Overview
Ron Holland represents employers in state and federal court litigation, including wage and hour class actions, whistleblowing, wrongful termination, harassment, discrimination, breach of contract, and other complex labor and employment matters. He has experience defending employers in proceedings before governmental agencies, such as the Department of Fair Employment and Housing, the Equal Opportunity Employment Commission, the National Labor Relations Board (NLRB), the California Labor Commissioner and the US Department of Labor.
Ron is also recognized as one of the leading traditional labor lawyers in the United States. Ron’s traditional labor practice focuses on matters in all types of industries including retail, entertainment, printing, healthcare, warehousing, paper production, manufacturing, automobile, aviation, and the “gig” economy. He handles labor arbitrations, unfair labor practice and representation hearings, collective bargaining negotiations and other federal court litigation involving complex labor issues. He serves as lead negotiator in contract negotiations and has extensive experience handling representation and unfair labor practice cases before the NLRB. He has counseled many Fortune 500 companies on labor strategy, Corporate Campaigns and union-management relations. Prior to the issuance of the new election rules in 2015, Ron prepared comments to the proposed rules and also testified in Washington before the NLRB.
Results
- Secured a motion to dismiss all claims in a wage-and-hour class action regarding California law to oil platforms in Santa Barbara channel based on labor pre-emption. He argued that California wage-and-hour law under Mendiola was preempted on for oil rigs on outer continental shelf based on application of collective bargaining agreement*
- Defeated class certification in wage-and-hour piece rate case for a trucking company paying drivers by the mile*
- Obtained a favorable settlement for a wage-and-hour class action regarding claims for failure to pay hourly wages, failure to pay reporting time wages, failure to pay overtime wages, failure to provide meal periods, failure to provide rest periods, failure to provide accurate itemized wage statements and violation of Unfair Competition Law. Successfully compelled individual arbitration, with the issue of arbitrability of class claims to be decided by the arbitrator, which led to successful settlement of individual claims and dismissal of class claims*
- Serving as lead counsel in a class action lawsuit by owner operator drivers alleging misclassification resulting in a failure to pay minimum wage, overtime, provide meal and rest periods and other derivative claims*
- Served as primary counsel for a waste management company in a putative class action alleging violation of California meal and rest period laws and other provisions of the Labor Code. Successfully resolved the matter prior to class certification*
- Obtained a dismissal of case with prejudice on behalf of a trucking company on claims of harassment, discrimination and retaliation based on an alleged disability, failure to engage in the interactive process, failure to accommodate, violation of the CFRA, intentional infliction of emotional distress and wrongful termination in violation of public policy*
- Represented a printing company in an unfair labor practice matter which appealed to the DC circuit regarding an employer’s lawful uniform policy. Argued matter to the DC circuit. Board order was vacated as using improper legal standard to analysis the uniform policy and the matter remanded to the NLRB*
- Obtained emergency stay from Ninth Circuit on behalf of Company against injunction issued by California Federal District Court on behalf of NLRB ordering Company to negotiate a collective bargaining agreement with a Union
- Prevailed in defending a transportation company in a matter involving four alleged discriminatory terminations during an organizing drive by the labor union at the Port of Los Angeles. Defeated the Region’s pursuit of 10(j) injunctive relief resulting in a 22-page decision setting a new standard to be applied in 10(j) cases*
- Represented a major airline company in various labor and employment matters, including one class action case*
*Matter handled prior to joining McDermott.
Recognitions
- Labor Relations Institute, Top 100 Labor Attorneys in the United States, 2006 to 2017
- The Best Lawyers in America, 2021 “Lawyer of the Year” in Labor Law – Management in San Francisco area
- The Best Lawyers in America 2010 to 2022, Labor Law – Management; Employment Law – Individuals; Litigation – Labor and Employment
- Benchmark Litigation 2020: Labor & Employment Star
- Legal 500, Labor & Employment, 2020 and 2021
- Chambers USA 2021, Band 5
Credentials
Education
Fordham University School of Law, JD, 1990
Cornell University, BS, 1987
Admissions
California
New York
