Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a true labor practice – not just litigators who attempt employment cases. On a comparative basis for a firm our size, we have among the biggest work and labor groups in California. Each of our legal representatives works carefully and personally with employer customers to develop proactive compliance and conflict resolution techniques. We think this individually therapy is much more efficient than an unwieldy group. We deal with customers to assist them avoid workplace problems, however where debate is unavoidable, we have handled literally hundreds of jury trials, administrative trials and appeals before courts and administrative agencies nationwide.

JMBM is recognized as a Go-To Law Practice® & reg; for the leading 500 business in the United States in the areas of labor lawsuits and labor & employment law, as figured out by American Lawyer Media’s (ALM) annual study of in-house counsel at FORTUNE 500® & reg; business. Because labor employment and work problems typically involve high stakes and intense time pressure, our legal representatives are devoted to providing employers the most instant service possible. We respond immediately and without stop working, with simple advice from an experienced lawyer who won’t pass your problem off to somebody else. Issues like unwanted sexual advances and work environment violence need instant attention- and we offer it.

Employers in the middle of a conflict over an arranging drive or an unfair labor practice complaint depend on our aggressive and prompt action. Accountability and ease of access are our watchwords, and you get direct access to the individual who can solve your problem or address your concern.

One of the strengths of our labor and employment group is the variety of the companies we represent. Public and private companies in company sectors ranging from standard manufacturing to innovation, apparel to aerospace and from healthcare to financial services all depend on JMBM labor employment attorneys, no matter the problem. Many customers have actually been with us 10 to 20 years-in lots of cases working with the same skilled legal representative who thoroughly comprehends their company.

Our industry-specific avoidance and readiness methods can avoid or employment minimize costly claims. We work carefully with senior executives and in-house counsel to craft customized, reliable work policies – complete with an emphasis on appropriately training managers and HR staff on legal rights and obligations. Our services work to ensure compliance with nationwide and state labor laws, lessen disagreements with employees, and take full advantage of tactical benefit if lawsuits is necessary. We stress creative preparation and aggressive advocacy for every single customer.

There are business sectors where we have special ability in handling employment matters. Many law practice count on us for counsel on issues including personnel and lawyers, and we typically encourage broker-dealers on non-compete and disciplinary controversies. Our attorneys also successfully represent many health care and hospitality market customers in cumulative bargaining and other labor and employment issues.

Any protected class of employees-by age, race, gender, disability, religion-could bring fit versus a company under the discrimination statues. We have successfully litigated and solved all types of discrimination matters brought under such employment 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 way to deal with any claim is to prevent it from being filed, employment and we provide customers reliable assistance right from the start to handle grievances correctly and keep them from becoming claims. If lawsuits is needed, our lawyers 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 Job Opportunity Commission and before all the California state companies – the Department of Labor employment Standards Enforcement, the Department of Fair Employment and Housing, and the Employment Development Department.

Often overlapping with discrimination issues are claims for wrongful termination, employment vindictive treatment and whistle blowing. We comprehend the necessity in such cases to show that an employer’s actions appertained, and despite the prestige that is in some cases included, we have had significant success at revealing that company conduct was genuine and handled correctly.

Whether your organization presently has 3rd party representation or seeks to keep an office complimentary of such participation, our extremely efficient labor relations counsel can be essential to helping keep a competitive work environment while reducing disputes and optimizing management versatility. Employers that face union organizing drives depend on our aid to:

– Maintain a positive workplace with open interaction with all workers

– Adhere to NLRB election laws

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

In unionized workplaces, our company is an extremely experienced and responsive partner that works along with company human resources and labor relations workers to:

– Participate in cumulative bargaining – including multi-union, multi-location talks

– React to complaint and arbitration actions

– Manage reductions in force, drug screening, discipline procedures and strikes

– Provide representation in NLRB proceedings

Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law office. We provide instant response, day-and-night schedule in crisis situations and aggressive defense of all employers’ rights.

We safeguard numerous companies against class action lawsuits in which workers sue 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 legal representatives can assist companies prevent classification problems that result in claims by:

– Auditing existing wage policy and pay practices

– Reviewing the language of written work policies to ensure they adhere to FLSA requirements for exempt and non-exempt staff members

– Ensuring all exempt worker task descriptions include management and guidance

If you as a company are faced with a wage and hour claim, whether under federal law or California wage and hour statutes, we mount an energetic and effective defense. Your JMBM lawyer will look for to reject class certification and work to secure an efficient and effective settlement that dismisses unproven claims and protects your interests.

Disputes over non-compete agreements involving trade secrets frequently pit companies against each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it especially difficult to impose non-compete terms. We’ve dealt with litigation representing both employees’ former and current companies, and are competent at securing and withstanding TROs and injunctions to protect company interests in either type of case.