With unionization rates in the energy industry nearly two times higher than the overall private sector, a proactive labor relations strategy is key to avoiding operations-disrupting strikes and maintaining productivity. We excel in negotiating management-friendly labor contracts (at the table or behind the scenes), contingency planning, and identifying and resolving union-management conflicts before they escalate. We also address the full range of vulnerability assessments, corporate campaign/union organizing responses, and reductions-in-force and reorganizations, as well as independent contractor relationships.

> Labor Relations

In the increasingly regulated energy and utilities sector, non-compliance can result in significant fines and legal issues. We help clients navigate the complex web of federal, state, and local laws and regulations that apply to their unique workforce. We audit, offer day-to-day advice, and help clients develop hiring and employment policies and practices without violating the various applicable federal, state, and local laws, including DOE labor standards, EEO, FERC and MSHA regulations, the FLSA, FMLA, PUC practices, state workers’ compensation, state and local paid sick leave and family medical leave laws, and biometric information privacy laws—to name a few.

> National Compliance and Multi-State Solutions

With an aging workforce and a lack of new entrants into the field, as well as existing perceptions of biases in the industry’s historical demographics, energy and utility employers are facing skilled labor shortages that can critically impact project timelines and costs. We provide immediate and long-term recruitment and retention solutions, including training programs, development and implementation of effective DEI policies and practices, affirmative action plan (AAP) preparation and OFCCP audit defense, and creating competitive compensation packages, accommodations management, career development opportunities, and other approaches to creating and maintaining a positive work environment.

> Corporate Diversity Counseling

> Employee Benefits 

> Workplace Training

> Affirmative Action, OFCCP and Government Contract Compliance

We advise across a broad scope of workplace safety matters, including pending and final DOL and sub-agency (OSHA, MSHA, etc.) rulemaking, utility-specific regulations, OSHA and MSHA industry-specific requirements beyond usual standards and the interplay between OSHA and other federal agencies, as well as representing clients in investigations by federal and state governmental agencies and PUCs, defending OSHA citations, providing crisis management advice and counsel and conducting accident investigations, conducting safety and health audits, and providing representation in whistleblower proceedings.

> Workplace Safety and Health

> Drug Testing and Substance Abuse Management

The energy + utilities sector is marked by long and irregular working hours. We help employers ensure adherence to the matrix of federal and state wage and hour laws, including minimum wage requirements, overtime pay, wage disparity and capturing and managing hours worked effectively to prevent wage and hour compliance issues and ensure compliance with meal and rest break laws (where applicable). We also help clients audit their independent contractor relationships to ensure that workers are classified properly.

> Wage and Hour

We represent energy and utility employers in all types of employment litigation, including class and collective actions. Our representation of clients before federal and state courts and government agencies includes defending against wrongful termination, discrimination, harassment and retaliation claims; defending class and collective wage and hour claims; defending privacy claims arising out of the use of employee biometric information; and handling matters before the NLRB.

> Employment Litigation