David L. Zwisler

Of Counsel Denver

David Zwisler is a trusted senior leader, legal advisor, and strategist with an 18-year history of navigating the complexities of compliance and developing practical solutions. Mr. Zwisler is a passionate employer advocate, with a proven track record in defending against allegations and charges in multiple forums including alternative dispute resolution processes, grievance and arbitration, state and federal administrative investigations and hearings, and traditional litigation and appeals.


David’s broad range of labor and employment experience includes:

  • Practical solutions to employment and labor law issues to all levels of management on a day-to-day basis.
  • Oversee and conduct wage and hour compliance audits and provide counsel on FLSA compliance.
  • Oversee and conduct comprehensive audits of employment policies and practices including drafting and editing employee handbooks; executive contracts; severance, non-competition, non-solicitation, confidentiality, and trade secret agreements.
  • Counsel on maintaining a union-free environment and compliance with the NLRA.
  • Chief strategist in union representation campaigns and decertification efforts.
  • Chief spokesperson in numerous collective bargaining negotiations, including multi-employer group representation.
  • Lead counsel in NLRB investigations and ALJ hearings.
  • Lead counsel in countless grievance and arbitrations, including disciplinary and contract interpretation issues.
  • Advisor to businesses with union contracts, including issues related to workplace closures, mergers and acquisitions, downsizing, outsourcing, restructuring, and successorship issues.
  • Counsel on workplace restructuring and closing in both unionized and non-unionized settings, with a particular emphasis in avoiding grievances, unfair labor practice charges, discrimination claims and achieving WARN and OWBPA compliance.
  • Advisor to businesses with drug and alcohol testing compliance issues ranging from varied state laws to federal drug and alcohol programs regulated by the FMCSA.
  • Lead counsel in countless OSHA investigations, settlements and hearings, including advocating for employers in over 25 workplace fatalities.

Professional Activities and Speeches

Professional Activities:

  • Fort Collins Area Chamber of Commerce, Local Legislative Affairs Committee
  • Larimer County Bar Association


  • Ogletree Deakins Briefing - ''Avoid Making Your Holiday Party The Gift That Keeps On Giving'' - Englewood & Fort Collins - December 2016
  • Rocky Mountain Regional Payroll Conference - ''Mission Possible: Ghost Workers or Rogue Employees?'' - Loveland - October 14, 2016
  • Colorado Spa & Fitness Association - ''Independent Contractors and the Department Of Labor’s New Regulations'' - Boulder - October 12, 2016
  • Mile Hi SHRM - ''Employment Law – We Have to Do What?'' - Denver - September 21, 2016
  • Ogletree Deakins Seminar - ''New Laws Are Born'' - Denver - September 16, 2016
  • Mile Hi SHRM Webinar - ''Is Orange the New Black at OSHA?'' - September 08, 2016
  • Mile Hi SHRM Webinar - ''The DOL's Overtime Regulations'' - June 30, 2016
  • America’s Claims Event - ''Assessing Risk With Legalized Marijuana'' - Minneapolis - June 23, 2016
  • Ogletree Deakins Briefing - ''Accommodating Gender Transitions in the Workplace'' - Denver - June 16, 2016
  • Colorado Culture of Health Conference - ''Wellness Programs: What You Don’t Know Might Make You Sick'' - Denver - April 27, 2016
  • Ogletree Deakins Briefing - ''The National Labor Relations Act and Why It Will Matter to Colorado Employers in 2016'' - Denver - October 30, 2015
  • Ogletree Deakins Briefing - ''Breaking Up Is Hard To Do: Drafting Effective and Enforceable Separation Agreements'' - Denver - October 30, 2015
  • Mile Hi SHRM - ''FLSA: Fear, Loathing and Something Awful'' - Denver - October 14, 2015
  • Boulder Area Human Resource Association - ''Independent Contractors: The Poison Or The Cure?”'' - Boulder - August 20, 2015
  • Northern Colorado Human Resource Association - ''Why HR Matters – Money Always Talks'' - Denver - July 08, 2015
  • Northern Colorado American Payroll Association - ''Independent Contractors: The Poison Or The Cure?'' - Denver - June 18, 2015
  • Ogletree Deakins Briefing - ''OSHA’s Cutting-Edge Enforcement Agenda'' - Iowa and Nebraska - June 01, 2015
  • Mile Hi SHRM - ''Why HR Matters – Money Always Talks'' - Denver - May 13, 2015
  • Ogletree Deakins Briefing - ''The Truth About Dating in the Workplace'' - Fort Collins - February 12, 2015
  • Strafford Publications Webinar - ''Employer Policies on Medical Marijuana Use: Navigating Conflicting Federal and State Laws'' - February 11, 2015
  • Ogletree Deakins Briefing - ''The Truth About Dating in the Workplace'' - Englewood - February 10, 2015
  • Northern Colorado Human Resources Association - ''Why HR Matters. Money Always Talks.'' - Fort Collins - July 08, 2014


Published Works


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