Labor and Employment

Labor Management Relations

Unlike many employment defense firms, Nilan Johnson Lewis also has an active labor relations practice. We regularly assist employers in structuring labor relations policies and practices, including “double-breasted” arrangements, transactional due diligence, and the avoidance of successorship, joint employer, and alter ego determinations in the context of corporate formation or acquisition. We have successfully defended hundreds of unfair labor practice charges throughout the Midwest and West, running the gamut from claims of discriminatory discharge, to unilateral subcontracting, to unlawful surveillance of social media.

Our success in complex labor matters includes assisting in implementation of drug testing policies, handling multiple related grievance arbitrations, and managing common situs picketing matters, including the use of reserved gate systems and control of area standards, consumer, and organizational picketing. Nilan Johnson Lewis’s team also has extensive experience training management in effective union avoidance techniques, performing audits of union organizing activities, and designing other union prevention measures.

  • Associated Professionals
Jen Cornell

Jen Cornell

Attorney

612.305.7717

Matthew E. Damon

Matthew E. Damon

Shareholder

612.305.7580

Mark J. Girouard

Mark J. Girouard

Shareholder

612.305.7579

David A. James

David A. James

Shareholder

612.305.7573

Sarah B. Riskin

Sarah B. Riskin

Associate

612.305.7713

  • Representative Matters

Nebraska Wage-and-Hour

Represented one of the world’s largest package delivery companies against a terminated driver who sued in state court under Nebraska’s Wage Payment and Collection Act for unpaid holidays and vacation. We removed the case to federal court on federal question grounds, asserting Section 301 preemption because the holiday and vacation pay claims arose from a collective bargaining agreement. Plaintiff’s motion for remand was denied on preemption grounds, and he voluntarily dismissed with prejudice.