Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice – not simply litigators who attempt employment cases. On a relative basis for a firm our size, we have one of the biggest work and labor employment groups in California. Each of our lawyers works and personally with employer clients to develop proactive compliance and dispute resolution methods. Our company believe this individually therapy is even more efficient than an unwieldy team. We deal with clients to help them avoid office issues, but where controversy is inescapable, we have managed literally hundreds of jury trials, administrative trials and appeals before courts and administrative firms across the country.

JMBM is acknowledged as a Go-To Law Practice® & reg; for the top 500 companies in the United States in the areas of labor litigation and labor & employment law, as figured out by American Lawyer Media’s (ALM) yearly study of in-house counsel at FORTUNE 500® & reg; companies. Because labor employment and employment problems frequently involve high stakes and extreme time pressure, our attorneys are committed to offering companies the most instant service possible. We react immediately and without stop working, with straightforward suggestions from a knowledgeable attorney who won’t pass your issue off to another person. Issues like sexual harassment and office violence need instant attention- and we provide it.

Employers in the middle of a disagreement over an organizing drive or an unfair labor practice problem count on our aggressive and prompt action. Accountability and ease of access are our watchwords, and you get direct access to the person who can resolve your problem or address your concern.

One of the strengths of our labor and work group is the diversity of the companies we represent. Public and personal business in organization sectors varying from fundamental manufacturing to innovation, apparel to aerospace and from health care to financial services all depend on JMBM labor lawyers, no matter the concern. Many clients have been with us 10 to 20 years-in numerous cases dealing with the exact same experienced lawyer who totally comprehends their company.

Our industry-specific avoidance and readiness strategies can prevent or reduce expensive claims. We work carefully with senior executives and in-house counsel to craft personalized, effective employment policies – total with an emphasis on correctly training supervisors and HR personnel on legal rights and responsibilities. Our solutions work to guarantee compliance with nationwide and state labor laws, decrease conflicts with employees, and optimize strategic advantage if lawsuits is essential. We stress creative preparation and aggressive advocacy for each customer.

There are company sectors where we have special ability in handling employment matters. Many law companies rely on us for counsel on concerns including staff and attorneys, and we often advise broker-dealers on non-compete and disciplinary debates. Our attorneys likewise successfully represent numerous health care and hospitality industry customers in cumulative bargaining and other labor and work concerns.

Any protected class of employees-by age, race, gender, impairment, religion-could bring suit versus an employer under the discrimination statues. We have actually successfully litigated and dealt with all types of discrimination matters brought under such work laws as the:

– Americans with Disabilities Act

– Family Medical Leave Act

– Age Discrimination in Employment Act

– Fair Labor Standards Act

– Family and Medical Leave Act

The very best method to manage any claim is to avoid it from being filed, and we offer clients efficient assistance right from the start to deal with grievances appropriately and keep them from becoming lawsuits. If litigation is required, our attorneys investigate thoroughly and prepare a strong position that can negate complainant claims.

We provide strong defense in state and federal court, in administrative actions before the Federal Equal Employment Opportunity Commission and before all the California state firms – the Department of Labor Standards Enforcement, the Department of Fair Employment and Housing, and the Employment Development Department.

Often overlapping with discrimination issues are claims for wrongful termination, vindictive treatment and employment whistle blowing. We understand the requirement in such cases to show that a company’s actions were appropriate, and employment despite the prestige that is often included, we have had substantial success at revealing that company conduct was legitimate and dealt with appropriately.

Whether your service currently has 3rd party representation or seeks to preserve a workplace without such participation, our highly efficient labor relations counsel can be important to helping maintain a competitive work environment while lessening disputes and maximizing management flexibility. Employers that deal with union arranging drives rely on our help to:

– Maintain a favorable workplace with open interaction with all workers

– Abide by NLRB election laws

– Counter aggressive unionizing efforts without producing a “union-busting” debate

In unionized work environments, our firm is a highly experienced and employment responsive partner that works alongside company human resources and labor relations workers to:

– Take part in cumulative bargaining – including multi-union, multi-location talks

– Respond to complaint and arbitration actions

– Manage decreases in force, drug screening, discipline proceedings and strikes

– Provide representation in NLRB proceedings

Responsiveness, decision and focus are what set our labor relations counsel apart from that of other law practice. We provide immediate action, round-the-clock accessibility in crisis situations and aggressive defense of all employers’ rights.

We defend numerous companies against class action suits in which employees take legal action against for back overtime pay-and countless dollars in damages-claiming that under business policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer uses to them.

JMBM labor lawyers can assist employers prevent classification problems that lead to lawsuits by:

– Auditing existing income policy and pay practices

– Reviewing the language of composed employment policies to make sure they comply with FLSA requirements for exempt and non-exempt workers

– Making sure all exempt employee task descriptions involve management and supervision

If you as a company are faced with a wage and hour claim, employment whether under federal law or employment California wage and hour statutes, we mount a vigorous and reliable defense. Your JMBM attorney will seek to reject class certification and work to protect an effective and efficient settlement that dismisses unproven claims and safeguards your interests.

Disputes over non-compete arrangements including trade secrets typically pit employers versus each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it particularly challenging to impose non-compete terms. We have actually managed litigation representing both employees’ former and current employers, and are proficient at protecting and withstanding TROs and permanent injunctions to safeguard company interests in either type of case.