Energy

Littler has a long history of advising clients in the energy industry and its diverse subsectors, providing dedicated, cutting-edge guidance tailored to the labor and employment challenges facing energy employers today.

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Energy companies are facing growing litigation over employment decisions, including workforce reductions, wage and hour practices, and workplace safety matters. Littler’s national platform and broad industry experience position us to provide focused advice and representation as clients navigate this complex and rapidly evolving environment.

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Industry Volatility Driving New Workforce Challenges

With millions of workers nationwide, the energy industry ranks among the largest groups of employers in the United States. In addition to increased litigation, energy companies are facing shifting global dynamics, fluctuating oil and gas prices, and changing production levels. These conditions have created significant strain on energy employers and, together with the industry’s growing employment base, generated unique workplace challenges and a host of new uncertainties in managing workforces.

We Understand How This Industry Operates

Littler attorneys regularly advise energy employers, their contractors, and other business partners on labor and employment issues that are unique to this sector. Our experience includes handling large-scale wage and hour litigation; litigating employment discrimination claims; counseling on compliance with prevailing wage; defending employers who receive OSHA citations; negotiating collective bargaining agreements, counseling labor relations managers regarding grievances and contingency planning for labor disputes; and much more. This knowledge fuels our ability to provide practical, industry-specific labor and employment advice and serve as a trusted advocate and business partner to our clients.

Experience & Impact

Industry Experience

Littler attorneys advise upstream, mid-stream, and downstream energy employers of all sizes offering unique insights into the legal issues and trends across the industry. Our experience spans nearly every area of the energy economy:

Oil and Gas

Exploration, extraction, refining and storage, as well as pipeline construction and maintenance
Power Generation and Utilities

Public utilities, power plant construction and maintenance, energy transmission and distribution
Renewables and Alternative Energy

Wind, solar, biomass, hydro and emerging technologies
Nuclear

Plant design, construction, maintenance and component manufacturing
Mining and Manufacturing

Coal and metals mining, and by-product and chemical manufacturing
Energy Services, Marketing and Retail

Retail fuel sales, energy marketing, commodity trading and distribution
Transportation and Logistics

Trucking, fleet operations, site management and supply chain logistics
Energy Infrastructure

Pipelines, storage facilities, terminals, gathering systems and processing facilities
Equipment and Service Providers

Oilfield services, drilling and completion support, equipment manufacturing, maintenance and repair
Chemicals and Petrochemicals

Petrochemical production, chemical processing, specialty chemicals and industrial materials manufacturing

Littler’s Energy Industry Group partners with employers across every subsector to deliver actionable, industry‑specific labor and employment guidance when it matters most.

High-Stakes Litigation

Successfully litigated numerous labor arbitrations and employment-related lawsuits, including individual and class action lawsuits for wage and hour claims in the energy industry.
Industry-Defining Results

Secured precedent-setting victories impacting energy industry employers, up to and including in the Supreme Court.
Regulatory Defense

Prevailed in defending OSHA citations and litigation on behalf of numerous energy employers and contractors.
Workforce Risk Management

Drafted enforceable employee non-compete, confidentiality and trade secret agreements to protect our clients’ business interests and defended when necessary.

Key Capabilities

Powering Client Success Through Integrated Strengths

Littler advises clients on complex employment and labor law matters stemming from changing market dynamics and heightened regulatory scrutiny. Our national platform helps us efficiently respond to issues confronting our energy clients.

Wage and Hour Guidance for Energy Employers

Counsel energy employers on wage and hour requirements, complex pay practices, and defense of individual, class, and collective actions
Labor Relations and Collective Bargaining Strategy

Guide employers in negotiating and administering union contracts, handling grievances, and managing labor‑management relations central to energy operations
Labor Dispute Contingency Planning and Administration

Provide strategic guidance on contract negotiations, contingency planning for possible strikes, preparation for potential injunction litigation, and related employment and benefits issues
NLRB Representation and Union Organizing Support

Represent employers before the NLRB in union organizing campaigns and unfair labor practice matters
Davis-Bacon, State Prevailing Wage, SCA Compliance

Advise on the Davis‑Bacon Act, state prevailing wage laws, and the Service Contract Act, including PLAs and labor peace agreements for energy projects
Inflation Reduction Act (IRA) Requirements

Support compliance with IRA‑related labor and employment obligations as they impact energy employers and projects
Workplace Safety and OSHA

Advise on workplace safety requirements and defend OSHA citations and related matters for energy employers and contractors
Discipline, Termination, and Workforce Management Counseling

Regularly counsel energy‑sector employers on discipline and termination strategies to minimize litigation risk and support day‑to‑day workforce management
Discrimination, Harassment, and Retaliation

Counsel and represent employers on discrimination, harassment, and retaliation issues before agencies and in litigation
Immigration and I-9 Compliance

Audit I‑9 forms and train managers to reduce the risk of fines and penalties under immigration laws
Independent Contractor and Employee Classification

Address potential independent contractor and employee classification risks across varied worksites and workforce structures
Contingent Employees

Advise on issues involving contingent workers, including compliance and administration in energy operations
Privacy and Data Security

Advise on privacy and data security matters related to employee information in the workplace to support compliance with U.S. and global privacy laws
Business Restructuring, Mergers and Acquisitions

Assist employers during restructuring, advising on labor and employment issues that arise during organizational changes, as well as mergers and acquisitions to support compliant workforce transitions
International Labor and Employment

Support energy employers on international labor and employment matters across global operations
Whistleblowing

Guide employers regarding whistleblowing issues and related compliance considerations