Kelly T. Kindig

Of Counsel
Tel 215.864.8652
Fax 215.864.8999

Kelly T. Kindig represents public and private employers in a broad range of employment litigation and counseling and labor matters. She helps clients develop employment policies relating to personnel and employment law issues and advises clients regarding compliance with various employment and labor laws, including Title VII, FMLA, FLSA, ADA, NLRA, and LMRA.

Kelly also counsels on hiring, firing, and disciplinary practices, as well as restrictive covenant matters. She is experienced with collective action litigation under the FLSA and ADEA and defends employers in employment litigation, including race, sex, and age discrimination, and sexual harassment lawsuits. Kelly represents employers in collective bargaining negotiations and labor arbitrations, as well as unfair labor practice charges and representation petitions filed with federal and state administrative agencies.

Pro Bono Experience

Kelly works with the Homeless Advocacy Project to represent claimants applying for Social Security benefits in administrative proceedings before the Social Security Administration.


Co-author, "The Split Deepens: 2nd Circuit Holds that Title VII Bans Sexual Orientation Discrimination," Ballard Spahr alert, February 28, 2018 

Co-author, "Pennsylvania Plans New Overtime Rules," Ballard Spahr alert, January 19, 2018 

Co-author, "Labor Department Hits the Brakes on Class Actions by Interns," Ballard Spahr alert, January 9, 2018 

Co-author, "U.S. District Court Invalidates Pending FLSA Rules," Ballard Spahr alert, September 5, 2017 

Co-author, "Office of Management and Budget Halts Employers' Obligation to Report Summary Pay Data on Annual EEO-1 Form," Ballard Spahr alert, September 1, 2017

Co-author, "Dancer's Statutory Claims Against Club Not Subject to Arbitration Clause, Third Circuit Rules," Ballard Spahr alert, August 29, 2017

Co-author, "New California Transgender Regulations: Employer Do's & Don'ts," Ballard Spahr alert, July 25, 2017

Co-author, "Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis," Ballard Spahr alert, July 21, 2017

Co-author,  "U.S. Secretary of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors," Ballard Spahr alert, June 9, 2017

Co-author, "House Passes Working Families Flexibility Act of 2017," Ballard Spahr alert, May 22, 2017

Co-author, "Job Safety Concerns May Permit Post-FMLA Medical Exams," Law360, May 30, 2014

Co-author, "California Court Upholds Post-FMLA Fitness for Duty Examination in Face of Safety Concerns," Ballard Spahr alert, April 24, 2014

Co-author, "NLRB Withdraws ‘Ambush Election’ Rules," Ballard Spahr alert, January 30, 2014

Co-author, "Ninth Circuit Holds that Class Action Waiver in Arbitration Agreement Is Enforceable," Ballard Spahr alert, August 26, 2013

Co-author, "D.C. Circuit Vacates NLRB Poster Rule," Ballard Spahr alert, May 9, 2013

"Top Ten Personnel Policies and Practices for Your List of New Year's Resolutions," Employee Benefit News, December 30, 2011

Co-author, "Facebook Gripes About Your Boss May Constitute Protected Activity Under the NLRA," November 10, 2010

Speaking Engagements

"Best Practices for Drafting Employee Handbooks," PBI Employment Law Institute, Philadelphia, April 27, 2018

"Trends in Employment Law," OPERA America Finance/HR/Administration Forum, December 7, 2017 

"Mind Your (Pay) Gap: What Employers Need to Know About Pay Equity," 2017 Ballard Spahr SEPA SHRM HR Legal Summit, September 14, 2017 

"The Pendulum Swings: A Survey and Analysis of Labor, Employment and Benefits Under the Trump Administration," PBI Webinar, July 13, 2017 

"Labor and Employment Law as Seen Through the Cinema," Ballard Spahr CLE, July 2017 

"Paying Employees in Pennsylvania: Wage & Hour Laws," PBI Employment Law Institute, Philadelphia, April 27, 2017

"Out Sick: FMLA 101," PBI Employment Law Institute, Philadelphia, April 27, 2016

"Are You Prepared for Ebola? A Guide for Employers," Ballard Spahr webinar, November 4, 2014

"Legislative Issues Boot Camp," Penjerdel Employee Benefits and Compensation Association (PEBA), Philadelphia, September 27, 2012

"Employment and Employee Benefits Law for Nonprofits," Ballard Spahr CLE program, Philadelphia, February 8, 2012

Legislative Bootcamp, PENJERDEL Employee Benefits & Compensation Association, September 13, 2011

"Consultant v. Employee: Why Should You Care and How Can It Affect the Value of Your Business?" PaBIO Knowledge Fair, June 8, 2011

"What Will Your Legislators Think of Next?" Philadelphia Area Association of Healthcare Recruiters, October 21, 2010

Board Memberships

Pennsylvania School for the Deaf, Secretary, Board of Trustees

Villanova University School of Law (J.D. 2006, magna cum laude)
Symposium Editor, Villanova Law Review; Member, Order of the Coif

Ursinus College (B.A. 2002, magna cum laude)
Member, Phi Beta Kappa

New Jersey


U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. Court of Appeals for the Third Circuit 

U.S. Court of Appeals for the Fifth Circuit

U.S. Supreme Court