- Jackson Lewis

Our approach + outlook

Workplace issues in the energy + utilities sector are as vast and vital as the array of products and services that the companies comprising it encompass. Wherever companies are in the operations stream, Jackson Lewis helps them efficiently and effectively balance their ability to provide essential goods and services with the complexity of managing a large workforce to reach significant numbers of local, national and global customers. Our industry-specific knowledge of shifting market conditions and rapid technological innovation, coupled with our legal and regulatory experience, provides clients with the practical advice they need on safe working conditions, fair labor practices and compliance with stringent safety requirements to deliver on these challenges.

Clients

We counsel the following types of energy and utility industry companies so that they can continue to innovate and thrive in their competitive business environment.

Coal + consumable fuels
Energy equipment makers + servicers
Independent power producers + energy traders
Mining companies
Nuclear power generators + suppliers
Oil, gas + consumable fuels (including drillers, refiners, storers and transporters)
Renewable electricity suppliers
Utility companies (electric, gas, water)

Key concerns

Energy and utility industry businesses rely on Jackson Lewis for solutions to the workplace law issues that impact their operational efficiency, legal compliance and financial health.

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Stabilizing the Workplace

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

Avoiding Compliance Shocks

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

Boosting Recruitment + Retention

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

Maintaining Safety + Emergency Response

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

Watching Wallets + Clocks

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

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Defending Before Courts + Agencies

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

Representative experience

Fortune 10 oil and gas company in collective bargaining, guiding our client through negotiations, a 10-month lockout of 600 employees in support of its bargaining objectives (which were all achieved), and successfully defended at trial the client’s conduct and legal right to lock out employees. At a different site, successfully defended the same client at trial against allegations of bad faith bargaining, unlawfully declaring impasse and other alleged NLRA violations.
Fortune 10 oil and gas company in the successful decertification of a 150-person bargaining unit that had been certified for 50+ years, including defending unfair labor practice charges alleging unlawful withdrawal of recognition and other alleged NLRA violations; also advised on numerous occasions as to lawful messaging to non-union employees regarding the pros and cons of unionization, resulting in the employees deciding in all instances to remain union-free.
Leading North America construction and infrastructure development company with a global presence, advised on the labor, multiemployer benefits plans, employee benefits and employment aspects of its acquisition of a leading infrastructure engineering, procurement, construction and consulting company in the nuclear, conventional generation, renewable and distributed energy markets.
Petroleum refiner in securing defense verdict in California against former regional manager’s claims of race discrimination, hostile work environment, retaliation, wrongful discharge in violation of public policy, and intentional infliction of emotional distress.
Natural resources technology company in obtaining summary judgment in a lawsuit by a former executive claiming the company breached its employment agreement and the covenant of good faith and fair dealing by repurchasing the executive’s company shares upon his termination for poor performance; obtained declaratory judgment on company’s counterclaim that the company fully complied with its obligations under the employment agreement and recovered the company’s attorneys’ fees and costs in defending against the executive’s lawsuit.
National renewable energy company in defense of Cal/OSHA inspections and spearheaded an overhaul of the business’ safety program across multiple platforms.
National renewable energy company in advice and counsel, wage and hour, class action/California PAGA litigation, benefits, and traditional labor work, including winning multiple NLRB elections and related labor litigation.
Major electrical and gas utility with more than 2.4 million customers in successful arbitration hearings over the Company’s actions in merging bargaining units and in allowing management to perform bargaining unit work in emergencies. Lead contract negotiator the Company for security guard unit at nuclear power plant, and high-level strategy advisor on consolidation of work between bargaining units and across regulatory boundaries.
Major electrical utility in successful representation in three NLRB elections in California over the course of a seven-year period, including related labor litigation.
Energy infrastructure company in negating collective bargaining agreements and project labor standards for wind turbine port operations.
Major electric and gas utility with more than 1.7 million customers in multiple arbitration hearings that confirmed the Company’s right to lay off employees, contract out bargaining unit work, and determine whether positions should be filled. Successful defense of Company in multiple suspension and discharge arbitration hearings.
Multinational energy company, serving as chief council and spokesperson, in the negotiation multiple project labor agreements covering offshore wind turbine construction.
Onshore power stations constructor in negotiating project labor agreements and other union agreements relating to construction of gas fired power stations, including defense of jurisdictional claims and court litigation involving conflicting union claims.