Practice Areas & Industries: Jones Day

 





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Practice/Industry Group Overview

Jones Day's Labor & Employment Practice comprises more than 130 dedicated practitioners located in the Americas, Europe, Asia and Australia, offering corporate clients experienced, sophisticated, and costeffective representation concerning all aspects of employment-related legal matters. Our clients benefit from the strength of our multidisciplinary L&E team, in both employment litigation and traditional labor matters. Our global reach, multi-office teams, and seamless transfer of resources within the Firm allow us to bring the best of the practice to every client engagement.

The breadth and depth of our L&E practice permits us to handle all labor and employment needs, including serving as lead trial counsel in complex, high exposure matters, arguing appeals, as well as handling complex collective bargaining and NLRB work. We have defended and prevailed on class and collective actions involving all manner of employment claims from age, race and gender discrimination, to wage-hour compliance governing pay practices, to accessibility standards for disabled customers, to benefits claims. Our arguments before the U.S. Supreme Court on behalf of client U.S. Steel has the Court questioning whether federal law guarantees that unionized factory workers receive compensation for time spent putting on and taking off safety equipment. We also successfully urged the Supreme Court to consider an additional question following our victory for client Noel Canning in the D.C. Circuit ruling that recess appointments of the NLRB are invalid.

Nationally, we have been awarded highest honors for several years by Chambers USA, Legal 500 US, U.S. News & World Report and Best Lawyers®, and Law360. Chambers called the practice “a global powerhouse" providing “consistent advice and excellent representation” and is "very responsive and thorough." The Legal 500 praised us as "a knockout group" deemed "excellent for complex litigation."

Globally, we are recognized in Chambers Global, Chambers Europe, Chambers UK, Chambers Asia-Pacific, Legal 500 EMEA, Legal 500 Asia-Pacific and Legal 500 Latin America.

Clients include Abbott Laboratories, Bloomberg, BNSF, California Pizza Kitchen, City of Detroit, Continental Tire, CSX, Dick's Sporting Goods, General Motors, Goldman Sachs, HCA Healthcare, IBM, LXR Luxury Resorts, McDonald's, Medstar Health, Morton's Restaurant Group, Pret a Manger, U.S. Steel, Verizon, and other diverse companies.


 
Group Presentations
  2014 - A Look Ahead for California Employers, December 11, 2013
What's the Deal? The Impact of the Affordable Care Act on Labor Contract Negotiations, November 21, 2013
Navigating Global Risk, October 16, 2013
 
 
Articles Authored by Lawyers at this office:

Contractor Ordered to Pay Half a Million Dollars for Sexual Harassment
Lisa Franzini,Adam Salter, December 20, 2013
The Federal Court has granted a female employee $476,000 in damages, after finding she was sexually harassed by an "arrogant" contractor. The contractor (who was engaged as a contract accountant) had been pursuing the female employee in an aggressive and persistent manner, despite her...

Employer Resists Injunction for Reinstatement in Adverse Action Claim
Lisa Franzini,Adam Salter, December 20, 2013
An employee has failed to obtain an injunction against her dismissal after claiming to have been sacked due to her age and her absence on sick leave. The employee brought an application for interim reinstatement in the Federal Court of Australia, but was refused on the basis that she had failed to...

Getting the House in Order—Update on Government Workplace Relations Policy
Lisa Franzini,Adam Salter, December 20, 2013
As the clock strikes 100 days since the Coalition government came to power, we thought it was time to review progress on several of the Federal Government's promised industrial relations changes.

New Draft of General Protections Benchbook Released by Fair Work Commission
Lisa Franzini,Adam Salter, December 20, 2013
The Fair Work Commission (FWC) is building up its collection of benchbooks, publishing a draft General Protections Benchbook on 28 November 2013 for public comment. This publication is in addition to the Unfair Dismissals Benchbook, launched on 20 October 2013.

Fifth Circuit Holds that NLRB Erred in Finding that Arbitration Agreements with Class Action Waivers Violate NLRA
, December 10, 2013
On December 3, the Fifth Circuit, in D.R. Horton, Inc. v. National Labor Relations Board, rejected the National Labor Relations Board's ruling that Horton's mandatory arbitration agreement containing a class action waiver violated § 7 of the National Labor Relations Act. No. 12-60031, 2013 WL...

California Supreme Court Recognizes Concepcion Requires Reversal of Sonic-Calabasas but Continues to Display Skepticism Toward Arbitration
Aaron L. Agenbroad,Christopher J. Lovrien,Jason C. Wright, November 15, 2013
On October 17, 2013, the California Supreme Court issued its second decision in Sonic-Calabasas v. Moreno. In Sonic I, the court ruled that an arbitration agreement's waiver of an administrative hearing on wage claims was void and unenforceable. In Sonic II, the court reversed its prior decision,...

Dealing with the Affordable Care Act in Labor Contract Negotiations: Part II: The Looming Excise (a.k.a., Cadillac) Tax
, November 07, 2013
The Affordable Care Act ("ACA") imposes new taxes and fees on employers that will affect bargaining over health benefits. Some of these new costs, such as the Patient-Centered Outcomes Research Institute Fee and the Transitional Reinsurance Program applicable to plan issuers and sponsors,...

The Rising Stakes in Massachusetts Wage Litigation
Karen A. Whitley, November 05, 2013
The steady stream of wage and hour litigation in Massachusetts state and federal courts continues unabated. As employees and employers present a variety of claims and defenses, the courts respond with one clear message: employee wages will receive broad protection. The recent decisions not only...

$100,000 Adverse Action Award to Dismissed Employee Sends Clear Warning to Employers
Adam Salter, November 01, 2013
An employee who was sacked for failing to complete a workplace assessment following an accident has succeeded in his adverse action claim and was awarded over $100,000. The employee was a train driver who had suffered post-traumatic stress disorder and depression following the train accident in...

Overseas Redeployment Not Reasonable
Adam Salter, November 01, 2013
Multi-national employers will be pleased to learn that the Fair Work Commission ( FWC ) has agreed that it was not reasonable for an employer to redeploy a redundant worker to overseas operations.

What's the Deal? The Affordable Care Act in Labor Contract Negotiations
, October 29, 2013
The Affordable Care Act ("ACA") infuses new complexities into collective bargaining negotiations over health insurance benefits. In past years, the challenge for many employers at the bargaining table has been to control escalating health insurance costs and to shift an increasing share...

San Francisco Adopts New Family Friendly Workplace Ordinance
Aaron L. Agenbroad,Fred W. Alvarez,F. Curt Kirschner,Kari Erickson Levine,Robert A. Naeve, October 24, 2013
Once again, San Francisco is at the forefront of enacting new rights intended to protect workers. On October 1, San Francisco's Board of Supervisors adopted the "San Francisco Family Friendly Workplace Ordinance," which Mayor Lee signed into law on October 9. The new ordinance, which is...

Circuit Court of Appeals Upholds the NLRB's New "Overwhelming Community of Interest" Bargaining Unit Test
, October 07, 2013
The U.S. Court of Appeals for the Sixth Circuit, in a recent decision, approved the National Labor Relations Board's ("NLRB") application of its new "overwhelming community of interest test" in bargaining unit determination cases. The case, Specialty Healthcare and Rehab. Ctr....

A "Workplace Right" is Given a Wide Definition by the Federal Court
Adam Salter, October 01, 2013
The Federal Court of Australia has found that the definition of a "workplace right" includes the right of an employee to seek legal advice in relation to employment matters. An employer who threatened to fire an employee when she expressed her intention to make legal inquiries was found...

Employee Wins Post-Employment Restraints Case
Adam Salter, October 01, 2013
An employer has failed to prevent a former employee from working for a rival company. Although the employee's new role was materially different, the employer unsuccessfully brought an injunction before the Supreme Court of New South Wales seeking to enforce certain post-employment restraints in the...

New Federal Government: What Will This Mean for Australian Employers?
Adam Salter, October 01, 2013
Fresh from the recent success at the Federal Election, the Coalition is set to commence implementing the industrial relations policy it foreshadowed prior to the election. Key changes on the agenda include amendments to the Fair Work Act 2009 (Cth) (FW Act), introducing and reviewing regulatory...

Productivity Changes on the Horizon for the Fair Work Act?
Adam Salter, October 01, 2013
The newly-elected Coalition Government has committed to engaging the Productivity Commission to review the "Fair Work" framework and is set to play a significant role in influencing the industrial relations framework in Australia.

Employment Tribunal Fees
Mirrick Koh,Andrew Lewis,Jules Quinn,Kim Roberts,Mark Taylor, September 26, 2013
As reported in our July issue of HR Headlines, the introduction of fees in the Employment Tribunal which took effect on 29 July 2013 has caused some discontent amongst the Trade Unions.

Change in the Law of Third-Party Harassment
Andrew Lewis,Jules Quinn,Kim Roberts,Mark Taylor, September 25, 2013
From 1 October 2013 Section 65 of the Enterprise and Regulatory Reform Act 2013 will come into force. One of the effects of this new section is that the protection for employees from third-party harassment set out in section 40 of the Equality Act 2010 will be removed.

Enhanced Redundancy Package Based on Custom and Practice
Mirrick Koh,Andrew Lewis,Jules Quinn,Kim Roberts,Mark Taylor, September 25, 2013
The Courts have recently addressed the issue of whether an employee is entitled to an enhanced redundancy payment based on the custom and practice of the employer.

New Employment Rules of Procedure
Mirrick Koh,Andrew Lewis,Jules Quinn,Kim Roberts,Mark Taylor, September 25, 2013
At the same time as various other changes in employment law on 29 July 2013 (see the July issue of HR Headlines), the new Employment Tribunals Rules of Procedure came into force.

Not Always Dismissal for Cases of Gross Misconduct
Mirrick Koh,Andrew Lewis,Jules Quinn,Kim Roberts,Mark Taylor, September 25, 2013
In the case of Brito-Babapulle v Ealing Hospital NHS Trust, the Employment Appeal Tribunal has held that a tribunal erred when it stated that dismissal would always fall within the range of reasonable responses in cases of gross misconduct.

Shareholder Status Implementation
Andrew Lewis,Jules Quinn,Kim Roberts,Mark Taylor, September 25, 2013
Despite widespread criticism of the proposal during the course of 2013, the new employment status of 'employee shareholder' came into force on 1 September 2013. Employees are now able to obtain shares in their employer company in return for sacrificing certain of their employment rights. This new...

Federal Election Update-Coalition's Paid Parental Leave
Adam Salter, September 02, 2013
If the Coalition wins the Federal Election, it has committed that its paid parental leave scheme will start on 1 July 2015 and feature 26 weeks of paid leave entitlement for women, calculated on their actual wage or the national minimum wage (whichever is higher). Superannuation contributions at...

Government Calls for Submissions on Employee Share Schemes
Adam Salter, September 02, 2013
The Australian Government is calling for submissions on Employee Share Schemes (ESS) regarding the current taxation and administrative policy regarding ESS for start-up companies.

Implied Term of Mutual Trust and Confidence Accepted by the Full Federal Court of Australia
Adam Salter, September 02, 2013
The Full Federal Court of Australia has handed down a landmark decision recognising the implied term of mutual trust and confidence in employment contracts in Australia. As reported in our September 2012 Update, an employee of the Commonwealth Bank successfully argued that his employer breached the...

New Grounds of Discrimination to Watch Out For
Adam Salter, September 02, 2013
New grounds of discrimination were added to the Sex Discrimination Act 1984 (Cth) (SD Act) making discrimination based on a person’s sexual orientation, gender identity and intersex status unlawful from 1 August 2013. The amendment has extended the definition of "marital status" to...

Record Fine Imposed Against Employer for Underpaid and Misrepresented Employees
Adam Salter, August 31, 2013
The Federal Circuit Court of Australia (FCC) has imposed a record fine for a sham contracting claim brought by the workplace regulator Fair Work Ombudsman (FWO). The (FCC) held that the company, which operates an airport shuttle service, had underpaid seven drivers by misrepresenting their...