Wade W. Herring, II

Partner

200 East Saint Julian Street
PO Box 9848
Savannah, GA 31412-0048

Tel 912.236.0261
Fax 912.236.4936

From Chambers USA: “Wade Herring advises a wide array of disputes, including wage and hour and harassment cases. ‘He is outstanding in every respect. He is knowledgeable, professional, and always responds and completes work in a timely manner,’ said a client.”

Wade Herring is a partner in the Savannah office. Representing businesses and management, Wade’s practice focuses on all aspects of employment problems and issues, including internal employment practices, wage/hour issues, drug testing, sexual harassment, equal employment opportunity, the Americans with Disabilities Act, and employee benefits.

Wade is admitted to practice in the Georgia Supreme Court, the Georgia Court of Appeals, the U.S. Supreme Court, the U.S. Courts of Appeals for the Eleventh Circuit, and the U.S. District Courts for the Southern, Middle, and Northern Districts of Georgia. He is a fellow of both the American Bar Association and the Lawyers Foundation of Georgia.

Wade is a frequent speaker on employment law topics, bringing a sense of humor and practical solutions to audiences of business and human resources managers.

Wade is involved in many charitable and civic organizations. He is a past president of the Savannah Bar Association, a past president of the Savannah East Rotary, and past chair of the board of trustees of Savannah Country Day School. He previously served on the Chatham-Savannah Citizen Advocacy board as chair of the Ways and Means Committee and remains involved on an as-needed basis with the organization. Wade served a three-year term on the Dartmouth Alumni Council and continues to serve as a Dartmouth Class of 1980 secretary. He is a past president of the University of Georgia Law School Alumni Association Council.

Wade received his B.A., magna cum laude, from Dartmouth College in 1980 and his J.D., cum laude, from the University of Georgia in 1983. At Dartmouth, he was Phi Beta Kappa. He was a Woodruff Scholar and a member of the Order of the Coif at Georgia. Following law school, Wade clerked for two years, from 1983 to 1985, for the Honorable Dudley H. Bowen, Jr., Judge, U.S. District Court, Southern District of Georgia.


Experience

Representative Engagements

  • Mitchell v. Savannah Airport Commission, No. 4:17-cv-00188, 2018 WL 6531725, (S.D.Ga. Dec. 11, 2018):  The court granted summary judgment for the employer on all counts where the plaintiff, a current employee, claimed she was denied promotions because of her race and sex.
  • Wylie v. Denton, 323 Ga. App. 161 (2013):  Reversing the trial court, the Court of Appeals held, as a matter of law, that former bank tellers did not have claims against their former employer and supervisor for racketeering or fraud. Moreover, on remand, the ex-employees were to state their claim for defamation with greater specificity, providing specific facts about the content and context of the alleged statements. 
  • Wagner v. Murphy Oil USA, Inc., 139 Fed. Appx. 131 (11th Cir. 2005):  Jury verdict for the defendant in FLSA case affirming that the former store manager was properly classified for wage/hour purposes and therefore exempt from overtime.
  • Caley v. Gulfstream Aero. Corp., 333 F. Supp. 2d 1367 (N.D. Ga. 2004), aff’d, 428 F.3d 1359 (11th Cir. 2005), cert. denied, 547 U.S. 1128 (2006):  The defendant company’s handbook established an alternative dispute resolution process culminating in arbitration. The district court granted defendants’ motion to compel arbitration and dismissed the cases without prejudice. The Eleventh Circuit affirmed, and the Supreme Court denied certiorari.
  • Keener v. Convergys Corp., 205 F. Supp. 2d 1374 (S.D. Ga. 2002), question certified to Georgia Supreme Court, 312 F.3d 1236 (11th Cir. 2002), certified question answered, 276 Ga. 808 (2003), aff’d in part and rev’d in part, 342 F.3d 1264 (11th Cir. 2003):  The district court enjoined enforcement of the non-compete agreement that the defendant company had required its former employee, HunterMaclean’s client, to sign during his time with the company. The Eleventh Circuit suggested that the Georgia Supreme Court should change Georgia law, but the Supreme Court declined.
  • Counts v. American General Life and Accident Ins. Co., 111 F.3d 105 (11th Cir. 1997):  The Eleventh Circuit affirmed the district court’s grant of summary judgment for the defendant in this ERISA case involving the denial of long-term disability benefits.
  • Brown v. Gulfstream Aerospace Corp., 85 Fair Empl. Prac. Cas. 1046 (S. D. Ga. 2001):  Eleventh Circuit affirmed dismissal of the case after plaintiffs had voluntary requested dismissal to revisit administrative remedies with the EEOC, but the EEOC declined to accept jurisdiction. When plaintiffs attempted to reopen the case, the district court agreed that the Title VII race claims were barred by limitations period.
  • Finn v. Great Dane Trailers, Inc., 67 Empl. Prac. Dec. ¶43, 772 (S.D. Ga. Oct. 6, 1995):  Summary judgment for defendant in this age and reverse discrimination (white male) case.
  • EBM Group Corp. v. Gulfstream Aerospace Corp., 145 F.R.D. 8 (D.D.C. 1992):  The district court granted defendant’s motion to dismiss for lack of personal jurisdiction.
  • Savage v. Jefferson-Pilot Life Ins. Co., 1991 U.S. Dist. LEXIS 16521 (S.D. Ga. Oct. 28, 1991):  Court granted defendant’s motion for summary judgment because the plaintiff had misrepresented her status as a smoker on her application for life insurance.
  • Jones v. Westside-Urban Health Center, Inc., 771 F. Supp. 359 (S.D. Ga. 1991):  After a jury verdict for the defendant in this Equal Pay Act and sex discrimination case, the district court denied the plaintiff’s motion for a new trial.

Community Work

  • Savannah Country Day School: Governance Committee, 2011-Present; Board of Visitors Chair, 2014-2022; Diversity Committee Chair, 2007-2009; Board of Trustees, 2003-2011 (Chair, 2009-2011; Vice Chair, 2007-2009; Secretary, 2006-2007)
  • Leadership Southeast Georgia: Class of 2016; Board, 2019-2021
  • Armstrong Atlantic State University: Campaign Advisory Committee, 2013-2014
  • Rotary, Savannah East: President, 2006-2007; Member, 1998-2017 & 2021-Present
  • Hospice Savannah: Personnel Committee, 2003-Present
  • Chatham-Savannah Citizen Advocacy: Personnel Committee, 2009-Present; Nominating Committee, 2005-2009; Ways & Means, Chair, 2000-2001; Board, 1998-2001
  • Dartmouth College: Alumni Council, 2004-2007; Co-Editor, 25th Reunion Book; Class of 1980 Secretary, 1985-1990, 1995-2005, 2015-Present (Secretary of the Year, 2004); Alumni Interviewer, 1979-Present
  • Wesley Monumental United Methodist Church: Administrative Board (Chair, 2021; Vice Chair, 2019-2020); Board of Trustees, 1996-1998 (Secretary, 1996-1997), 2013-2018 (Chair, 2016-2018); Lay Leader, 2006-2008; Staff-Parish Committee Chair, 1999-2001; Finance Committee Chair, 1997-1998; Stewardship Campaign Chair, 1994-1996
  • Savannah Drug Free Workplace Council: Chair, 1995
  • Frank Callen Boys & Girls Club Board: Human Resources Committee, Chair, 1994-1996

Credentials

Education

University of Georgia School of Law: J.D., cum laude, Order of the Coif, Woodruff Scholar, 1983
Dartmouth College: B.A., with high distinction, magna cum laude, Phi Beta Kappa, 1980

Affiliations

  • American Bar Association: Section of Labor and Employment Law; Member, 1983-Present
  • American Bar Foundation: Fellow
  • State Bar of Georgia: Business Court Committee (Vice Chair), 2008-Present; Special Master; Disciplinary Investigative Panel, 2006-2009; Lawyers Foundation of Georgia, Fellow; Young Lawyers Section, 1991-1994 (Executive Council, Employers’ Duties and Problems Committee); Labor & Employment Law Section; School & College Law Section; E-Discovery & the Use of Technology Section; Member, 1983-Present
  • Savannah Bar Association: Memorial Resolutions Chair, 2018-Present; Robbie Robinson Award, 2011; President, 2004-2005; President-Elect, 2003-2004; Executive Committee, 2000-2005; Member, 1985-Present
  • College of Labor and Employment Lawyers: Fellow, 2019-Present
  • University of Georgia School of Law Alumni Association Council: President, 2016-2017; President-Elect, 2015-2016; Treasurer, 2014-2015; Secretary, 2013-2014
  • Court Advisory Committee, Southern District of Georgia: Chair, 2010-2012; Participant or Member, 1997-2019
  • Georgia Appleseed, Inc.: Board Member, 2014-2019
  • Georgia Legal Services Program: State Board, 2011-2015
  • Dartmouth Lawyers’ Association: Member, 1984-Present
  • Society for Human Resource Management: National and Savannah Chapter, Member, 1987-Present

Recognition

College of Labor and Employment Lawyers: Fellow
Wade Herring is a fellow of the College of Labor and Employment Lawyers. Election as a Fellow is the highest recognition by one’s colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication, and excellence.

American Bar Foundation: Fellow
The Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars who have been elected by their peers to become members of The Fellows. Membership is by invitation only and limited to less than 1% of lawyers licensed to practice in each jurisdiction.

Chambers USA, America’s Leading Lawyers for Business: Employment Law
Chambers USA ranks the leading firms and lawyers in an extensive range of practice areas throughout America.

Best Lawyers in America: Employment Law, Labor & Employment Litigation; 2008-2023
Best Lawyers is the oldest and most highly-respected peer review guide to the legal profession worldwide. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers.

Georgia Super Lawyers: Employment Litigation, 2005-2022
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Georgia Trend Magazine Legal Elite: 2021
Georgia Trend Magazine’s annual listing of Georgia’s top attorneys, selected by their peers. The list includes eight practice areas: business law; personal injury litigation; criminal law; labor and employment; taxes, estates and trusts; bankruptcy and creditors’ rights; family law; and general practice/trial law.

Martindale-Hubbell: AV Rated
The Martindale-Hubbell® PEER REVIEW RATINGS™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States and Canada.

Licensed In

Georgia

Insights

FFCRA Leave Documentation

May 22, 2020

By Wade W. Herring, II, special to Savannah Morning News Now that businesses are reopening and recalling employees, some employees will be requesting paid leave pursuant to the Families First…

Presentations

What Does Sex Mean? Bostock v. Clayton County, Georgia
Videotaped presentation at Senior Citizens, Inc., in Savannah, Georgia, on October 5, 2020.

Employment Law Issues During COVID-19
In this YouTube video that livestreamed on April 17, 2020, Wade Herring spoke with Marjorie Young, CEO of Carriage Trade Publications, about the employment law issues surrounding the COVID-19 pandemic and what small business owners can do to survive.

Workforce Development Impact of COVID-19
Wade Herring and Sarah Lamar discussed how the COVID-19 pandemic has impacted the workforce in this virtual session on April 2, 2020, by the Leadership Southeast Georgia program.

SHRM COVID-19 Update
Sarah Lamar and Wade Herring discussed the legal impacts of COVID-19 for employers in this webinar for the Society for Human Resource Management (SHRM) on Thursday, March 19, 2020.

Reparations Pro and Con
Presented for The Learning Center in Savannah, Georgia, on January 16, 2020.

Discrimination and Harassment
NBI Presentation on Employment Law by Wade Herring in Savannah, Georgia, on September 25, 2018.

ADA, FMLA and Workers’ Compensation Seminar
Presented for Georgia Southern University at Coastal Georgia Center in Savannah, Georgia, April 23, 2018.

Managing the Trifecta Loopholes: ADA, FMLA and Workers’ Compensation
Presented at the Destination Workplace Health Conference in Savannah, Georgia, on February 22, 2018.

An Opportunity for Service
Presented at the City Manager’s Leadership Meeting in Savannah, Georgia, on November 17, 2017.

Doing Business with the EEOC
Presented at the 2017 SHRM Georgia State Conference, HR Impact: Navigating Waves of Change, in Jekyll Island, Georgia, on October 10, 2017.

Utilizing Alternative Dispute Resolution Tactics in Employment Matters
Presented at Employment Law: 2017 Comprehensive Guide, a seminar by the National Business Institute in Savannah, Georgia, on August 2, 2017.

Dealing with the Troubled/Troubling Employee
Presented at Employment Law: 2017 Comprehensive Guide, a seminar by the National Business Institute in Savannah, Georgia, on August 2, 2017.

Employment Law in a Trump Administration
Presented to the Liberty County Employer Committee in Hinesville, Georgia, on April 26, 2017.

Human Resources and Employment Law in a Trump Administration
Presented at the American Fidelity Assurance Company’s Defense Counsel Summit on April 14, 2017.

DOL Overtime Exemptions: The Good, the Bad, and the Ugly
Presented to the Brunswick-Golden Isles Chamber of Commerce in Brunswick, Georgia, on September 13, 2016.

Legal Awareness in the Workplace: Best Practices in the Hiring Process, Including Background Checks
Presented as part of Georgia Southern University’s series on Legal Awareness in the Workplace in Brunswick, Georgia, on December 1, 2015.

Employment Law for Businesses of Any Size
Presented at the Brunswick-Golden Isles Chamber of Commerce Lunch and Learn on October 6, 2015.

Legal Awareness in the Workplace: ADA Accommodations and Your Firm
Presented as part of Georgia Southern University’s series on Legal Awareness in the Workplace in Brunswick, Georgia, on September 22, 2015.

United States Department of Labor Wage/Hour Audits
Presented at the American Fidelity Defense Counsel Summit in Oklahoma City, Oklahoma, on April 14, 2015.

Discrimination and Harassment: Defining and Preventing
Wade Herring presented to the 2015 conference of HPIP (High Performance Insulation Professionals) on identifying, defining, and preventing discrimination and harassment in the workplace. The presentation was held on April 9, 2015, at the Omni Hotel on Hilton Head Island. View the presentation here.

Legal Awareness in the Workplace: Developing an In-Depth Understanding of the FMLA
Presented in Brunswick, Georgia, on March 10, 2015, as part of Georgia Southern University’s series on Legal Awareness in the Workplace.

Putting in Place Document Retention Programs
Presented at Employment LAW: 2014 Comprehensive Guide, a seminar by the National Business Institute, in Savannah, Georgia, on December 10, 2014.

Dealing With the Troubled/Troubling Employee
Presented at Employment LAW: 2014 Comprehensive Guide, a seminar by the National Business Institute, in Savannah, Georgia, on December 10, 2014.

Answers Over Easy: Employment Law for Businesses of Any Size
Presented at HunterMaclean’s main office in Savannah, Georgia, on November 12, 2014.

Employment Law: Beyond the Basics
A Sterling Education seminar presented by Wade Herring, Shawn Kachmar, Sarah Lamar, and Rebecca Sczepanski on June 3, 2014, in Savannah, Georgia.

Paying Your Employees
Presented at the Employment Law Update in Georgia seminar in Savannah, Georgia, on October 23, 2012.

Documentation, Discipline and Discharge
Presented at the Employment Law Update in Georgia seminar in Savannah, Georgia, on October 23, 2012.

Miscellaneous Employment Issues
Presented at the Employment Law Update in Georgia seminar in Savannah, Georgia, on October 23, 2012.

The Life and Legacy of Malcolm Maclean
Presented at the Georgia Legal History Foundation CLE event Oglethorpe’s Nightmare: Lawyers in Savannah, on May 25, 2012, and a videotaped presentation as part of the City of Savannah’s “Hungry for History?” series in 2016. The full text of the presentation is available as a PDF.

Podcast: Ready to Play But Are We Ready to Work?

Christopher “Smitty” Smith, Sarah Lamar, Wade Herring In this episode of The Future of Resolution Podcast by Miles Mediation & Arbitration, Christopher “Smitty” Smith moderates a discussion with employment lawyers…

Video: Workforce Development Impact of COVID-19

https://www.youtube.com/watch?v=ONplkfFiLhU Employment attorneys Wade W. Herring, II, and Sarah H. Lamar discussed how the COVID-19 pandemic has impacted the workforce in this virtual session by the Leadership Southeast Georgia program…

News