Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a real labor practice – not simply litigators who attempt employment cases. On a relative basis for a firm our size, we have among the biggest employment and labor groups in California. Each of our attorneys works carefully and personally with employer customers to establish proactive compliance and disagreement resolution methods. Our company believe this individually counseling is much more efficient than an unwieldy team. We deal with clients to assist them avoid work environment issues, but where controversy is unavoidable, we have handled literally hundreds of jury trials, administrative trials and appeals before courts and administrative companies nationwide.

JMBM is recognized as a Go-To Law Practice® & reg; for the top 500 companies in the United States in the locations of labor lawsuits and labor & employment law, as determined by American Lawyer Media’s (ALM) yearly study of internal counsel at FORTUNE 500® & reg; companies. Because labor and employment issues often involve high stakes and extreme time pressure, our lawyers are committed to offering companies the most immediate service possible. We react without delay and without fail, with simple recommendations from a skilled lawyer who will not pass your issue 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 dispute over an organizing drive or an unfair labor practice grievance rely on our aggressive and prompt action. Accountability and ease of access are our watchwords, and you get direct access to the individual who can resolve your issue or address your concern.

One of the strengths of our labor and work group is the diversity of the companies we represent. Public and private companies in business sectors varying from fundamental production to innovation, garments to aerospace and from health care to financial services all count on JMBM labor legal representatives, no matter the issue. Many clients have actually been with us 10 to 20 years-in numerous cases dealing with the very same experienced attorney who totally understands their service.

Our industry-specific prevention and preparedness techniques can prevent or minimize costly claims. We work closely with senior executives and internal counsel to craft personalized, efficient work policies – total with a focus on properly training supervisors and HR staff on legal rights and obligations. Our options work to guarantee compliance with national and state labor laws, minimize disagreements with staff members, and optimize tactical advantage if lawsuits is necessary. We stress imaginative preparation and aggressive advocacy for each customer.

There are company sectors where we have unique ability in dealing with employment matters. Many law practice depend on us for counsel on issues including staff and attorneys, and we often encourage broker-dealers on non-compete and disciplinary controversies. Our lawyers also efficiently represent lots of healthcare and hospitality industry clients in cumulative bargaining and other labor and employment concerns.

Any safeguarded class of employees-by age, race, gender, impairment, employment religion-could bring fit against an employer under the discrimination statues. We have effectively litigated and fixed all kinds 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 best way to handle any claim is to avoid it from being submitted, and we offer clients reliable assistance right from the start to deal with grievances effectively and keep them from ending up being lawsuits. If litigation is required, our legal representatives investigate thoroughly and prepare a strong position that can negate complainant claims.

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

Often with discrimination issues are claims for wrongful termination, retaliatory treatment and employment whistle blowing. We comprehend the need in such cases to show that a company’s actions were correct, and despite the prestige that is often included, we have had significant success at showing that company conduct was genuine and managed properly.

Whether your company currently has third party representation or seeks to maintain an office free of such participation, our extremely reliable labor relations counsel can be essential to helping keep a competitive work environment while reducing conflicts and employment optimizing management versatility. Employers that deal with union organizing drives depend on our help to:

– Maintain a positive working environment with open communication with all employees

– Comply with NLRB election laws

– Counter aggressive unionizing efforts without creating a “union-busting” controversy

In unionized offices, our company is an extremely experienced and responsive partner that works together with business human resources and labor relations personnel to:

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

– Respond to complaint and arbitration actions

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

– Provide representation in NLRB procedures

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

We defend numerous employers against class action lawsuits 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 applies to them.

JMBM labor lawyers can help companies prevent category problems that cause claims by:

– Auditing existing income policy and pay practices

– Reviewing the language of written work policies to make certain they adhere to FLSA requirements for exempt and non-exempt employees

– Making certain all exempt staff member job descriptions involve management and guidance

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

Disputes over non-compete contracts involving trade tricks typically pit employers against each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it particularly difficult to enforce non-compete terms. We have actually dealt with lawsuits representing both employees’ previous and present employers, and are knowledgeable at protecting and withstanding TROs and irreversible injunctions to secure employer interests in either type of case.