Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice – not just litigators who try work cases. On a comparative basis for a company our size, we have one of the largest employment and labor groups in California. Each of our lawyers works closely and personally with company clients to establish proactive compliance and disagreement resolution strategies. Our company believe this one-on-one counseling is even more effective than an unwieldy team. We work with clients to assist them avoid work environment problems, but where controversy is inevitable, we have actually managed actually numerous jury trials, administrative trials and appeals before courts and administrative firms across the country.

JMBM is recognized as a Go-To Law Firm® & reg; for the leading 500 companies in the United States in the areas of labor employment lawsuits and labor & employment law, as identified by American Lawyer Media’s (ALM) yearly survey of internal counsel at FORTUNE 500® & reg; business. Because labor and employment issues typically include high stakes and extreme time pressure, our lawyers are dedicated to providing companies the most immediate service possible. We respond immediately and without stop working, with simple advice from a knowledgeable lawyer who won’t pass your issue off to somebody else. Issues like unwanted sexual advances and office violence demand immediate attention- and we provide it.

Employers in the middle of a dispute over an organizing drive or an unfair labor practice problem 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 employment group is the variety of the employers we represent. Public and personal business in service sectors varying from standard manufacturing to innovation, apparel to aerospace and from health care to financial services all count on JMBM labor attorneys, regardless of the problem. Many customers have been with us 10 to 20 years-in lots of cases working with the exact same skilled attorney who thoroughly comprehends their business.

Our industry-specific avoidance and preparedness methods can avoid or lessen costly claims. We work carefully with senior executives and in-house counsel to craft personalized, efficient employment policies – total with an emphasis on appropriately training supervisors and HR personnel on legal rights and responsibilities. Our services work to make sure compliance with nationwide and state labor laws, decrease disputes with employees, and make the most of strategic benefit if litigation is essential. We stress innovative planning and aggressive advocacy for each customer.

There are company sectors where we have special ability in handling work matters. Many law companies count on us for counsel on issues including staff and legal representatives, and we typically advise broker-dealers on non-compete and disciplinary controversies. Our attorneys likewise efficiently represent lots of healthcare and hospitality industry in collective bargaining and other labor and employment concerns.

Any safeguarded class of employees-by age, race, gender, impairment, religion-could bring fit versus a company under the discrimination statues. We have actually effectively prosecuted and dealt with all kinds 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 best method to handle any claim is to avoid it from being submitted, and we provide customers efficient assistance right from the start to manage grievances appropriately and keep them from becoming lawsuits. If lawsuits is required, our legal representatives investigate thoroughly and prepare a strong position that can negate complainant claims.

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

Often overlapping with discrimination concerns are claims for wrongful termination, vindictive treatment and whistle blowing. We comprehend the necessity in such cases to demonstrate that an employer’s actions were correct, and in spite of the prestige that is often included, we have actually had considerable success at showing that employer conduct was legitimate and employment dealt with properly.

Whether your company currently has 3rd party representation or looks for to preserve an office complimentary of such involvement, our highly reliable labor relations counsel can be vital to assisting keep a competitive work environment while decreasing disputes and making the most of management flexibility. Employers that face union organizing drives count on our aid to:

– Maintain a positive workplace with open interaction with all workers

– Adhere to NLRB election laws

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

In unionized workplaces, our company is a highly skilled and responsive partner that works alongside company personnels and labor relations workers to:

– Engage in cumulative bargaining – consisting of 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 proceedings

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

We protect numerous employers against class action claims in which workers demand back overtime pay-and millions of 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 help employers avoid classification issues that result in claims by:

– Auditing existing salary policy and pay practices

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

– Making sure all exempt worker task descriptions include management and supervision

If you as an employer are faced with a wage and hour lawsuit, whether under federal law or California wage and hour statutes, we install an energetic and effective defense. Your JMBM legal representative will seek to reject class certification and work to secure an efficient and reliable settlement that dismisses unfounded claims and safeguards your interests.

Disputes over non-compete agreements involving trade secrets frequently pit companies versus each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it specifically tough to enforce non-compete terms. We’ve handled litigation representing both employees’ previous and present employers, and are proficient at securing and resisting TROs and long-term injunctions to secure employer interests in either kind of case.