David S. Russo
 Charleston, WV

Areas of Practice

Alternative Dispute Resolution, Labor and Employment, Litigation


  • B.A., M.A. Law, Oxford University, Corpus Christi College, England, 1986
  • B. A., Political Science and Italian Literature, Bowdoin College, 1983
  • AV 5/5 Peer Review Rated, Martindale-Hubbell
  • Chambers USA: America’s Leading Lawyers, West Virginia Labor & Employment, 2021 – 2023

Bar & Court Admissions

Professional Affiliations

  • West Virginia Bar Association
  • Kanawha County Bar Association
  • Board of Directors Member, 2015-present
  • Member, Robinson & McElwee, 1993-present
  • Associate, Robinson & McElwee, 1988-1992

Mr. Russo’s practice encompasses employment litigation and labor law, with an emphasis in complex litigation, generally, including defense of high risk cases involving personal injury, wrongful death, and “deliberate intent” suits arising in industrial settings and class action litigation.

Mr. Russo’s administrative practice includes employment-related arbitration and litigation before National Labor Relations Board and Occupational Safety & Health Administration. Additionally he handles strategic labor planning, maintenance of union free workplaces, administration of labor agreements in unionized settings and the avoidance and defense of unfair labor practice charges. He has counseled clients regarding complex labor and employment law issues, including HIPAA, OSHA, FLSA, ADA and ERISA. He also has experience in labor agreement negotiations. In addition, he maintains experience in counseling and litigating issues relating to state and federal wage and hour laws.  Mr. Russo is fully trained by the West Virginia State Bar to handle all aspects of mediation relating to labor, employment and benefits litigation. He represents clients in various fields of work, including the manufacturing, oil and gas, construction, hospitality and service industries.

Away from work, Mr. Russo enjoys baseball and serves as a middle school baseball coach at Charleston Catholic. Mr. Russo also works with Capital Midwestern Little League and formerly served as the organization’s president.

  • Practices before state and federal courts and administrative agencies, including the Equal Employment Opportunity Commission (EEOC), West Virginia Human Rights Commission, National Labor Relations Board (NLRB) and Occupational Health & Safety Administration (OSHA).
  • Investigation, coordination and defense of wrongful death and serious injury cases.
  • Experience in complex litigation involving health, safety and regulatory issues.
  • Counseling of clients in employment-related matters, including workplace health and safety, state and federal legislation, labor agreement negotiations, union organizational campaigns, strike planning, state and federal wage and hour laws and employee benefits.
  • Mediator, fully trained by the West Virginia State Bar.
  • AV 5/5 Peer Review Rated, Martindale-Hubbell.
  • Presenter, Current Issues in Labor and Employment, Geiger Teeple Robinson & McElwee, Canton, O.H., 2014
  • Presenter, Hiring and Terminating Employees in the Current Economy, 5th Annual Fundamentals of Employment Law by Sterling Education Services, Huntington, W.V., 2014
  • Presenter, Fair Labor Standards Act/Wage & Hour Compliance, 11th annual Labor & Employment Law seminar presented by Sterling Education Services, Charleston, W.V., 2012
  • Regular presenter with regard to state and federal wage and hour laws, workplace health and safety, including OSHA, Fair Labor Standards Act (FLSA) and Employee Retirement Income Security Act (ERISA)
  • Member; Former President, Capital Midwestern Little League
  • Certified coach, Coaching Education Program, West Virginia Secondary Schools Activities Commission