David L. Zwisler

Of Counsel Denver

David Zwisler is a trusted senior leader, legal advisor, and strategist with a 20+ 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.


Experience

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

  • Providing practical solutions to employment and labor law issues to all levels of management on a day-to-day basis.
  • Lead counsel in numerous state and federal employment discrimination cased, including cases alleging discrimination based on age, color, disability status, gender, genetic information, national origin, race, and religion.
  • Lead counsel in numerous state and federal employment cases, including cases alleging wage and hour violations, breach of contract, defamation, privacy violations, and wrongful discharge.
  • 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
  • Northern Colorado Legislative Alliance, Board Member
  • Larimer County Bar Association

Speeches:

  • Mile High SHRM - ''Invisible Risks – Managing Mental Health Problems in the Workplace'' - Denver - September 12, 2018
  • Strafford Publication Webinar - ''Structuring Workplace Drug Policies: Employer Pitfalls in the Age of Marijuana Legalization and the Opioid Crisis'' - August 14, 2018
  • Northern Colorado Human Resource Association - ''Responding to 'Alt' Views in the Workplace'' - Denver - August 08, 2018
  • Mile High SHRM Webinar - ''Accommodating Gender Transition in the Workplace'' - June 26, 2018
  • Mile High SHRM Annual Conference - ''Responding to 'Alt' Views in the Workplace'' - Denver - January 29, 2018
  • Mile High SHRM Professional Development Group - ''Accommodating Gender Transition in the Workplace'' - Denver - December 15, 2017
  • Wharton Business Radio on SiriusXM - ''In the Workplace'' - December 12, 2017
  • HRCertPrepPros - ''Labor Relations and Unions'' - Denver - November 20, 2017
  • Ogletree Deakins Briefing - ''Ron Burgundy v. Rocky Mountain News Network: A Mock Trial'' - Denver - November 10, 2017
  • Ogletree Deakins Briefing - ''Sanctioning or Restricting Religious Practices in the Workplace – When are Accommodations Required?'' - Denver - November 10, 2017
  • Mile High SHRM Webinar - ''Prescription Drugs in the Workplace'' - October 24, 2017
  • Mile High SHRM Professional Development Group - ''Basic Training for the New (HR) Recruit'' - Denver - September 27, 2017
  • Ogletree Deakins Briefing - ''Discrimination and Retaliation'' - Denver - March 2017
  • 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 High SHRM - ''Employment Law – We Have to Do What?'' - Denver - September 21, 2016
  • Ogletree Deakins Seminar - ''New Laws Are Born'' - Denver - September 16, 2016
  • Mile High SHRM Webinar - ''Is Orange the New Black at OSHA?'' - September 08, 2016
  • Mile High 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 High 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 High 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

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August 15, 2018 - Law Week Colorado - "NLRB Rethinking Stance on Employee Email Use"

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