C. David Morrison

Member

Biography

The phrase “fact is stranger than fiction” comes to mind when David Morrison reflects on his 35+ year career as a labor and employment lawyer. Morrison is never surprised when he picks up the phone and an exasperated human resources director or in-house counsel regales him with the latest unique employee situation that needs untangling. David genuinely enjoys helping his clients when they don’t know where to turn, and he is often the origin of creative solutions that can be implemented in a way that allows clients to retain their integrity and follow the law. To help clients avoid litigation, David invests time in counseling them on what to do and what not to do, always with a listening and compassionate ear. In the event that litigation does occur, David is the person to have on the team, having tried over 80 cases and arbitrations, and argued over 20 appeals before state and federal appeals courts.

David is an effective storyteller, and he often uses his experience to mentor and train young lawyers, helping them learn the importance of humanity in the practice of law.

Representative Experience

Advised client on “back to school” issues related to COVID-19
Advised client on employee remote work arrangements related to COVID-19
Advised client on EFLMEA issues related to COVID-19 and employee leave
Advised client on union-related issues in conjunction with COVID-19
Advised client on workplace safety issues related to COVID-19
Won a jury trial for a large chemical manufacturing company in a case brought by seven women alleging sex discrimination and an Equal Pay Act violation
Obtained summary judgment for a large truck stop chain in federal district court in which the plaintiff claimed fraud in the inducement
Obtained summary judgment in two cases where the federal district court was asked to overturn labor arbitration awards
Assisted a large West Virginia bank in a post-merger reorganization of its workforce
Provided many training sessions to employees of clients on various HR topics, including EEO matters, harassment, documentation, investigations, hiring and interviewing, and factors to consider before firing
Handled arbitrations against the Teamsters, Steelworkers, Bricklayers, Service Employees, and Chemical Workers’ unions
Handled union elections in wood products, aluminum products, chemical, retail, health care, natural gas, coal, and hospitality industries
Handled a number of FLSA / Wage and Hour issues, including class actions, for clients both in litigation and in the investigative stage by the Department of Labor
Defended discrimination claims of race, gender, age, disability, religion, and national origin as well as retaliation claims in state and federal courts, as well as claims brought before the EEOC and state human rights agencies in West Virginia, Ohio, Kentucky, Pennsylvania, Louisiana, Tennessee, New York, Florida, South Carolina, and Alabama
Obtained state and federal court injunctions for illegal strike activity in the chemical, tire manufacturing, coal, natural gas, trucking, wood products, and aluminum products industries

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Licensed In

Kentucky
West Virginia

Education

J.D. University of Kentucky J. David Rosenberg College of Law

B.A. Transylvania University

Memberships

Member, Board of Directors, Mountaineer Education & Research Corporation, affiliated with the Louis A. Johnson Veterans Administration Hospital, 2015-2018
Member, Safety, Health & Human Resources Committee, National Mining Association, 2011-present
Member, Board of Trustees, Alderson-Broaddus College, 1992-2004, Executive Committee, 1999-2004
Member, Harrison County Chamber of Commerce
Board Member, Harrison County YMCA, 2006-2012
Member, Academic Excellence Committee, Harrison County Catholic Schools, 1992-2004
Member, Board of Trustees, Clarksburg Baptist Church, 1998-2001
Member, Board of Directors, Harrison County Student Achievement Program, 1992-1999
Member, West Virginia Chamber of Commerce
Coached 33 seasons of youth sports
PA Announcer, Notre Dame High School Basketball, 2004-present
Fellow, American Bar Association Foundation, 2016-present
Board of Directors, West Virginia Bar Foundation, 2020 – present
Vice President, West Virginia Bar Foundation, 2024 – present
Fellow, West Virginia Bar Foundation, 2011-present
Member, National Mining Association
Member, American Bar Association, Section on Employment Law
Member, Fourth Circuit Judicial Conference
Member, West Virginia Coal Association
Member, Executive Committee, Energy & Mineral Law Foundation, 2006-2012 and 2015-2016
President, Energy & Mineral Law Foundation, 2009-2010
Fellow, American College of Labor & Employment Lawyers, 2010-present
Member, MCLE Planning Committee for Employment Law Seminar, 2016
Member, U.S. Magistrate Court Selection Committee, United States District Court for the Northern District of West Virginia, 2015

Achievements

Peer Review Rated AV by Martindale-Hubbell
West Virigina State Bar, Mentor of the Year, 2022
John L. McClaugherty Award for Dedication and Service, Energy & Mineral Law Foundation, 2013
Chambers USA: America’s Leading Lawyers for Business – Labor & Employment (2003-Present)
The Best Lawyers in America®, Appellate Practice (2013-Present), Employment Law – Individuals (2011-Present), Employment Law – Management (2011-Present), Energy Law (2013-Present), Labor Law – Management (2011-Present), Litigation – Labor and Employment (2011-Present), Mining Law (2008-Present)
Best Lawyers® 2024 Morgantown, Labor Law – Management, Lawyer of the Year
Best Lawyers® 2024 Morgantown, Employment Law – Management, Lawyer of the Year
Best Lawyers® 2020 Morgantown, Appellate Practice, Lawyer of the Year
Best Lawyers® 2018 Morgantown, Energy Law, Lawyer of the Year
Best Lawyers® 2016 Morgantown, Mining Law, Lawyer of the Year
Best Lawyers® 2015 Morgantown, Labor Law, Lawyer of the Year
Super Lawyers®, Employment Litigation Law, Energy & Natural Resources Law, Employment & Labor Law, Bridgeport, WV (2007-Present)

Speaking Engagements

Presenter, “S&J Sleep Specialists – Let’s Talk About What Keeps You Up at Night”
“Best Practices & Considerations in Crafting Coronavirus Vaccination Policies.” Energy & Mineral Law Foundation Webinar, February 2021
“LGBTQ Rights in the Workplace,” West Virginia Hospital Human Resources Association Webinar, July 9, 2019
“If It Ain’t Documented, It Didn’t Happen: How and When to Document Employment Issues,” West Virginia Coal Association Symposium, January 29, 2019
“2018 Employment Law Update,” West Virginia Continuing Legal Education Employment Law 2018, Charleston, WV, May 24, 2018
Sexual Harassment in the Workplace, West Virginia Coal Association Symposium, January 30, 2018
Impact of New Medical Marijuana Law on West Virginia Employers, June 2017
“Conducting Effective Investigations,” W. Va. Chapter of SHRM, Bridgeport, WV, November 2, 2017
“Energy Careers,” WVU College of Law, October 30, 2017
Co-author and speaker, “Surprise! You Are a Joint Employer,” Energy & Mineral Law Foundation 37th Annual Institute, Charleston, SC, June 14, 2016
Co-author, “Potential Recovery for Employment Actions in West Virginia and How the New Statutory Limits on Damages Will Support Practitioners,” West Virginia Defense Trial Counsel, May 2016
Co-author, ABA Treatise on Employment at Will, State by State Survey, 2011, and Annual Update through 2018
Co-author, ABA Treatise on State Wage and Hour Laws, 2009, and Annual Update through 2018
Co-author and speaker, “Reductions in Force: Factors to Consider to Avoid Liability to Laid Off Employees,” Energy & Mineral Law Foundation, 36th Annual Institute, Amelia Island, FL, June 21, 2015
Speaker, “Employment Law Update,” AIG Legal Symposium, New York, NY, March 24, 2015
Co-author, “Internal Investigations of Employee Misconduct: Ethical Considerations,” Energy & Mineral Law Foundation, Kentucky Mineral Law Conference, Lexington, KY, October 26, 2014
Speaker, “Social Media and Employment,” The Law Works, West Virginia Public Television, October 17, 2013
Speaker, “The Latest on Harassment Claims: Sexual, Non-sexual, and Who Qualifies as a ‘Supervisor’ Under Title VII,” American Conference Institute’s 4th Annual Forum on Defending and Managing Employment Discrimination Litigation, New York, NY, July 31, 2013
Speaker, “Exempt Employee Determinations and Classifying Workers: A Focus on Key Industries and Independent Contractor Misclassifications,” American Conference Institute’s 16th National Forum on Wage and Hour Claims and Class Actions, San Francisco, CA, September 27, 2012
Co-author or lecturer more than 70 other times.
Mr. Morrison also served as an adjunct lecturer on trial advocacy and pretrial strategies at West Virginia University College of Law.