states of Ohio and Kentucky. XpertHR is a unique online service to help employers comply with federal, state and municipal law, presented in a practical format designed specifically for HR Professionals.
- 2012Allen S. Kinzer, a partner in the Vorys Columbus office, and Barton A. Bixenstine, a partner in the Vorys Cleveland office, authored numerous how to documents for XpertHR. XpertHR is a unique online service to help employers comply with federal, state and municipal law, presented in a practical format designed specifically for HR Professionals.
- 2012Allen S. Kinzer, a partner in the Vorys Columbus office, and Barton A. Bixenstine, a partner in the Vorys Cleveland office, authored numerous policy documents for XpertHR. XpertHR is a unique online service to help employers comply with federal, state and municipal law, presented in a practical format designed specifically for HR Professionals.
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