Mr. David L. Wing is a lawyer practicing labor and employment, human resource counseling and training, employment litigation and 8 other areas of law. David has been licensed for 48 years. David practices at Spencer Fane, LLP in Overland Park, KS.
MEMBERSHIPS
•American Bar Associations
•American Health Lawyers Association
•Kansas Bar Association
•Kansas Hospital Association Healthcare Attorneys
•Kansas City Metropolitan Bar Association
•Greater Kansas City Society of Healthcare Attorneys
•Missouri Bar Association
•Missouri Society of Hospital Attorneys
•Labor Relations Advisory Committee
Events
Past Events
August 3, 2016 - August 4, 2016
Mid-Continent Refinery Association - HR Meeting - Napa, California
Spencer Fane Labor & Employment attorney's Dave Wing and Denise Portnoy will attend the Mid-Continent Refinery Association HR Meeting in Napa, California.
Seminar
June 28, 2016
CEO Roundtable - Kansas City, MO
Dave Wing and Mike McCann presented “DOL White Collar Salary Level Regulations” to local CEO's of non-profit groups.
Seminar
June 8, 2016
Southeast Kansas Business Conference
Dave Wing will present “Employment Law Update.”
Seminar
Publications
November 23, 2016
Court Halts New Overtime Rules on Nationwide Basis
Just as employers across the nation were bracing for the new rules governing white-collar exemptions to the overtime laws (“the New OT Rules”), a federal district court in Texas blocked the Department of Labor from implementing them. The New OT Rules-which drastically increased the minimum salary threshold for employees classified as exempt under the executive, administrative and professional employee exemptions-were set to take effect on December 1, 2016.
November 18, 2016
DOL's Persuader Rule Permanently Enjoined on a Nation-wide Basis by Texas District Court - May Be Sign of Things to Come for Other DOL Regulations
On November 16, 2016, the United States District Court for the Northern District of Texas (Lubbock Division) entered an order holding that the Department of Labor's Persuader Advice Exemption Rule is unlawful and should be set aside pursuant to 5 U.S.C. 706(2). The Persuader Rule regulations are now subject to a permanent nation-wide injunction and the DOL will be prohibited from enforcing the regulations unless and until the district court's order is revised or reversed on appeal.
November 3, 2016
Getting Ready for the Presidential Election - Voting Leave Law
With the Presidential Election just days away, employers need to be ready to accommodate workers who may want or need to leave during the workday to cast their votes. The purpose of this blog post is to help employers prepare for the anticipated surge of political activity by providing a summary of the voting leave laws for the states of Arkansas, Colorado, Illinois, Iowa, Kansas, Missouri, Oklahoma and Texas.
July 29, 2016
Supreme Court Refuses to Enforce the DOL's FLSA Regulation on Car Dealership Service Advisors
On June 20, 2016, the Supreme Court of the United States held that the Department of Labor's (“DOL”) 2011 regulation classifying “service advisors” as eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) was not enforceable.
May 19, 2016
Department of Labor Releases New Overtime Rules
The long anticipated DOL overtime rules have been issued. On May 18, 2016, the Department of Labor released the Final Rule governing the “white-collar exemptions” to the Fair Labor Standards Act's (“FLSA”) overtime pay requirements. These long-awaited regulations will have substantial implications for most employers. The final rule is set to become effective on December 1, 2016.
January 13, 2014
Oral Argument Casts Doubt on Validity of Recess Appointments to the NLRB
David Wing offers his perspective on the oral arguments before the U.S. Supreme Court in the case of Noel Canning v. NLRB, involving the validity of President Obama's recess appointments to the National Labor Relations Board in January 2012.
August 31, 2013
OSHA Proposing to Adopt Stricter Silica Dust Exposure Limits and Work Practice Standards
On August 23, 2013, OSHA issued a Notice of Proposed Rulemaking designed to reduce the permissible exposure limit (PEL) associated with silica dust exposure. OSHA is proposing a new PEL for respirable crystalline silica (quartz, cristobalite, and tridymite) of 50 I1/4g/m3 in the general industry, construction, and shipyard sectors, a standard anywhere from two to five times more stringent than current PELs that date back to 1971.
May 8, 2013
DC Circuit Blasts NLRB's Employee Notice Rule
Dave Wing discusses the United States Circuit Court of Appeals for the District of Columbia Circuit decision yesterday that the National Labor Relations Board (“NLRB”) lacked authority to issue a rule requiring employers to post a notice to employees advising them of their rights under the National Labor Relations Act (“NLRA”) and imposing procedural and substantive remedies on employers who failed to post the notices. NAM v. NLRB, ____ F.3d _____, No. 12-5068 (DC Cir. May 7, 2013).
May 2, 2013
OSHA Cites Fracking Company for Confined Space Worker Fatality
OSHA has issued nine serious safety violations to First Choice Energy of Minot, North Dakota, following an employee fatality after the worker was caught in the agitator of an oil-field vacuum truck storage tank.
February 13, 2013
NLRB Requires Employers to Bargain with Newly Elected Unions
Denise Portnoy writes about another pro-union decision by the National Labor Relations Board (NLRB) which opens a new line of attack for unions to challenge disciplinary action. The Board now requires employers to bargain with newly elected unions over pre-contract discretionary discipline.
Experience
Representative experience
•Provides practical advice and legal analysis for employers to avoid or minimize risks of employment claims. These services include ongoing or as-needed counseling, reviewing or drafting HR policies, handbooks and forms; preparing employment related contracts (e.g. releases, reimbursement, employment, severance, compensation, non-compete, confidentiality, etc.); providing supervisory and employee training; providing guidance on employment law compliance, auditing HR practices and policies; advising on internal investigations; and preparing responses to charges filed with government agencies like the EEOC, DOL, OFCCP, Missouri Human Rights Commission, Kansas Commission on Human Rights, state departments of labor, and others.
•Advises on executive and other employment agreements, employment policies and best human resource practices.
•Defends private and public sector employers in lawsuits, arbitrations and mediations over discrimination, harassment, retaliation, wrongful termination, breach of contract and other employment related claims. Dave's experience includes both jury trials and trials to the court.
News
August 18, 2016
“Best Lawyers in America” Recognizes 47 Spencer Fane Attorneys
Spencer Fane is pleased to announce that 47 of the firm's attorneys have been selected for inclusion in the 2017 edition of Best Lawyers in America. Attorneys are recognized in their respective practice areas ranging from white collar criminal defense and environmental litigation to bankruptcy and tax law.
June 22, 2016
David Wing Quoted by Law360 Regarding U.S. Supreme Court Decision
Spencer Fane Partner David Wing was recently quoted by Law360 for his insights regarding the U.S. Supreme Court's decision in Encino Motorcars v. Navarro, in which the Court set aside a ruling by the Ninth Circuit that held auto dealer service advisors should be entitled to overtime compensation.
August 17, 2015
'Best Lawyers in America' Recognizes 41 Spencer Fane Attorneys
Spencer Fane is pleased to announce that 41 of the firm's attorneys have been selected for inclusion in the 2016 edition of Best Lawyers in America. Attorneys are recognized in their respective practice areas ranging from white collar criminal defense and environmental litigation to bankruptcy and tax law. Member: MEMBERSHIPS •American Bar Associations
•American Health Lawyers Association
•Kansas Bar Association
•Kansas Hospital Association Healthcare Attorneys
•Kansas City Metropolitan Bar Association
•Greater Kansas City Society of Healthcare Attorneys
•Missouri Bar Association
•Missouri Society of Hospital Attorneys
•Labor Relations Advisory Committee
9401 Indian Creek Parkway, Suite 700Overland Park, KS 66210U.S.A.
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