Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a true labor practice – not simply litigators who try work cases. On a comparative basis for a firm our size, we have one of the largest work and labor employment groups in California. Each of our legal representatives works closely and personally with employer customers to establish proactive compliance and disagreement resolution techniques. We think this individually therapy is far more effective than an unwieldy team. We work with customers to assist them avoid office issues, however where debate is unavoidable, employment we have actually dealt with literally hundreds of jury trials, administrative trials and appeals before courts and administrative companies nationwide.

JMBM is acknowledged as a Go-To Law Practice® & reg; for the top 500 companies in the United States in the locations of labor lawsuits and labor & work law, as figured out by American Lawyer Media’s (ALM) yearly survey of in-house counsel at FORTUNE 500® & reg; business. Because labor and employment problems typically include high stakes and intense time pressure, our lawyers are dedicated to offering companies the most instant service possible. We react immediately and without stop working, with straightforward suggestions from a knowledgeable attorney who will not pass your issue off to another person. Issues like sexual harassment and employment workplace violence need instant attention- and we offer it.

Employers in the middle of a disagreement over an arranging drive or an unjust labor practice problem rely on our aggressive and prompt action. Accountability and accessibility are our watchwords, and you get direct access to the person who can resolve your problem or answer your question.

Among the strengths of our labor and employment group is the variety of the employers we represent. Public and private business in service sectors varying from basic manufacturing to innovation, apparel to aerospace and from health care to monetary services all rely on JMBM labor lawyers, regardless of the problem. Many clients have been with us 10 to 20 years-in numerous cases dealing with the same skilled lawyer who totally understands their service.

Our industry-specific prevention and preparedness techniques can prevent or decrease costly claims. We work carefully with senior executives and internal counsel to craft personalized, efficient employment policies – complete with an emphasis on correctly training managers and HR staff on legal rights and responsibilities. Our solutions work to ensure compliance with nationwide and state labor laws, lessen disputes with employees, and make the most of strategic advantage if lawsuits is needed. We stress innovative preparation and aggressive advocacy for every single customer.

There are business sectors where we have unique ability in managing work matters. Many law practice rely on us for counsel on issues including staff and attorneys, and we often recommend broker-dealers on non-compete and disciplinary debates. Our legal representatives likewise efficiently represent lots of health care and hospitality market customers in cumulative bargaining and other labor and employment issues.

Any safeguarded class of employees-by age, race, gender, special needs, religion-could bring fit against a company under the discrimination statues. We have effectively 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 finest method to handle any claim is to avoid it from being submitted, and we give clients reliable assistance right from the start to handle grievances effectively and keep them from becoming lawsuits. If litigation is needed, our lawyers examine completely and prepare a strong position that can negate plaintiff 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 overlapping with discrimination issues are claims for wrongful termination, retaliatory treatment and whistle blowing. We understand the requirement in such cases to show that an employer’s actions appertained, and regardless of the notoriety that is in some cases involved, we have actually had significant success at showing that employer conduct was genuine and handled effectively.

Whether your business currently has 3rd celebration representation or looks for to preserve a work environment devoid of such involvement, our extremely effective labor relations counsel can be essential to helping keep a competitive work environment while lessening disputes and taking full advantage of management flexibility. Employers that deal with union arranging drives depend on our help to:

– Maintain a favorable workplace with open interaction with all employees

– Comply with NLRB election laws

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

In unionized workplaces, our company is a highly knowledgeable and responsive partner that works together with company human resources and labor relations workers to:

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

– React to complaint and arbitration actions

– Manage decreases 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 firms. We use immediate response, round-the-clock accessibility in crisis situations and aggressive defense of all companies’ rights.

We protect numerous companies versus class action suits in which staff members demand back overtime pay-and millions of dollars in damages-claiming that under company policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer applies to them.

JMBM labor lawyers can help companies avoid classification problems that result in suits by:

– Auditing existing wage policy and pay practices

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

– Ensuring all exempt worker job descriptions involve management and guidance

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

Disputes over non-compete arrangements including trade secrets typically pit companies against each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it specifically hard to enforce non-compete terms. We have actually dealt with lawsuits representing both staff members’ previous and current companies, and are competent at protecting and withstanding TROs and long-term injunctions to safeguard employer interests in either kind of case.